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HomeMy WebLinkAbout4/23/1996� MINUTAMATTACHED � BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, APRIL 23, 1996 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Carolyn K. Eggert, Vice Chairman (District 2) Richard N. Bird (District 5) Kenneth R. Macht (District 3) John W. Tippin (District 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKIIP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS ADDITIONS: 7.F. Proclamation: Teen Pregnancy Prevention Awareness Week 7.G. Al Mitchell - Beach and Shore Preservation Advisory Committee 13.A. Indian River Lagoon National Estuary Program 13.B. HRS Meetings on May 20 & May 21 DELETIONS: 7.C. Award Bid #6049/Vertical Mowing ll.A.3. Consideration of Tax Abatement Program 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation in Recognition of Law Week from April 28 - May 4, 1996 1 B. Suggestion Awards Presentation 6. APPROVAL OF NUNUTES None 7. CONSENT AGENDA A. Received and Placed on File in Office of Clerk to the Board: I.R. Farms Water Control District: Annual Local Government Financial Report - FY 1994/95 General Purpose Financial Statements 9/30/95 B. Approval of Warrants (memorandum dated April 11, 1996) 2-9 a�OK �� Pa.aF. 85.0�� :'9 aoo.� 7. CONSENT AGENDA (cont'd )x C. Award Bid #6049 / Vertical Mowing (memorandum dated April 15, 1996) D. Special Public Defender Contract (memorandum dated April 17, 1996) E. M.A.C.E. Grant (Multi -Agency Drug Enforcement Unit) Project Generated Income (memorandum dated April 17, 1996) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 97 TA BACXUP PAGES 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302.07 OF THE ANIMAL CONTROL ORDINANCE OF THE INDIAN RIVER COUNTY CODE 10-12 13-14 15-18 19-24 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING THE LOCAL OPTION GAS TAX FOR 30 YEARS AND AMENDING THE DISPOSITION OF PROCEEDS (memorandum dated April 15, 1996) 25-55 B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Communift Development 1. Approval of the Indian River Mall Sign Package (memorandum dated April 12, 1996) 56-64 2. Consideration of Establishing a Policy of Waiving Industrial Utility Deposits (memorandum dated April 12, 1996) 65-116 3. Consideration of Tax Abatement Program (memorandum dated April 12, 1996) 117-179 4. Financing Traffic Impact Fees (TIF's) (memorandum dated April 8, 1996) 180-230 D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works None H. Utilities 1. Sebastian Sewer Lift Station No. 1 Upgrade (memorandum dated April 12, 1996) 240-246 2. No. Beach Wastewater Repump, Force Main, Water Main, Bid and Design Up -date (memorandum dated April 11, 1996) 247-251 3. Lurias Plaza, Replacement & Renewal Project (memorandum dated April 12, 1996) 252-255 12. COUNTY ATTORNEY Annual Report/Recommendations (memorandum dated March 29,1996) 256-257 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams �flDt 97 PALE 852 11. DEPARTMENTAL MATTERS (cont'd ) BACKUP PAGES B. Emergency Services 1. Cancellation of Lease Agreement Between Indian River County & the Fellsmere Volun- teer Ambulance Service, Inc., for Lots 24, 25, and 26, Block 98 (memorandum dated April 16, 1996) 231-232 2. Approval of Lease Agreement Between Indian River County & the City of Fellsmere for Lots 24, 25, and 26, Block 98 (memorandum dated April 16, 1996) 233-239 C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works None H. Utilities 1. Sebastian Sewer Lift Station No. 1 Upgrade (memorandum dated April 12, 1996) 240-246 2. No. Beach Wastewater Repump, Force Main, Water Main, Bid and Design Up -date (memorandum dated April 11, 1996) 247-251 3. Lurias Plaza, Replacement & Renewal Project (memorandum dated April 12, 1996) 252-255 12. COUNTY ATTORNEY Annual Report/Recommendations (memorandum dated March 29,1996) 256-257 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams �flDt 97 PALE 852 13. COMMISSIONERS ITEMS (cont'd ): B. Vice Chairman Carolyn K. Eggert C. Commissioner Richard N. Bird D. Commissioner Kenneth R. Macht E. Commissioner John W Ti in 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT 60®K 97 PACE 853 _. BACKUP PAGES ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Meeting broadcast live on: TCI Cable Channel 13 - rebroadcast S: 00 p. m. Thursday through S: 00 p. M. Friday Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO MINUTES April 23, 1996 Regular Meeting of Board of County Commissioners ADDITIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . 1 PROCLAMATION - LAW WEEK . . . . . . . . . . . . . . . . . . . 2 PRESENTATION - EMPLOYEE SUGGESTION AWARDS . . . . . . . . . . 3 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 3 A. Reports . . . . . . . . . . . . . . . . . . . . . . 3 B. Approval of Warrants . . . . . . . . . . . . . . . 3 C. Bid #6049 - Vertical Mowing . . . . . . . . . . . 11 D. Special Public Defender Contract - James T. Long, P.A.. . . . . . . . . . . . . . 11 E. M.A.C.E. Grant - Project Generated Income Agreement with Department of Community Affairs . . . . . . 11 F. Proclamation - Teen Pregnancy Prevention Awareness Week . . . . . . . . . . . . . . . . . . . . 12 G. Al Mitchell re-established as member of the Beach and Shore Preservation Advisory Committee . . . . 13 PUBLIC HEARING - ANIMAL CONTROL ORDINANCE AMENDMENT . . . . 14 PUBLIC HEARING - EXTENSION OF LOCAL OPTION GAS TAX . . . . 17 INDIAN RIVER MALL - SIGN PACKAGE APPROVAL . . . . . . . . . 22 INDUSTRIAL UTILITY DEPOSITS - ECONOMIC INCENTIVE FOR TARGETED INDUSTRY BUSINESSES . . . . . . . . . . . . . . . . . 33 CONSIDERATION OF TAX ABATEMENT PROGRAM . . . . . . . . . . 39 FINANCING TRAFFIC IMPACT FEES . . . . . . . . . . . . . . . 39 CANCELLATION OF LEASE AGREEMENT - LOTS 24, 25, 26, BLOCK 98 FELLSMERE VOLUNTEER AMBULANCE SERVICE . . . . . . . . . . 44 LEASE AGREEMENT WITH THE CITY OF FELLSMERE LOTS 24, 25, 26, BLOCK 98 . . . . . . . . . . . . . . . . . 45 SEBASTIAN SEWER LIFT STATION NO. 1 UPGRADE - TIMOTHY ROSE CONTRACTING . . . . . . . . . . . . . . . . . 47 NORTH BEACH WASTEWATER REPUMP, FORCE MAIN, WATER MAIN - REJECT BIDS; AUTHORIZE REDESIGN BY MASTELLER AND MOLER . . . 48 LURIAS PLAZA, WATER SERVICE LINES REPLACEMENT AND RENEWAL PROJECT - DRIVEWAYS, INC. & DAVIS METER . . . . . . . 50 FAIR HOUSING - ANNUAL REPORT/RECOMMENDATIONS . . . . . . . 51 INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM . . . . . . . 52 MEETING SCHEDULE - HRS DISTRICT ADMINISTRATOR SELECTION COMMITTEE . . . . . . . . . . . . . . . . . . . . . . 54 wof 9 7 ifOtt 8514 Tuesday, April 23, 1996 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 Tuesday, April 23, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDATMERGENCY ITEMS Commissioner Eggert requested addition of item 13.B. concerning HRS meetings to be held May 20 and 21, 1996. Commissioner Eggert also requested withdrawal of item 11.A.3., tax abatement, to bring it back within the next few weeks with the job grants, because they are somewhat parallel items. Chairman Adams requested addition of items 13.A., Indian River Lagoon National Estuary Program; 7.F., a proclamation for Teen Pregnancy Prevention Awareness Week; and 7.G., the re-establishment of Al Mitchell as a member of the Beach and Shore Preservation Advisory Committee. Administrator Chandler requested deletion of item 7.C., vertical mowing, which will not be needed this year because of the award of the golf course contract last week. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously added and deleted the above items to the Agenda. 01 April 23, 1996 IM T TAa 855 600k 7 fnE 8 : PROCLAMATION - LAW WEEK Chairman Adams read the proclamation, and Attorney Norman Green accepted the proclamation on behalf of the Bar Association and described their plans for observance of Law Week in Indian River County in cooperation with the School Board, cable TV, and local radio stations. PROCLAMATION WHEREAS, May 1 is LAW DAY in the United States of America; and WHEREAS, the Unites States of America has been the citadel of individual liberty and a beacon of hope and opportunity for more than 200 years to many millions who have sought our shores; and WHEREAS, the foundation of individual freedom and liberty is the body of law that governs us; and WHEREAS, the Constitution of the United States of America and the Bill of Rights are the heart of that body of law, which guarantees us many freedoms including freedom of religious belief, freedom to have and to hold property inviolate, freedom of assembly, freedom of speech, freedom of press, freedom of petition,' and due process of law among others; and WHEREAS, this year marks the 39th annual nationwide observance of LAW DAY, and the Congress of the United States and the President by official proclamation have set aside May 1 as a special day for recognition of the place of law in American life; and WHEREAS, the County of Indian River recognizes April 28 - May 4, 1996 as LAW WEEK with "The U. S. Constitution - The Original American Dream" as the Law Week theme: NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the week of April 28 - May -4, 1996 be observed as LAW WEEK in Indian River County, and the Board calls upon all citizens, schools, businesses, clubs, and the news media to commemorate the role of law in our lives. Adopted this 23 day of April, 1996. 2 April 23, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman PRESENTATION - EMPLOYEE SUGGESTION AWARDS Chairman Adams advised that this was the first quarterly employee suggestions awards. Chairman Adams, Administrator Chandler, and OMB Director Joe Baird have reviewed and analyzed 32 good suggestions which were received. She advised that at the end of the year, the employees who submitted the three best suggestions will be awarded checks for $1,000, $750, and $500. The first award, a certificate and check for $200 was presented to Pete McLeod, Building Division, for his excellent suggestion of a county issued credit card as a revenue source for the County. The second award, a certificate and check for $200 was presented (later in the meeting) to Dave Krietzky, West Regional WWTP, whose suggestion for restructuring employee schedules to avoid overtime has already been implemented. Third place award was a tie because of the similarity of suggestions from two employees. Don Finney, Engineering, and Reta Smith, Office of Board of County Commissioners, were each awarded a certificate and check for $100, for their suggestions to standardize County business cards and stationery. CONSENT AGENDA A. Reports The following report has been received and placed on file in the office of the Clerk to the Board: Indian River Farms Water Control District Annual Local Government Financial Report - FY 1994/95 General Purpose Financial Statements - 9/30/95 B. Approval of Warrants The Board reviewed a Memorandum of April 11, 1996: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: APRIL 11, 1996 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE"DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of April 3. thru April 11. 1996. 3 April 23, 1996 97 PAGF- 857 ON MOTION by Commissioner Eggert, d00K T 858 SECONDED by Commissioner Macht, the Board unanimously approved warrants issued by the Clerk to the Board for the period April 3-11, 1996, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0017660 FIRST UNION NATIONAL BANK OF 3/28/96 8.11 0017666 COSCO, KEN 4/03/96 170.16 0017667 KEMP, HAROLD 4/03/96 247.12 0017668 FIRST UNION NATIONAL BANK OF 4/04/96 61,257.76 0017669 DRITENBAS, JACK AND DORIS 4/04/96 1,000.00 0017670 BARTON, JEFFREY K -CLERK 4/08/96 714.25 0017671 BARTON, JEFFREY K -CLERK 4/10/96 90.00 0017672 BARTON, JEFFREY K -CLERK 4/10/96 1,306.80 0017673 FIRST UNION NATIONAL BANK OF 4/10/96 1,302.42 0017674 JAMES A DOOLITTLE & ASSOCIATES 4/10/96 305.00 0200403 ADRON FENCE COMPANY 4/11/96 89.43 0200404 AERO PRODUCTS CORP 4/11/96 433.03 0200405 ALPHA ACE HARDWARE 4/11/96 108.58 0200406 AMERICAN WATER WORKS 4/11/96 100.00 0200407 ACTION ANSWERING SERVICE 4/11/96 219.20 0200408 APPLE MACHINERY & SUPPLY 4/11/96 60.10 0200409 AT YOUR SERVICE 4/11/96 363.04 0200410 A T C 0 TOOL SUPPLY 4/11/96 742.64 0200411 AUTO SUPPLY CO OF VERO BEACH, 4/11/96 1,174.33 0200412 AEROSPACE EXPRESS 4/11/96 94.50 0200413 A B S PUMPS, INC 4/11/96 1,099.00 0200414 ACTION DIESEL INJECTION 4/11/96 307.01 0200415 AETNA LIFE.INSURANCE AND 4/11/96 864.39 0200416 AMERICAN BUSINESS INFORMATION -4/11/96 1,000.00 0200417 A T & T 4/11/96 25.43 0200418 ALL FLORIDA BEVERAGE & OFFICE 4/11/96 52.50 0200419 ALRO METALS SERVICE CENTER 4/11/96 130.53 0200420 ALL RITE WATER CONDITIONING 4/11/96 55.00 0200421 COMMONWEALTH TECH 4/11/96 2,000.00 0200422 ASAP SOFTWARE EXPRESS, INC 4/11/96 15.99 0200423 APCO INTERNATIONAL 4/11/96 57.00 0200424 A T & T 4/11/96 16.47 0200425 A-1 SANITATION 4/11/96 1,200.00 0200426 AERIAL PHOTOGRAPHY, INC 4/11/96 110.50 0200427 ALDEN ELECTRONICS, INC 4/11/96 565.00 0200428 ALLIED COLLOIDS, INC 4/11/96 5,834.43 0200429 A T & T 4/11/96 91.21 0200430 AMERICAN COASTAL ENGINEERING, 4/11/96 22,500.00 0200431 A M S,INC 4/11/96 249.12 0200432 AMERICAN FAMILY LIFE ASSURANCE 4/11/96 47.16 0200433 ATLANTIC COASTAL TITLE CORP 4/11/96 1,274.00 0200434 A E ROBERTS COMPANY 4/11/96 160.00 0200435 BAKER & TAYLOR, INC 4/11/96 3,233.53 0200436 BAKER BROTHERS, INC 4/11/96 485.67 0200437 BOARD OF COUNTY COMMISSIONERS 4/11/96 3,732.50 0200438 BOWLING, C G 4/11/96 128.22 0200439 BELLSOUTH MOBILITY 4/11/96 38.90 0200440 BARTON, JEFFREY K- CLERK 4/11/96 42,359.95 6200441 BARTON, JEFFREY K -CLERK 4/11/96 198.75 0200442 BERGGREN EQUIPMENT CO, INC 4/11/96 1,110.32 0200443 B & B INDUSTRIAL SUPPLY CO. 4/11/96 4,600.07 0200444 BRIDGESTONE SPORTS, INC 4/11/96 284.14 0200445 BARTON, JEFFREY K -CLERK 4/11/96 5,000.00 0200446 BAKER & TAYLOR 4/11/96 15.80 0200447 BROWN & CALDWELL CONSULTANTS 4/11/96 1,654.02 0200448 BRESSETT, WILLIAM 4/11/96 300.00 4 April 23, 1996 CHECK NAME NUMBER CHECK DATE wilai kv-0610i M 0200449 BAKER STREET INVESTIGATIONS 4/11/96 150.00 0200450 BELLSOUTH 4/11/96 3,196.41 0200451 B &'H PHOTO -VIDEO 4/11/96 137.76 0200452 BROADCASTING AND CABLE 4/11/96 109.00 0200453 CAMP, DRESSER & MCKEE, INC 4/11/96 3,615.50 0200454 CERTIFIED SLINGS, INC 4/11/96 1,059.18 0200455 CHLORINATORS, INC 4/11/96 695.56 0200456 CLASSIC AWARDS 4/11/96 4.30 0200457 CLEMENT COMMUNICATIONS, INC 4/11/96 238.94 0200458 CONSTRUCTION HYDRAULICS 4/11/96 294.78 0200459 CORBIN, SHIRLEY E 4/11/96 25.00 0200460 CITY CAB OF VERO BEACH, INC 4/11/96 170.00 0200461 COMPUTER SHOPPER 4/11/96 54.47 0200462 COASTAL FUELS MARKETING, INC - 4/11/96 4,845.60 0200463 CROSS CREEK APPAREL 4/11/96 679.50 0200464 COMPUTER & PERIPHERIAL 4/11/96 150.00 0200465 CITGO PETROLEUM CORP 4/11/96 1,513.58 0200466 CLIFF BERRY, INC 4/11/96 195.00 0200467 CUES, INC 4/11/96 504.99 0200468 COMPLETE COMPUTER SERVICES 4/11/96 159.80 0200469 CIT GROUP/COMMERCIAL SERVICES, 4/11/96 352.26 0200470 CHATTEM, INC 4/11/96 112.05 0200471 CARTER, CINDY 4/11/96 48.34 0200472 DAILY COURIER SERVICE -4/11/96 588.00 0200473 DARTNELL CORPORATION, THE 4/11/96 227.86 0200474 DAVES SPORTING GOODS 4/11/96 2,926.77 0200475 DEMCO INC 4/11/96 162.61 0200476 DICKEY SCALES, INC 4/11/96 730.00 0200477 DOCTOR'S CLINIC 4/11/96 322.00 02004,78 DON SMITH'S PAINT STORE, INC 4/11/96 991.45 0200479 DU COR INTERNATIONAL CORP 4/11/96 283.09 0200480 DRIVEWAY'S, INC 4/11/96 74,291.99 0200481 DAVIS METER & SUPPLY, INC 4/11/96 143.75 0200482 DRUM, TERRY 4/11/96 12.00 0200483 DUNKELBERGER ENGINEERING & 4/11/96 50.00 0200484 DADE PAPER COMPANY 4/11/96 1,372.70 0200485 DUNN, PAUL 4/11/96 52.84 0200486 E -Z BREW COFFEE SERVICE, INC 4/11/96 77,00 0200487 ERRETT, NANCY 4/11/96 576.87 0200488 EXPRESS REEL GRINDING, INC 4/11/96 300.00 0200489 ELPEX, INC 4/11/96 146.24 0200490 ENVIRONMENTAL WATERWAY 4/11/96 825.00 0200491 EMERGENCY LINEN SUPPLY CO 4/11/96 1,183.75 0200492 FEDERAL EXPRESS CORP 4/11/96 31.00 0200493 FIRESIDE THEATRE, THE 4/11/96 19.35 0200494 FLORIDA EAST COAST RAILWAY CO 4/11/96 482.81 0200495 FLORIDA COCA-COLA BOTTLING CO 4/11/96 350.00 0200496 FLORIDA DEPARTMENT OF REVENUE 4/11/96 3,006.91 0200497 FLORIDA LEAGUE OF CITIES 4/11/96 3,574.00 0200498 F P & L 4/11/96 12,863.75 0200499 FLORIDA RETIRIIMENT SYSTEM 4/11/96 303,529.48 0200500 FLORIDA SLUDGE SERVICE 4/11/96 6,552.00 0200501 FLORIDA EAST COAST RAILWAY CO 4/11/96 10,000.00 0200502 FLOWERS BAKING COMPANY OF 4/11/96 68.30 0200503 FALCON CABLE TV 4/11/96 10.97 0200504 FLORIDA MEDICAID COUNTY 4/11/96 35,088.17 5 Q BOOK 97 April 23, 1996 CHECK NAME NUMBER CHECK DATE CHECK AMOUNT 0200505 FELLSMERE, CITY OF 4/11/96 41.68 0200506 FLORIDA INSTITUTE OF 4/11/96 130.00 0200507 FALZONE, KATHY 4/11/96 444.79 0200508 FALZONE, MATTHEW 4/11/96 29.75 0200509 FLORIDAFFINITY, INC 4/11/96 1,581.00 0200510 FLORIDA DETROIT DIESEL -ALLISON 4/11/96 371.50 0200511 FLORIDA AUTO SUPPLY 4/11/96 86.49 0200512 GATEWAY 2000 4/11/96 286.00 0200513 GATOR LUMBER COMPANY 4/11/96 30.77 0200514 GAYLORD BROTHERS, INC 4/11/96 1,182.60 0200515 GENE'S AUTO GLASS 4/11/96 13.00 0200516 GEORGE W FOWLER CO 4/11/96 466.96 0200517 GOODKNIGHT LAWN EQUIPMENT, INC 4/11/96 224.68 0200518 GRAYBAR ELECTRIC CO, INC - 4/11/96 24.75 0200519 GENERAL MEDICAL CORP 4/11/96 2,197.51 0200520 GLOBAL COMPUTER SUPPLIES 4/11/96 313.24 0200521 GARD DISTRIBUTING 4/11/96 945.00 0200522 GOODYEAR TIRE & RUBBER 4/11/96 5,158.28 0200523 GEAC COMPUTERS INC 4/11/96 500.00 0200524 GIBSON, INC 4/11/96 85.00 0200525 GREAT GETAWAYS TRAVEL 4/11/96 544.00 0200526 GOLF AGRONOMICS 4/11/96 915.00 0200527 GEOINFORMATION INTERNATIONAL 4/11/96 59.95 0200528 H W WILSON CO -4/11/96 115.00 0200529 HARRIS SANITATION 4/11/96 443.37 0200530 HARRISON COMPANY, THE 4/11/96 73.45 0200531 HARRISON UNIFORMS 4/11/96 140.16 0200532 HEATH, CHARLES W 4/11/96 6.00 0200533 HECTOR TURF, INC 4/11/96 138.57 0200534 HUMANE SOCIETY OF VERO BEACH 4/11/96 9,090.00 0200535 HOWARD FERTILIZER CO, INC 4/11/96 888.75 0200536 HORIZON NURSERY 4/11/96 81.58 0200537 HANDI PRO HOMEOWNER SERVICE 4/11/96 365.00 0200538 HYATT REGENCY TAMPA 4/11/96 315.00 0200539 HORIZONS -SEBASTIAN, INC 4/11/96 112,255.10 0200540 INDIAN RIVER ACE PAINT 4/11/96 78.28 0200541 INDIAN RIVER AUTO SALVAGE 4/11/96 780.00 0200542 INDIAN RIVER BATTERY 4/11/96 279.00 0200543 INDIAN RIVER BLUE PRINT, INC 4/11/96 157.61 0200544 INDIAN RIVER COUNTY UTILITIES 4/11/96 1,228.23 0200545 INDIAN RIVER OXYGEN, INC 4/11/96 822.25 0200546 INGRAM 4/11/96 169.05 0200547 INTERLINK COMMUNICATIONS OF 4/11/96 423.00 0200548 INDIAN RIVER COUNTY ALS 4/11/96 350.00 0200549 INDIAN RIVER MEMORIAL HOSPITAL 4/11/96 2.00 0200550 INTERSTATE BILLING SERVICE 4/11/96 1,301.40 0200551 INFORMATION ACCESS CO 4/11/96 2,700.00 0200552 INDIAN RIVER MEMORIAL HOSPITAL 4/11/96 80.63 0200553 ROY CLARK 4/11/96 975.00 0200554 INDIAN RIVER COUNTY 4/11/96 2,494.90 0200555 INDIAN RIVER OFFICE CENTRE,INC 4/11/96 69.95 0200556 INMAC 4/11/96 139.95 0200557 INDIAN RIVER ALLFAB 4/11/96 120.00 0200558 INNER RYHTHM SURF SHOP 4/11/96 52.80 0200559 HOMELAND IRRIGATION CENTER. 4/11/96 99.52 0200560 JACOBS ELECTRIC MOTOR REPAIR 4/11/96 64.48 0 April 23, 1996 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0200561 JANIE DEAN CHEVROLET, INC 4/11/96 33.91 0200562 JOHN SELLERS PHOTOGRAPHY 4/11/96 16.65 0200563 JUDGE, JAMES A II 4/11/96 460.41 0200564 JONES CHEMICALS, INC 4/11/96 5,817.15 0200565 KING, JOHN W 4/11/96 562.24 0200566 POWELL, MARY D 4/11/96 149.72 0200567 KNIGHT & MATHIS, INC 4/11/96 6,023.04 0200568 KELLY TRACTOR 4/11/96 189.52 0200569 BOYNTON PUMP & IRRIGATION 4/11/96 121.57 0200570 KIRBY AUTO SUPPLY 4/11/96 107.67 0200571 KIRLIN, JOHN J INC OF FLORIDA 4/11/96 299,625.85 0200572 KLINK, RICHARD 4/11/96 11100.00 0200573 LESCO, INC 4/11/96 729.15 0200574 LAB SAFETY SUPPLY, INC - 4/11/96 744.71 0200575 LEWIS, RUTH A 4/11/96 40.48 0200576 LIGHT SOURCE -TONER SUPPLY 4/11/96 2,018.77 0200577 LOPRESTI, ETTA 4/11/96 564.44 0200578 LEAPFROG PRODUCTIONS 4/11/96 35.90 0200579 LAND AND WATER 4/11/96 24.00 0200580 MAXWELL & SON, INC 4/11/96 42.09 0200581 MCCOLLUM, NATHAN 4/11/96 596.62 0200582 MOODY TIRE, INC 4/11/96 6.00 0200583 MATRX MEDICAL, INC 4/11/96 261.59 0200584 MCDONOUGH, DIANA -4/11/96 382.50 0200585 MOUTENOT, ANNE 4/11/96 32.48 0200586 MCMASTER-CARR SUPPLY COMPANY 4/11/96 97.43 0200587 MICRO -SCILLA COMPUTER, INC 4/11/96 85.00 0200588 MERCURY TECHNOLOGIES 4/11/96 217.08 0200589 MICHIE BUTTERWORTH 4/11/96 84.95 0200590 MARTIN COUNTY PETROLEUM 4/11/96 1,455.03 0200591 MIDWEST TAPE EXCHANGE 4/11/96 16.95 0200592 MYERS, CHARLES A & HELMA M 4/11/96 23.25 0200593 MC GRIFF, EDDIE 4/11/96 27.81 0200594 MORRIS-KOPEC FORENSICS,INC 4/11/96 550.00 0200595 MCDONALD & WOODWARD 4/11/96 17.95 0200596 MORRIS, CATHERINE 4/11/96 100.00 0200597 MAXFLI GOLF DIVISION 4/11/96 130.53 0200598 MID -FLORIDA FORKLIFT, INC 4/11/96 83.28 0200599 NATIONAL AMBULANCE BUILDERS, 4/11/96 66.80 0200600 NEW PIG CORPORATION 4/11/96 700.78 0200601 9 1 1 MAGAZINE 4/11/96 17.95 0200602 NATIONAL PROPANE CORP 4/11/96 219.99 0200603 NATIONAL HEADQUARTERS 4/11/96 20.00 0200604 OFFICE PRODUCTS & SERVICE 4/11/96 677.99 0200605 OMNI BUSINESS SYSTEMS, INC 4/11/96 2,797.00 0200606 OSBORN, MERLE RN 4/11/96 60.00 0200607 OXFORD UNIVERSITY PRESS 4/11/96 23.40 0200608 OESS, STEPHEN 4/11/96 34.00 0200609 PEACE RIVER ELECTRIC 4/11/96 222.31 0200610 PETTY CASH 4/11/96 11.20 0200611 - PIFER, INC "4/11/96 323.26 0200612 PETTY CASH 4/11/96 25.59 0200613 PORT PETROLEUM, INC 4/11/96 1,258.02 0200614 PARKWAY RESEARCH CORP 4/11/96 608.00 0200615 POSTMASTER 4/11/96 96.00 0200616 POWELL, FRANCES BOYNTON 4/11/96 36.80 vj April 23, 1996 boa 97 PA- fu 861 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0200617 PINEWOODS ANIMAL HOSPITAL 4/11/96 40.00 0200618 PHELPS, ELLIS K 4/11/96 3,815.00 0200619 RUSSELL PAYNE PAINTING, INC 4/11/96 2,047.00 0200620 PARKER, JOSEPH 4/11/96 42.50 0200621 PRIME EQUIPMENT CO 4/11/96 95.27 0200622 PMI IMAGING SYSTEMS, INC 4/11/96 613.00 0200623 PIERCE, MARK 4/11/96 269.16 0200624 R L POLK & COMPANY 4/11/96 348.00 0200625 RADIO SHACK ACCT RECEIVABLE 4/11/96 455.02 0200626 RAMADA LIMITED 4/11/96 172.80 0200627 RELIABLE WELL DRILLING 4/11/96 160.00 0200628 RELIABLE SEPTIC SERVICES 4/11/96 1,495.00 0200629 RICHARDSON, CALVIN C 4/11/96 447.00 0200630 ROSELAND VOLUNTEER FIRE DEPT _ 4/11/96 23.00 0200631 RUSSELL CONCRETE, INC 4/11/96 653.00 0200632 RUSTIC DIMENSIONS, INC 4/11/96 966.17 0200633 RAY PACE'S WASTE EQUIPMENT,INC 4/11/96 1,419.78 0200634 RIVERSIDE THEATRE 4/11/96 250.00 0200635 RAYSIDE TRUCK AND TRAILER 4/11/96 2,625.00 0200636 REED REFERENCE PUBLISHING CO 4/11/96 265.00 0200637 ROSEMOUNT ANALYTICAL, INC 4/11/96 375.92 0200638 R & G SOD FARMS 4/11/96 60.00 0200639 RGF ENVIRONMENTAL SYSTEMS 4/11/96 1,245.45 0200640 RISSMAN, WEISBERG, BARRETT, -4/11/96 365.69 0200641 SAS, DIVISION OF ELLIS K PHELP 4/11/96 390.00 "0200642 SAFETY EQUIPMENT COMPANY 4/11/96 218.75 0200643 SCOTTY'S, INC 4/11/96 410.21 0200644 SEARS COMMERCIAL CREDIT 4/11/96 70.43 0200645 SEBASTIAN TRUE VALUE 4/11/96 304.23 0200646 SEBASTIAN VOLUNTEER FIRE DEPT 4/11/96 48.00 0200647 SHELL OIL COMPANY 4/11/96 39.99 0200648 SHEPARD'S MCGRAW-HILL, INC 4/11/96 694.00 0200649 SIR SPEEDY 4/11/96 56.77 0200650 SOUTHERN CULVERT, DIV OF 4/11/96 5,253.12 0200651 SOUTHERN EAGLE DISTRIBUTING, 4/11/96 346.30 0200652 SOUTHERN ELECTRIC SUPPLY 4/11/96 3,906.19 0200653 SOUTHSIDE ANIMAL HOSPITAL 4/11/96 15.00 0200654 SPREADRITE SERVICES, INC 4/11/96 850.00 0200655 STURGIS LUMBER & PLYWOOD CO 4/11/96 192.39 0200656 SUDDEN IMAGES 4/11/96 98.08 0200657 SUNCOAST WELDING SUPPLIES, INC 4/11/96 801.91 0200658 SUNSHINE PHYSICAL THERAPY 4/11/96 60.00 0200659 ST JOHN'S RIVER WATER MGMT 4/11/96 100.00 0200660 SERVICE REFRIGERATION CO, INC 4/11/96 2,020.25 0200661 SIMON & SCHUSTER CONSUMER 4/11/96 316.57 0200662 SABONJOHN, JAMES E 4/11/96 786.70 0200663 SIGNS IN A DAY 4/11/96 105.00 0200664 SOUTHERN JANITOR SUPPLY 4/11/96 .733.56 0200665 SHADY OAK ANIMAL CLINIC 4/11/96 34.00 0200666 SOUTHERN SEWER EQUIPMENT SALES 4/11/96 788.00 0200667 SUBSTANCE ABUSE COUNCIL 4/11/96 1,558.75 0200668 SUN BELT MEDICAL SUPPLY, INC 4/11/96 1,024.12 0200669 SUPERIOR PRINTING 4/11/96 3,900.05 0200670 SYSCO FOOD SERVICE 4/11/96 1,086.86 0200671 SHOWCASE PROPERTIES 4/11/96 500.00 0200672 SNAPS PHOTO FINISHING, INC 4/11/96 9:75 8 April 23, 1996 � � r CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0200673 SIMPLEX TIME RECORDER CO 4/11/96 193.00 0200674 .SIMS, MATTHEW 4/11/96 138.62 0200675 SOUTHEASTERN EMERGENCY EQUIP 4/11/96 410.00 0200676 ST LUCIE HISTORICAL SOCIETY 4/11/96 32.30 0200677 SHANDS HOSPITAL 4/11/96 39.00 0200678 SIMS, ARTHUR 4/11/96 48.87 0200679 SIGNAGE SPECIALIST 4/11/96 64.35 0200680 SUN AVIATION 4/11/96 599.00 0200681 SUMMERLINGS SEVEN SEAS 4/11/96 3,875.00 0200682 SPLIT TEE CORP 4/11/96 669.00 0200683 SADDLEBROOK RESORT - TAMPA 4/11/96 437.40 0200684 STEWART, LARRY R 4/11/96 35.94 0200685 TRODGLEN PAVING, INC 4/11/96 653.51 0200686 TREASURE COAST BUILDERS ASSOC _ 4/11/96 250.00 0200687 TREASURE COAST REFUSE CORP 4/11/96 151.51 0200688 T-SHIRT FACTORY 4/11/96 629.40 0200689 TIMOTHY ROSE CONTRACTING, INC 4/11/96 500.00 0200690 TURFLINE DISTRIBUTORS, INC 4/11/96 605.56 0200691 THOMAS, DEBBY 4/11/96 378.00 0200692 TREASURE COAST PUBLISHING INC 4/11/96 676.50 0200693 THOMPSON PUMP & MFG CO INC 4/11/96 10,947.00 0200694 UNIQUE BOOKS, INC 4/11/96 8,443.79 0200695 U S ARMY CORPS OF ENGINEERS 4/11/96 43,560.00 0200696 UNIVERSITY OF CENTRAL FLORIDA _4/11/96 196.00 0200697 VERO BEACH VOLUNTEER FIRE 4/11/96 16.00 0200698 VERO BEACH PRESS JOURNAL 4/11/96 38.24 0200699 VERO BEACH PRESS JOURNAL 4/11/96 880.38 0200700 VERO BEACH, CITY -OF 4/11/96 37,559.52 0200701 VERO LAWNMOWER CENTER, INC 4/11/96 321.13 0200702 VERO RADIATOR WORKS 4/11/96 45.00 0200703 VETROL DATA SYSTEMS, INC 4/11/96 1,924.00 0200704 VILLAGE ANIMAL CLINIC 4/11/96 15.00 0200705 VITUNAC, CHARLES P 4/11/96 120.80 0200706 VERO BEACH, CITY OF 4/11/96 46.16 0200707 VERO LAKE ESTATES VOLUNTEER 4/11/96 36.00 0200708 VERO ORTHOPAEDICS 4/11/96 24.00 0200709 VIDEO UNIVERSITY PRODUCTIONS 4/11/96 92.00 0200710 WAL-MART STORES, INC 4/11/96 450.27 0200711 WALL STREET JOURNAL 4/11/96 164.00 0200712 WEST PUBLISHING CORP 4/11/96 1,047.00 0200713 WOODY'S PAPER & PRINT 4/11/96 161.10 0200714 WRIGHT, DOUGLAS M 4/11/96 323.82 0200715 WILSON SPORTING GOODS -GOLF 4/11/96 629.28 0200716 WILLHOFF, PATSY 4/11/96 260.00 02.00717 WABASSO GOLF, INC 4/11/96 300.00 0200718 WOLFE, MEGAN 4/11/96 17.00 0200719 WHAT TO BUY FOR BUSINESS INC 4/11/96 125.00 0200720 XEROX CORPORATION 4/11/96 67.50 0200721 ZEPHYRHILLS SPRING WATER CO 4/11/96 9.00 0200722 RODDENBERRY, ALFRED 4/11/96 245.88 0200723 SCHUCKERS, GERALD •4/11/96 758.98 0200724 MEADER, STEPHEN 4/11/96 30.50 0200725 BLANCO, ARIOSTO M 4/11/96 24.07 0200726 CAROL'S PLACE 4/11/96 9.21 0200727 GRAND HARBOR 4/11/96 89.56 0200728 R ZORC & SONS BUILDERS INC 4/11/96 35.39 April 23, 1996 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0200729 LIGGIERI, FRANK 4/11/96 87.61 0200730 AMERON HOMES 4/11/96 101.12 0200731 EJGIRD, ALEKSANDRA A 4/11/96 22.15 0200732 WILLIAMS, VANNETTE R 4/11/96 27.62 0200733 HOBART BROTHERS CO 4/11/96 60.49 0200734 POULIN, ROMEO J 4/11/96 44.06 0200735 SCHUEPPERT, F E 4/11/96 36.06 0200736 MAHONEY, DONNA 4/11/96 30.29 0200737 CORNERSTONE SELECT HOMES INC 4/11/96 67.69 0200738 ELLIOTT SR, DANIEL D 4/11/96 35.29 0200739 HILL, SHONTA 4/11/96 97.68 0200740 FISHER, STEPHEN B 4/11/96 51.26 0200741 DE ROSE, CHARLES E 4/11/96 44.50 0200742 TRIGO, JOSE CARLOS 4/11/96 21.94 0200743 WOLVERTON, AMBER 4/11/96 52.57 0200744 VAN DYKE, CARL L 4/11/96 52.54 0200745 WYNN, WADES 4/11/96 52.53 0200746 LOPEZ, MIGUEL A 4/11/96 52.59 0200747 LEWIS, KAY 4/11/96 52.57 0200748 COOKSEY II, BYRON T 4/11/96 100.00 0200749 HANDLOVITS, CARL E 4/11/96 52.53 0200750 SCHUMANN, GENE 4/11/96 61.25 0200751 JANSEN, JACK A 4/11/96 52.57 0200752 CLOUSTON, REX -4/11/96 54.04 0200753 TOWNSEND, DAVID E 4/11/96 52.60 0200754 GRACE LUTHERAN CHURCH 4/11/96 50.00 0200755 WALLEN, STEVEN 4/11/96 31.57 0200756 MULLENS, JUNE 4/11/96 52.57 0200757 MORRISON, PETER 4/11/96 46.65 0200758 FURLONG, MICHAEL T 4/11/96 43.18 0200759 DAY, ROBERT 4/11/96 15.43 0200760 GREGG JR, DAVID 4/11/96 48.56 0200761 WNEK, TAMMY S 4/11/96 78.80 0200762 KAMONKA, JOHN R 4/11/96 31.12 0200763 SANDY PINES LTD 4/11/96 64.91 0200764 BELIS, DALE 4/11/96 8.41 0200765 INDIAN RIVER APARTMENTS 4/11/96 314.13 0200766 DUGAN, MICHAEL & GAIL 4/11/96 50.00 0200767 DEVINE, DON 4/11/96 68.66 0200768 GIBSON, FRANK S 4/11/96 79.67 0200769 DIXIE BARBER 4/11/96 49.05 0200770 R ZORC & SONS BUILDERS INC 4/11/96 45.60 0200771 SCOTT, JOHNNIE 4/11/96 24.46 0200772 WILLIAMS, MATTIE -4/11/96 107.07 0200773 NICHOLAS, ROBERT B 4/11/96 56.21 0200774 MARGENE INVESTMENT GROUP, INC 4/11/96 24.38 0200775 HODGES, GINA M 4/11/96 39.85 0200776 BARROW, TINA 4/11/96 12.91 0200777 WOODIN, TRUSTEE RICHARD 4/11/96 39.85 0200778 JOHN LLOYD BUILDERS INC 4/11/96 32.56 10 April 23, 1996 1,298,588.98 C. Bid #6049 - Vertical Mowing DELETED. D. Special Public Defender Contract - Tames T. Long, P.A. The Board reviewed a Memorandum of April 17, 1996: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: April 17, 1996 RE: SPECIAL PUBLIC DEFENDER CONTRACT Since January, 1993, the County has had a contract with the law offices of James T. Long, P.A., to provide legal representation of indigent adults and juveniles in certain types of criminal cases. The contract was awarded after a committee comprised of a commissioner, the chief judge of the 19th Circuit, the Public Defender and the County Attorney determined that it was both cost-effective and efficient for the County to enter into such a contract. The Board of County Commissioners then published an invitation to bid, and the contract was established on a flat fee per case basis of $600.00 for non -capital felony cases and $300.00 for misdemeanor and juvenile. The original contract had an expiration date of December 31, 1994 but was extended to December 31, 1995. Mr. Long has agreed to a further extension of the contract for one year (to December 31, 1996) under the same terms. It is recommended that the Board extend the subject contract to December 31, 1996. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved a one-year extension (to December 31, 1996) to the contract of James T. Long, P.A., as recommended in the memorandum. AMENDMENT NO. 2 TO SPECIAL PUBLIC DEFENDER CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. M.A.C.E. Grant - Project Generated Income Agreement with Department of Community Affairs The Board reviewed a Memorandum of April 17, 1996: 11 600 ra J1 865 April 23, 1996 mo 97 P, LE 866 TO: Members of the Board of County Commissioners DATE: April 17, 1996 SUBJECT: M.A.C.E. GRANT (MULTI -AGENCY DRUG ENFORCEMENT UNIT) PROJECT GENERATED INCOME - CONSENT AGENDA FROM: Joseph A- Baird OMB Director DESCRIPTION AND CONDITIONS Indian River .County Sheriff's Department wants to apply to the state to use anti-drug abuse grant M.A.C.E. Unit income in the amount of $4,398.75. The M.A.C.E. Unit income was generated from confiscating property in drug related activities. The Sheriff's Department will use the funds to purchase the items as shown in the attachment. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the use of funds for equipment and authorize the Chairman to sign the Project Generated Income. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the use of funds for equipment in the amount of $4,398.75, and authorized Project Generated Income Agreement with the Department of Community Affairs, as recommended in the memorandum. GENERATED INCOME AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. Proclamation - Teen Pregnancy Prevention Awareness Week PROCLAMATION WHEREAS. the children of this state should be bom healthy, grow up in a safe and nurturing environment. haw the full support of their mother and father, experience educational success, achieve economic independence, and reach their fullest potential in life. and WHEREAS, teen pregnancy and parenting increases the likelihood of low birth weight, developmental delays and disabilities, and child abuse and neglect for the infant; disruption of education, decreased income potential, economic dependence on welfare, and subsequent pregnancies in the teenage years for the mother; and WHEREAS, the burden associated with teen pregnancy and parenting is also borne by the taxpayers of Florida through increased costs in the areas of health care, education, welfare, and juvenile crime, and 12 April 23, 1996 J L� WHEREAS, in each of the last seven years, more than 17,000 of Florida's children from ages 10 through 18 years have given birth to children; and WHEREAS, a summit on the prevention of teen pregnancy, which included private and public representation from around the state, identified public awareness as an important strategy for addressing this problem; and WHEREAS, the prevention of teen pregnancy should be a priority to the County of Indian River, and WHEREAS, the County of Indian River should further focus its attention on the prevention of teen pregnancy by building awareness of the causes, extent, and consequences of the problem; building linkages between local, state and national resources; and calling its citizens to action in their communities to address this critical issue: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, Florida that the week of April 23 through May 1. 1996 be designated as TEEN PREGNANCY PREVENTION AWARENESS WEEK in Indian River County. The Board finther urges all citizens of this county to support the local agencies involved in curtailing this problem. Adopted this 23 day of April, 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously designated the week of April 23 through May 1, 1996 as Teen Pregnancy Prevention Awareness Week in Indian River County. G. Al Mitchell re-established as member of the Beach and Shore Preservation Advisory Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved re-establishment of Al Mitchell as a member of the Beach and Shore Preservation Advisory Committee, as requested by Chairman Adams. 13 April 23, 1996 5000 97 PAIGE 8�7 ,500x 97 PnM PUBLIC HEARING - ANIMAL CONTROL ORDINANCE AMENDMENT 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 Bihach in Indian River County, Florida; that the attached copy of advertisement, being _ in the matter of in the////``�` Court, was pub- lished in said newspaper in the issues of CC/>, -L i q -/(,— Affiant 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. S�q�q,to and subscribed before me this day C [A.D. 19 •'gip C. Sp"•. My Comm Expires ; SARMIA Q SPRAMIF r rewv au , rf J���j 19J7 Sud, of Flur,da. Mr Co mm�ar n !sp Juno 9.1997 .Ip.tAL�r72 Camnuaswn Nun6ar CC3005)2 •r�•,•riA l��3L\G• Sgnad N.,I;n nnlnlAnAt.-:nIWAIF NOTICE The Board of Ccurdy Cwmrrbsioners of Indian RIM County, Fbrida, provides notice of a pub8c hearing schedtded far 8:05 a m. on T April 23. 1996, to be held at the Man War, Co i Administration Bu9dlrg, 1840 25th Street, Vero Beach, Floride. This ptft heaft wE be for the menti f the following � AN ORDINANCE OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING CHAPTER 302.07 OF THE ANIMAL CONTROL ORDI- NANCE OF THE INDIAN RIVER COUNTY CODE Any Interested parties may appear at the meet and be heard with respect to the proposer ord nanoe. Copies of the proposed orillnence are avair- able for Inspection by the pubs dLAV regular busi- ness hmn at the OfU of the Cleric to the Board of County Ckintrnissioners, 1840 25th Street, Vero Beach, Florida. Arlyorie who ma decision which be madeat this meetrig wwish to appeal illneed to ensure that a Verbatim record of the proceeduhgs is made, which Includes testimony and evidence upon which the appeal Is bead. Anyone who needs a special acoortunoclation for ft mee&g may oontact the County's Americans with DAct (ADA) Coordinator at 567-8000, Ext 408 at least 48 hours In advance of the rneet- AM 12,1996 1296386 The Board reviewed a Memorandum of April 17, 1996: TO: Board of County Commissioners ✓��f FROM: Terrence P. O'Brien - Assistant County Attorney 7 v DATE: April 17, 1996 SUBJECT: PUBLIC HEARING - APRIL 23, 1996 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302.07 OF THE ANIMAL CONTROL ORDINANCE -OF THE INDIAN RIVER COUNTY CODE. The proposed ordinance amends Chapter 302.07 by mitigating the cost of animal adoptions. - REQUEST: Staff recommends approval of the attached proposed ordinance and authorization for the Chairman to sign. 14 April 23, 1996 Emergency Services Director Doug Wright reviewed the negative effects of the current deposit requirements on animal adoptions, and described the changes to the ordinance which would occur if the Board adopted the proposed ordinance. He asked the Board to favorably consider making the change. Joan Carlson, Executive, Director of the Humane Society, advised that she concurred with the remarks of Director Wright and described current endeavors of the Humane Society including their greater awareness campaign, licensing, and lost and found. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance No. 96-10 amending Chapter 301.07 of the Animal Control Ordinance, as recommended by staff. 2/ 22/96(c -k%30207. doc) Ow ORDINANCE 96- 10 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302.07 OF THE ANIMAL CONTROL ORDINANCE OF THE INDIAN RIVER COUNTY CODE. WHEREAS, the additional requirement for a deposit for the vaccination for rabies with the agreement to sterilize and vaccinate raises the cost of animal adoption; and WHEREAS, this increased cost has a chilling effect on adoption, NOW, THEREFORE, BE IT "ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. Paragraph 5 of Section 302.07 is amended as follows: Section 302.07. Impoundment and disposition. X X X X X 5. Except for any animal undergoing quarantine pursuant to section 302.08, 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 euthanasia as it deems most humane, in its sole 15 April 23, 1996 npp 97 869 BOOK 97 X870 ORDINANCE 96- 10 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 and currently vaccinated for rabies or without a written agreement from the adopting party guaranteeing that said animal shall be sterilized and currently vaccinated for rabies within thirty (30) days following adoption, unless the sexual maturity of the animal requires a longer period. An agreement to sterilize and vaccinate for rabies shall beobtained from the adopting person by the agency from which the animal is adopted. Sterilization 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 division of animal control is authorized, if requested by the owner, to refund any portion of the current year's paid licensing fee attribut- able 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 sterilization of adoptive animals shall be interpreted consistently with the legislative policy and requirement set forth in F.S. section 832.153, as may be amended, governing sterilization of animals 'released from animal control shelters or agencies. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23 day of April , 1996. This ordinance was advertised in the Vero Beach Press -Journal on the 12 day of April , 1996, for a public hearing to be held on the 23 day of Apri 1 1996, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Eggert , and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye 16 April 23, 1996 ORDINANCE 96- 10 The Chairman thereupon declared the ordinance duly passed and adopted this 23 day of April , 1996. Words indicated as1�i�1�/��jf��fl are deletions from existing law; words indicated as underlined are additions. BOARD OF COUNTY COMMISSION Attest: INDIAN RIVER COUNTY, FLORIDA Jeffrey - Barton ler. Fran B. Adams, Chairman , a-7a Effective date: This ordinance became effective upon filing with the Department of State which took place on 30 day of April 1996. ' indim Riva Cn AFproved Date Adrnirt fE- y qd Le•ial -2 Buaget Dept. flisk Mgr. PUBLIC HEARING - EXTENSION OF LOCAL OPTION GAS TAX 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 In the matter of vGGP/ ✓6X in the Court, was pub- lished in said newspaper in the issues of " //[�OO'L' - t" /? fG Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 6O da of QPj�/A.D. 19 94 r„.... POTA0 . W, IBusin e •� � : BARBARA G C_pp0(:I IF W1T�(ri OI IGS ,!- My Comm. Expires : Stale of FbnOa, uy Commesw EiP. Jum 2g. 19*7 J(sM)1997 :win N�umOe�r: CC30e572 No. CC300572 r c�c;� yrF pp F� OQ Notary: BARBARA C. SPRAGUE jVF Flri April 23, 1996 NOTICE The Board Of Cotnly G rftylisvonersCa �Ias of Indian D� Countscheduled y, herforr 9:05 am. nidies notice of a RKv Admtr 3, 19 n . t April be held at the Indian RimC i Beach, Florida. 4 Pring � Ld3k hearing forVero the ntg the fallowing Proposed ordl- ance entitled - AN ORD94ANCE . OF INDIAN RIVER COUN. TY. FLORIDA, EXTENDING THE LOCAL OPTION GAS TAX FOR 30 YEARS AND AMENDING THE DISPOSITION OF PRO- CEEDS. Anyftrestedand wparties to appear at the drneeth OFi respect the proposed or rem. Copies of the proper ordinance are avall- able for YwPedbn by the Pft dit regular busi- ness hours at the Office of the Clerk to the Board of County Corn nissioners, 1840 25th Street, Vero Beach, Florida. - Anyone who may wishto any decision which way be made at ft W8 need to ensure tl18t a verbatim record of the proltp is made, which includes testimony and evidence Ulan which ft appeal Is Weed. Anyone who needs a special aocorr wdaU0n for tiffs contact the County's Americans with Ext. 40S�isel t 48 A) Coordinator adadtra� meetmg•gl Apr16,1996 hours 1294367 mor 97 PAur 871 I Par 97 PAA72 Public Works Director Jim Davis reviewed a Memorandum of April 15, 1996: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.[[����,� Public Works Director" WWW SUBJECT: Public Hearing to Extend 6C Local Option Gas Tax Program for 30 Years DATE: April 15, 1996 DESCRIPTION AND CONDITIONO The Indian River County Local Option Gas Tax program was adopted Sept. 1, 1985 and will expire August 31, 1996 unless re -authorized by Country Ordinance. The program has contributed approximately $3 million per year to the County and the five municipalities within the County. Attached is an authorizing ordinance to extend the program for 30 years. In addition, previous staff reports and memos document key issues regarding the program, especially continued use of the existing three -parameter formula which distributes the revenue to the County and five municipalities. The formula considers population, equivalent lane miles of roadway, and transportation expenditures for the preceding five year period. Four municipalities containing at least 50% of all of the incorporated area population support the formula, with the exception of the City of Vero Beach. ALTERNATIVES AND ANALYSIS Staff has communicated during the past year with all municipalities regarding extending the program. It -appears that all cities support the extension. The City of Vero Beach is not substantially gaining Population compared to the other four municipalities and unincorporated area, and as a result, the City's revenue share is decreasing. Understandably, the City of Vero Beach desires to change the distribution formula by adopting a one parameter formula based upon transportation expenditures over the past five years. Whereas this change would increase the County Unincorporated area share, the other four municipalities would lose revenue. Based upon staff's opinion that the three parameter formula considers a broader range of.considerations, the Board directed staff on Oct. 17, 1995 to schedule a public hearing on an ordinance to extend the program using the three parameter formula. Subject to the public comments received at the Public Hearing, the following alternatives are presented: Alte native # Adopt the ordinance to extend the Local Option Gas Tax program for 30 years. Alternative #2 Allow the program to expire Sept. 1, 1996. RECOMMNDATI)NS AND FUNDING Staff recommends Alternative No. 1 whereby the program is extended. If approved, staff will prepare interlocal agreements to be sent to each municipality. 18 April 23, 1996 Director Davis confirmed that the formula must be reviewed every two years as required by State law. The following letter was received from the City of Fellsmere dated April 19, 1996, enclosing their Resolution 96-H: CITY OF FELLSMERE ROBERT C. "BOB" BAKER, Mayor DEBORAH C. KRAGES. City Clerk EXPRESS MAIL EG540 775 705 US Phone (407) 571-0116 April 19, 1996 The Honorable Fran B. Adams Chairman, Board of County Commissioners Indian River County 1840 - 25th Street Vero Beach, Florida 32960 RE. City of Fellsmere Resolution 96-H Dear Fran: P.O. Box 39 Fellsmere, FL 32948-0039 Fax (407) 571-1901 The City Council of the City of Fellsmere, during their Regular Council Meeting, April 18, 1996, unanimously approved the adoption of Resolution 96-H, attached. The City Council respectfully requests that the Board of County Commissioners adopt the proposed Ordinance extending the six cents Local Option Gas Tax during the Commission Meeting on April 23, 1996 Sincerely. Xeborahtrages City Clerk/Treasurer The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 96-11 extending the Local Option Gas Tax for 30 years and amending the disposition of the proceeds. Eel] April 23, 1996 5m � " 97 P*GE 87-3 bou 97; fmE874 2/22/96(ord\gaestax. doc)Ow ORDINANCE 96- 11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING THE LOCAL OPTION GAS TAX FOR 30 YEARS AND AMENDING THE DISPOSITION OF PROCEEDS. WHEREAS, Section 336.025, F. S. authorizes the levy of a local option -gas tax; and WHEREAS, the County adopted an ordinance establishing said tax (Chapter 209, Indian River County Code); and WHEREAS, said tax has a current termination date of August 31, 1996; and WHEREAS, an extension of this tax for the maximum period allowed by law is in the public interest; and WHEREAS, the disposition of proceeds should also be addressed, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. Section 209.03 which reads as follows: Section 209.03. Effective date. The tax imposition hereby made shall be effective from September 1, 1985 to August 31, 1996, both inclusive. is hereby amended to read as follows: Section 209.03. Effective date. The" tax imposition hereby made shall be effective from September 1, 1996 to August 31, 2026, both inclusive. Section 209.04(a) which reads as follows: Section 209.04. Disposition of proceeds. (a) Pursuant to the interlocal agreement entered into between ' the county and municipalities within the county representing a majority of the incorporated area population within Indian River County, the proceeds of the tax hereby imposed shall be divided and distributed by the State of Florida Department of Revenue to Indian River County and eligible municipalities in the following proportions: 20 April 23, 1996 M Recipient Indian River County City of Vero Beach _ City of Sebastian City of Fellsmere Town of Indian River Shores City of Orchid is hereby amended to read as follows: ORDINANCE 96- 11 Share of Profits (percent) 67.5567 19.4200 9.9033 1.9567 1.1433 .02 Section 209.04. Disposition of proceeds. (a) The disposition of proceeds shall be pursuant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipalities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held at least every two years by the parties to the agreement. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding 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 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take - - effect on September 1, 1996. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23 day of Apri 1 , 1996. This ordinance was advertised in the Vero Beach Press -Journal on the 6-- day of Apri 1 1996, for a public hearing to be held on the 23 day of April , 7996; at which time it was moved for 21 April 23, 1996 BooK 97 F:A r.875 600:K 97 pwrAW, 7 ORDINANCE 96- 11 adoption by Commissioner Eggert , seconded by Commissioner Bi rd , and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 23 day of April , 1996. BOARD OF COUNTY COMMISSION Attest: INDIAN RIVER COUNTY, FLORIDA B Jeffrey Parton, Clerk y ran B. Adams, Chairman Indian River Count A roved 5 pp Date Administration i ,dget '< Mananement _ir.partment j Division 6 Filed with the Department of State on 30th day of April, 1996. Effective date September 1, 1996. INDIAN RIVER MALL - SIGN PACKAGE APPROVAL With the aid of an overhead projector, Planning Director Stan Boling reviewed a Memorandum of April 12, 1996: TO: James E. Chandler County Administrator DIVI54ON HEAD CONCURRENCE: ........i .. .-a. a�.ca%.iaay/ cel Community 11evelopment 7irector FROM: Stan Boling; AICP Planning Director DATE: April 12, 1996 SUBJECT: Approval of the Indian River Mall Sign Package It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 23, 1996. _ April 23, 1996 22 BACKGROUND: The development order (D.O.) for the Indian River Mall project approved in July 1994 required the mall developer to obtain Board of County Commissioners approval of a sign package for the entire project (mall building, Indian River Commons shopping center, and outparcels). The sign package, at a minimum, is required to show the height, size, and type of free-standing signs to be utilized on the entire project site. Subsequent to the D.O., the county and the developer entered into a local developers agreement in June 1995 that re -iterated the D.O. sign approval requirements and specifically provided that the developer could apply for a sign regulations modification pursuant to normal allowances of sign ordinances section 956.16(3). Staff has worked with the developer over the last several months to come up with a sign package that allows signs large enough for the overall project but that are also generally in keeping with sign principles reflected in the Wabasso Corridor Plan. The proposed package provides all of the required height, size, and style details. The Board is now to review and approve the sign package. ANALYSIS: The sign package proposes monument -style signs at three SR 60 driveway locations, and at the project's 66th Avenue and 26th Street entrances. Taller, pylon signs are proposed at three SR 60 driveway locations. All signs have base and landscaping treatments, and all tie into a common color and style theme for all mall signs (external and internal) , including six small directional signs located at various points within the project parking area (see attachment #1). The sign package also covers all commercial outparcels and restricts signs for such outparcels to the Wabasso Corridor Plan monument style sign requirements. The package also reflects a modification allowed via the sign ordinance, whereby the project's total free-standing sign area is reduced by 10% in return for allowing an increased number of -signs on SR 60. Specifically, that increase accommodates the use of monument -style signs on each side of two SR 60 entrance driveways. The following free-standing signs are proposed: A. Four SR 60 driveway entrance monument -style signs, limited to a height of 7'-8" (see attachment #2). B. One SR 60 pylon sign with readerboard, limited to a height of 20' (see attachment #3) C. One SR 60 pylon sign, limited to a height of 20' (see attachment #4) D. Two secondary entrance, monument -style signs; one at the 66th Avenue driveway and one at the 26th Street driveway. These signs are limited to a height of 6'-10" each (see attachment #5) E. One Indian River Commons shopping center pylon sign, limited to a height of 20' (see attachment #6) F. Six parking lot directional signs limited to a height of 7'-5" each (see attachment #7) G. All outparcel signs are limited to a height of 10' and will be monument -style signs meeting the Wabasso Corridor Plan standards for signs. 23 April 23, 1996 Boa 97 PACE 877 Box 97 PA;rAKS In staff's opinion, the size'of the project (over 1,500,000 square feet of commercial building area) warrants some signs larger and taller than those contemplated by and allowed in the Wabasso Corridor Plan. Also, it is staff's opinion that the proposed package is in keeping with the principles of the Wabasso Corridor Plan and the "informal" SR 60 corridor plan, and will result in an actual decrease of overall free-standing sign area that would be allowed under normal sign ordinance provisions. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed package for free-standing signs for the entire Indian River Mall project (Indian River Mall, Indian River Commons shopping center, outparcels). Director Boling described sizes and locations of all signs as indicated on the following drawings: April 23, 1996 24 7 � 1 1 1 WE PLAN SCALE - NOT DRAWN TO SCALE MAIN ENTRANCE MONUMENT (IMIM) MALL READER BOARD (RBI ® SECONDARY ENTRANCE MONUMENT ISE) MOVIE PYLON (NIP) D VEHICULAR DIRECTIONAL (VD) ® COMMONS PYLON ICPI �SIGN TYPE — SIGN NUMBER Owner. DeBartolo Properties Management, Inc. En"nuental Graphics: e"W"warn . anm.uxeaa s 401,-- AGde Atinua. Go 30Wa 1 11 N7� t tea 3 ttb 11. CP i..i. T� .. + E. Brown/S. lime/D. Park SITE SIGNAGE LOCATION PLAN un 1 1 AS NOIFO 31% 10, A7�m � in N Q.1 \■ 0 PLAN VIEW SCALE: are' - V - D' FRONT ELEVATION SCALE- 3f8' - I' - T T B' TYP SUGGESTED METER LOCATION Z•. • TYp Ir -0• fie\ ■ia AM■ L ■ INDIAN I'VE !'ng®rh:.LC' . M A L L �am0■.� f" ■n U ■i 1 119 UPLIGHTS TO WASH COLUMNS IBY OTHERS) — -- UPLIGHTS TO WASH SIGN FACE (BY OTHERS) -- ADOGUIN STONEWARES TILE IBY OTHERS) % EQUAL PERCENTAGES OF THREE AOOQUIN COLORS: ORANGE, ANTIQUE BEIGE AND CAFE 2 INSET GLASS TILE MEDALLION (SEE PAGE 03 FOR COLORSI �— PIN -MOUNTED REVERSE CHANNEL LETTERSET UPUT FROM PLANTER BELOW (SEE PAGE 0.3 FOR COLORS) SAHARA ROSE LIMESTONE FACE WITH HONED FINISH (BY OTHERS) PLANTER WITH UPLIGHTS (BY OTHERS) UPLIGHTS TO WASH THE COLUMNS IBY OTHERS) AOOQUIN STONEWARES TILE IBY OTHERS) EOUALPERCENTAGES OF THREE i ADOOUIN COLORS: MAGENTA, BLACK j AND CAFE 2 NOTE: MOCKUP SAMPLES OF TILE MIXTURES TO BE APPROVED BY COPELAND HIRTHLER Owner. DeBartolo Properties Management. Inc. Emr(romnealal Graphics: d&sW. cuma 91c IOlrma 6cale Nfame. Ge WM I 111695 2 3196 livid Park__.. _ SarahHlne _ ___ _ MAIN ENTRANCE MONUMENT SIGN �iuv AS NOT10 ;4% C� i I] 1 G 0 z [l bP SP (' :*-UL --------- 6 PLAN READERBOARD SCALE: 1/4• = V- 0• 14'-3• VISIRI F SIGN FACE INDIANCEK MAL L FRONT ELEVATION READERBOARD SCALE: 1/4'. V - 0' 1rei/: r.lo• ��_ ® BORDER OF AND RETURN PTDEO TO MATCH CES PMS 469C i's mW D0117 FORGET! SPECS: DAKTRONICS STARBURSTO COLOR 1500 SERIES OUTDOOR INCAN DETAIL AT READERBOARD MODELE,3296-1 SOCPLAY. CINET IFRONT AND SIDE ELEVATIONS) AAPPROXIMATENSIONSARE SCALE: 1/8• =1' - 0 - FIXTURES (BY OTHERS) LOCATED IN THE PLANTER BELOW TO UPLIGHT COLUMNS TWO ACCESS PANELS WITH COUNTERSUNK MECH. FASTENERS AS REO., PTD. TO MATCH. FABRICATOR TO BE RESPONSIBLE FOR DIMENSIONS AND WATERSEAL INTERNALLY ILLUMINATED INDIAN RIVER COMMONS LOGO. ILLUMINATED WITH COLORED NEON. REFER TO PAGE .03 INSET GLASS TIE MEDALLION (SEE PAGE 0.3 FOR COLORS) e SIDE ELEVATION READERBOARD SCALE: 1/4• = i' - 0• Owner: DeBartolo Properdes Management Inc. Envbonmantal Orephks: Ca dNWH"AN dnW • em 'U'ns 406romdC.cb ft"o. W 30301 1 �— ADOaUINOTHERSI - ■16i ■ 0totoADOQUINCOLORS:ORANGE,ATIQUE EQUAL PERCETAGES OF TILE REEY so BEIGE AND CAFE 2 ■ Qa — ELECTRONIC READER BOARD B■. se�■u — 1/9'ALUMINUM SIGN CABINET, PTO. TO MATCH PMS 726C (LLLSIDES) s�6 A SGS a – INSET JUNCTION BOX IBY OTHERS) PLANTER WITH UPLIGHTS TO WASH ■Ir i� COLUMNS AND SIGN FACE 01aM00, PLATER TO BERM UP IN CENTER ADOQUIN STONEWARES TIE (BY OTHERS) - am 0 EQUAL PERCENTAGES OF THREE URINE 1111 a COLORS: MAGENTA, BLACK ANU ~'e1�i1 I NOTE: MOCKUP SAMPLES OF TILE MIXTURES APPROVED 8Y COPELAND HIRTH ER V E: SEE PAGE 52 FOR TYPICAL _ P e SIDE ELEVATION READERBOARD SCALE: 1/4• = i' - 0• Owner: DeBartolo Properdes Management Inc. Envbonmantal Orephks: Ca dNWH"AN dnW • em 'U'ns 406romdC.cb ft"o. W 30301 1 II 1696 ! in96 3 3416 gav_id Park Sarah Haie READERBOARD 34H 19 u Nona ~3496 mm. t` N r� u 0 4� Ir y�.lr �Slr ir�•`irr'.r°IL .r' �ir;�'Lr�'-r�Hrvi,■I�Ler rya. r1. 1Uk I 5- p" 113 f��.. a.�}.'►��1.e: "1.� a, .a_„r 'r ■,Jrr�r.r.,�.,. �,r' PLAN MOVIE PYLON SCALE: 1/4* =1' - R 14' -3 -VISIBLE SIGN FACE FRONT ELEVATION MOVIE PYLON SCALE: 1p' = V- 0' - FIXTURES (BY OTHERS) LOCATED IN THE PLANTER BELOW TO UPUGHT COLUMNS TWO ACCESS PANELS WITH COUNTERSUNK MECH. FASTENERS AS RED., PTD. TO MATCH. FABRICATOR TO BE RESPONSIBLE FOR DIMENSIONS AND WATERSEAL A INTERNALLY ILLUMINATED 12 INDIAN RIVER COMMONS LOGO. ILLUMINATED WITH COLORED NEON. REFER TO PAGE .03 INSET GLASS TILE MEDALLION B (SEE PAGE 0.3 FOR COLORS) AOOGUIN STONEWARES TILE (BY OTHERSI EQUAL PERCENTAGES OF THREE ADOQUIN COLORS: ORANGE, ANTIQUE BEIGE AND CAFE 2 UB' ALUMINUM SIGN CABINET, PTO. TO MATCH PMS 726C (ALL SIDES) INTERNALLY ILLUMINATED BOX FOR THEATRE AND RESTAURANTS INSET JUNCTION BOX (BY OTHERSI PLANTER WITH UPLIGHTS TO WASH COLUMNS AND SIGN FACE PLANTER TO BURM UP IN CENTER AOOQUIN STONEWARM TILE (BY OTHERS) - EQUAL PERCENTAGES OF THREE ADOGUIN COLORS: MAGENTA, BLACK AND CAFE 2 NOTE MOCKUP SAMPLES OF TILE MIXTURES TO BE APPROVED BY COPELAND HIRTHLER NOTE SEE PAGE 52 FOR TYPICAL PYLON DETAILS r{ i ..T —T Gtr. r w ■ . ■Bn -C° "I Barr ��, e ■rp r i rr wr:• r;s Bel" ■ KrK% =�=r� rsor • SIDE ELEVATION MOVIE PYLON SCALE: 1/4' = 1'- 0- C� Z A F•'�I Owner. DeBartolo Properties Management Inc. Emimmnentai Graphics: Cabal Albmder dnw - commmhab" M me,ea3O.iD9 1 MGM 2 21999 3 22096 1 3496 David Park Sarah Huie MOVIE PYLON 00 N �l 1 1 L -- FIXTURES IBYOTHERSI LOCATED PLANTER BELOW IGHT THE REVERSE IEL LOGO ABOVE PLAN SECONDARY ENTRANCE SIGN SCALE 3ff - V- D' 18 LOCATION SECONDARY ENTRANCE SIGN SCALE: 1/4 =1' - 0- OTHERSI- INSET GLASS TILE MEDALLION ISEE PAGE 03 FOR COLORS) PIN -MOUNTED REVERSE CHANNEL LETTERSET UPLIT FROM PLANTER BELOW ISEE PAGE 03 FOR COLORS) SAHARA ROSE LIMESTONE FACE WITH HONED FINISH (BY OTHERS) PLANTER WITH UPUGHTS (BY OTHERS) TO WASH LETTERSET AND COLUMNS AOOQUIN STONEWARES TILE (BY OTHERSI - 7' 0- Y-11/2' 1'-g 2'-71/2' FRONT ELEVATION SECONDARY ENTRANCE SIGN SCALE: 318 =1' • 0 SIDE ELEVATION SECONDARY ENTRANCE SIGN SCALE: 3W =1' - 0- David Park_ __ Sarah HWe SECONDARY GNU ENTRANCE SIGNAGE �r 15 ";S UnTIO t' 14% N MUM W: z� A z PRO Owner. DeBartolo Properties Management Inc. i Emfiomnenlal Graphics: copefWA wig d"p-CMAR aamm dl VUWr WC.w N Aftna. Ga 30M �M�nww r o�w M David Park_ __ Sarah HWe SECONDARY ENTRANCE SIGNAGE 15 ";S UnTIO t' 14% N MUM �a pn' 0 0 d 1 e ® 1 .o�cs rx.:, . 11A r- UPUGHTS IN LANDSCAPING PLAN VEHICULAR DIRECTIONAL SCALE: 1/2' = 1' - IT 4' b GLASS TILE MEDALLION s ALUMINUM SIGN CABINET PTD. !n TO MATCH PMS 259 3M WHITE SHEETING LETTERS/ARROWS CTIV b. r: ADOGUIN STONEWARES TILE (BY L b, EQUAL PERCENTAGES OF THREE ADOOUIN COLORS: MAGENTA, BLA AND CAFE 2 b. . ; NOTE. MOCKUP SAMPLES OF TILE MIXTURES TO BE APPROVED BY COPELAND HIRTHLER I. UPLIGHTS IN LANDSCAPING .■� FRONT ELEVATION VEHICULAR DIRECTIONAL SCALE I/2-=1' - 0' 1'-4' 31/2 o- j�311C SIDE ELEVATION VEHICULAR DIRECTIONAL SCALE: 1/2'. V - 0' Owner: DeBartolo Properties Management, Inc. Emtkonmental Graphics � tc0el.mwNde, d -p. cmmim awn 10Ir.Ypod CiNe Afta. Gr 30.'109 r nww r rrw raw tour I _ David Park Sarah Heie i VEHICULAR DIRECTIONAL I 117 Ulm� ir3f O Cl 1 1 \O CN 1 1 D —" FIXTURES IBY OTHERS) LOCATED IN THE PLANTER BELOW TO UPUGHT COLUMNS PLANCOMMONS PYLON TWO ACCESS PANELS WITH COUNTERSUNK SCALE: 114"- 1' - IT MECH. FASTENERS AS RED., PTO. TO MATCH. FABRICATOR TO BE RESPONSIBLE FOR 14'-3' VISIBLE SIGN FACE DIMENSIONS AND WATERSEAL INTERNALLY ILLUMINATED INDIAN RIVER COMMONS LOGO. ■ ILLUMINATED WITH COLORED NEON. ■ ■ u .a REFER TO PAGE .03 ■an a INDIAN 1 V E p �e i B ►SEE PAGE 03 FOR COLORS)INSET GLASS TILE ON *� �!4 �\ S u P to in @ pan / ' AOOQUIN STONEWARES TILE IBY OTHERS) - o R I C O M M O N S i. _ EQUAL PERCENTAGES OF THREE C si■r G 6M11. �a. rrruuu ADOQUIN COLORS: ORANGE, ANTIQUE �. c�_ �p 1 ��� ■.16 ■ BEIGE AND CAFE 2 �■ ■ t.� OV"In" c a my a � '' 1I8' ALUMINUM SIGN CABINET, a`1 �i°sa " °■.w r c ■l+a / PTO. TO MATCH PMS 728C (ALL SIDESI .�a - ■ po ` ia' ■ as h ■� INTERNALLY ILLUMINATED BOX �� a � ! sE� .�s7�e rr cr!B FOR MAJOR TENANTS gpj- low II n a vg. �f INSET JUNCTION BOX IBY OTHERS) �6•pei ,�, ■ sQ�. willin COLUMNS AND PLANTER WITH SIGNUPLIGHTS TO WASHCE -e8. Q[ ■�� ���¢�� / PLANTER TO BURM UP IN CENTER ■ We e Sa a s a ADOGUIN STONEWARES TILE IBY OTHERS) - e t. ■�� eBi r EQUAL PERCENTAGES OF THREE �. a ��I! r■� AND CAIN COLORS: MAGENTA, BLACK "�� ■ fo a r �a % NOTE: MOCKUP SAMPLES OF TILE aRF it [ MIXTURES TO BE APPROVED BY IL ._ii COPELAND HIRTHLER - ? g� NOTE: SEE PAGE 52 FOR TYPICAL �. . �.. L!._' �e��� _ __� _ �. ■ __ PYLON DETAILS i ■ FRONT ELEVATION COMMONS PYLON SCALE: 1/4'. V. Cr SIDE ELEVATION COMMONS PYLON SCALE: 1/4' =1 -(r i W .� J z� A Owner: t0IDeBartolo Properties Management Inc. Environ venial Graphics: I da"•cwam jtwu Atlml•, G• fame 1 II166 f f 19. ti. 7 1196 .. 1 fn961comumuRImall i David Part S84 Huie WORN RIVER COMMONS PYLON ri M kr..) on GO 1 BOOK X97 f1't'E'8,'-Sfi In response to Chairman Adams' inquiry, Director Boling explained in detail the provision in the ordinance concerning the reduction of size of signs which allows for more signs. Commissioner Macht and Commissioner Eggert differed in their recollection of how the pending ordinance doctrine was to apply in this instance. A lengthy discussion ensued and Director Boling advised that the pending ordinance doctrine is already in effect and staff is calling it the "Interim SR 60 Plan". Director Boling specified the four elements that were considered under the pending ordinance doctrine are landscaping along SR 60, foundation plantings along the building, monument -style signs for outparcels, and architecture. It was determined that there was no need to vote on the pending ordinance issue in this instance as it had been previously settled. (April 9, 1996) Community Development Director Bob Keating interjected that the issue to be brought back (as to whether or not to apply any corridor plan criteria) will be in connection to South US 1 and other entrance areas. In response to Commissioner Macht's inquiry about landscaping around the signs, Director Boling advised that what is in the drawings is what the developer will be held to. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously approved the proposed package for free-standing signs for the entire Indian River Mall project (includes Indian River Mall, Indian River Commons shopping center, outparcels), as presented by staff. (CLERK'S NOTE: At this time, Chairman Adams noted that Employee David Krietzky was in the Chambers and called him forward to present a certificate and check for his suggestion concerning overtime. See page 3 of minutes.) 32 April 23, 1996 177 INDUSTRIAL UTILITY DEPOSITS - ECONOMIC INCENTIVE FOR TARGETED INDUSTRY BUSINESSES Community Development Director Bob Keating advised that staff originally was recommending waiving utility deposits as one of the economic incentives on today's agenda; however, they are .now recommending that the Board establish a policy to guarantee industrial utility deposits for targeted industries. He then reviewed a Memorandum of April 12, 1996: TO: James E. Chandler DATE: April 12, 1996 County Administrator DE TMENT HEAD CON CE OF Robert M. Kea in , AICP Community Develop ent D rector THROUGH: Sasan Rohani, AICP 5 �- Chief, Long -Range Planning FROM: Douglas A. Kangur O - - Economic Development Planner RE: Consideration of establishing a policy -of waiving industrial utility deposits It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 23, 1996 DESCRIPTION AND CONDITIONS In an effort to attract new industrial businesses to the county, Indian River County, in 1995, adopted an Economic Development Strategy Plan. That plan addresses .specific issues concerning economic development in the county. Strategic Actions 3.4 and 3.5 of the plan were established in ah attempt to relieve some of the financial burdens that a new industrial company would encounter when establishing a business in the county. Strategic Action 3.4 states: By December 1995, the county will consider amending its ordinances to waive deposits for water and sewer for creditworthy industrial customers with a five (5) year good credit history with their previous utility providers. Strategic Action 3.5 states: By December 1995, the county will coordinate with the City of Vero Beach and Florida Power and Light to determine if they are willing to consider offering the same incentive of waiving deposits for electric service for creditworthy industrial customers with a five (5) year good credit history with their previous utility providers. On November 28, 1995, the Economic Development Council recommended that the Board of County Commissioners approve deletion of Strategic Action 3.5 from the county's Economic Development Strategy Plan. 33 April 23, 1996 Book .97 PAv 887 Boa 7, fta On March 26, 1996, the Economic Development Council reviewed a staff report on the subject of utility deposits and unanimously recommended that the Board of County Commissioners direct staff to establish a program to guarantee payment of utility deposits for new or expanding industrial and -target industry businesses. • Present Situation At the present time, all utility service providers in the county (Indian River County, the City of Vero Beach, and FPL) require some form of a security deposit from new customers to ensure that these new customers will pay their utility bills in a timely manner. The three utility providers in the county apply the same utility deposit standards. For new commercially metered electricity service, Florida Power and Light requires a deposit approximately equal to the estimated electricity charge for two months of service. FPL requires that new service accounts pay this deposit prior to service hook-up. FPL, however, will waive this deposit requirement in lieu of the new customer providing either: 1) A bank letter of credit, -OR- 2) A surety bond of deposit These two options can be utilized as alternatives to paying the required deposits. 1) Bank letter of credit: Florida Power and Light will accept a bank issued irrevocable letter of credit instead of cash required for a utility deposit. A letter of credit generally costs 1% of the total amount covered and is renewed annually. Since commercially metered account deposits are refundable only upon termination of the utility service, the purchaser of the letter must pay the cost of the letter each year that the letter remains in force. Typically, the purchaser must provide the issue of the letter with some form of collateral equal to or greater than the liability amount covered by the letter. Liquid assets such as stocks, bonds and CD's are generally used as collateral to cover the amount of liability. Bank issued letters of credit are usually feasible only if the coverage is greater than $5,000. For less than $5,000, letters of credit are not feasible because of the costs involved and processing time. 2) Surety bond of deposit: A surety bond (or performance bond) of deposit can also be utilized as a waiver of FPL's required service deposits. Generally, a surety bond is used by a new customer who has an electricity intensive operation in which the customer's monthly electric bills are usually in the 1000's of dollars. A surety bond would not be an effective alternative for a company with little electricity usage per month. A surety bond costs approximately $20 per $1000 dollars of liability coverage, with a $100 minimum cost. 34 April 23, 1996 The process involved with using a surety bond in lieu of deposit is: • A new customer must pay the required deposit first, • The customer must make FPL aware of his intentions to utilize a surety bond to replace his deposit, • FPL will then send an application requesting information to the agency issuing the bond, • The agency will then send the completed application back to FPL along with the bond, • FPL will then accept or reject the bond; if accepted, the customer's deposit will be refunded. A surety bond can be obtained through an insurance company. Not all insurance companies, however, can provide surety bonds; only insurance companies which carry general liability insurance coverage can provide surety bonds. In order to obtain a surety bond from an insurance company, a company seeking a bond must provide a financial statement of the company to the bonding agency, and submit an application. The application for the use of a surety bond can be obtained from the utility company accepting the bond instead of a cash deposit. Florida Power and Light has a specific application it uses when a company chooses to use a surety bond. The City of Vero Beach's deposit requirements for the provision of electricity are the same as FPL's. The county deposit requirement for water and sewer is $50 per equivalent residential unit (ERU). Both the city and the county will accept either a bank letter of credit or a surety bond in lieu -of cash for the required deposit. Analysis At present, the City of Vero Beach, the County's Utility Department and Florida Power and Light will not waive their deposit requirements for commercially metered accounts, regardless of past credit history. Staff coordination with Florida Power and Light indicated that FPL does not waive required commercial electricity service deposits in any jurisdiction within the state. The deposit requirement can be satisfied only upon a cash payment, the submittal of a bank issued letter of credit, or the submittal of a secured. surety bond issued by an insurance company. According to all three utility providers, these deposit requirements are unlikely to change, due to the financial instability that commercial accounts have demonstrated in the past. To be economically feasible, a surety bond or bank letter of credit can be used only if the deposit requirement is greater than $5,000. Industrial utility customers with a utility deposit requirement of less than $5,000 will have to pay their utility deposit in cash. Since surety bond and letter of credit options exist with respect to utility deposit for large utility users, this analysis concentrates on commercial utility deposit requirements of less than $5,000. The County Utility Department charges commercial customers $50 per ERU for either water service or sewer service. The overwhelming majority of commercially metered utility customers are required to purchase 1 ERU for either water or sewer. With one ERU, a customer would be required to pay a $100 deposit for utility service, if both water and sewer are available. 35 April 23, 1996 For most commercially metered utility customers, utility deposit requirements are less than $1,000. According to county records, the average commercial utility deposit required by the Utilities Department in 1994-95 was $219.93 for both water and sewer. Of the 245 new commercially metered water utility customers in 1994 and the 198 new commercially metered sewer customers in 1995, only 5 required a deposit in excess of $1,000. These utility deposit requirements are determined by. the county Utilities Department, based on the number of Equivalent Residential Units (ERU's) applicable to a business. An example of a commercially metered industrial customer is Orca Yachts, Inc. Based on Orca Yachts' estimated combined monthly water and sewer bill of $800 (1 ERU per 5 employees, 40 estimated employees = 8 ERU's x $50 per ERU for each county service x 2 for both county services = $800 estimated combined water and sewer total monthly utility bill), the required utility deposit was $1,600 for county water and sewer services. If the county on an annual basis could attract 5 such businesses with about 200 new employees, the total amount of the deposit needed to be guaranteed would be approximately.5 x $1,600, or $8,000 per year. The county's total subsidy would be $40 per new employee. As indicated, the average commercially metered utility deposit required by the County's Utility Department is much less than the $5,000 deposit threshold needed to make a surety bond or a bank letter of credit feasible. In fact, the amount is low enough to make it one of the less significant costs that a new business will incur. To determine if utility deposit.waivers are used regionally as an economic development incentive, St. Lucie, Martin, and Brevard Counties were surveyed. Based upon that survey, it was found that no utility company in these counties waives utility deposits for commercially metered accounts. Staff, through coordination with the county's Utility Department, Attorney's Office, and Budget Office, determined that the utility deposit requirement could not be waived. To eliminate the utility deposit cost, the deposit must be provided from another source. Consequently, it was determined that the county would have to pay or guarantee the deposit amount, if the county wanted to eliminate utility deposits as an economic development incentive. Furthermore, it was determined that any such utility deposit economic development incentive would apply only to county water and sewer utilities. Although the utility deposit waiver would not be a significant economic development incentive, it is an alternative that the county could pursue. To do so, however, would require that, instead of a utility waiving its deposit requirement, the county would have to guarantee the payment of the deposit in case of default. This would require no_payment of the deposit; instead the county would agree to pay the deposit amount if the industry defaulted. • Risk If the county -guaranteed the required deposit of an industrial customer and, if that customer were to default, the county would be responsible for any past due payments that the industrial customer may have accrued. For one customer, this would not be a significant amount, but the cumulative amount for the county could be substantial. 36 April 23, 1996 According to Indian River County Ordinance 91-9, which governs utility operations, the Utility Department is required to discontinue water and sewer service if a utility bill is not paid in full within 30 days past the bill's due date. In addition to the amount due on the bill, a $2 penalty plus 1.5 percent interest on the unpaid balance is added. Therefore, the county's risk, for larger industrial customers could be significant. Even though utility deposit requirements of recent industrial customers have not been high, the county can expect more industrial customers with higher utility deposit requirements if its economic development program is successful. To limit its exposure, the county could put a cap on the amount of the deposit that it would guarantee. A cap on the utility deposit should be considerably more than recent customers have paid, but not so high as to significantly affect the county's budget. An appropriate amount could be $5,000. • Program Characteristics The county could establish a program to guarantee county utility (county water and/or sewer) deposits for businesses meeting all of the following requirements. Instead of paying the deposit amounts up front, the county would pledge funds that can be drawn upon when necessary. • An establishment classified according to the Standard Industrial Classification (SIC) Manual as Manufacturing (SIC codes 20 through 39), or an establishment included on the county's target industries list, and • a business having a 57year good credit history with its previous utility provider, and • a business with a utility deposit requirement of less than $5,000. For businesses having a utility deposit requirement in excess of $5,000, the county would pay up to $5,000. Staff and the Economic Development Council recommend that the Board of County Commissioners direct staff to establish a program, as outlined above, to guarantee payment of utility deposits for creditworthy industrial and target industry businesses Commissioner Tippin wanted to level the playing field with competing neighboring counties, but he wanted assurance that none of them offer this particular incentive. He also expressed concern that all of the incentives could add up to too great a cost. Director Keating advised that staff had been unable to find any other county offering this particular incentive. Commissioner Eggert felt that this was low risk and could attract attention by reflecting a cooperative attitude. She felt, in spite of our wonderful quality of life, that Indian River County 37 April 23, 1996 97`- �A.cE 891 L— BOOK - 97 ac,18 still has some tough battles with neighboring counties to attract manufacturing. Commissioner Macht received assurance from Commissioner Eggert that this incentive was limited to industrial and not retail business. He also asked the funding source in case of default. Administrator Chandler advised that initally funds to cover a default would come from general fund contingencies. He did not foresee the likelihood of a strong potential for major expense in any given year; however, if that proved incorrect, it would be a budget line item each year. Chairman Adams advised she was unable to support this item as she felt that a utility deposit is not a great deterrent for a business. Her greater concern was for families trying to move into a house and coming up with a deposit. Also, she was not in favor of using general fund contingencies. She felt the dollars were not significant to induce an industry to come to the County. Commissioner Bird maintained that this small incentive was part of a package which will be helpful to those trying to impress and attract the industries. He believed the County has to send a very positive message and felt the benefits of this measure outweigh the risk. Commissioner Macht agreed with Commissioner Bird's comments and called this a gesture to convey the idea that the County welcomes new business. He recognized the problem residential customers face in giving deposits, but felt it was partly because the community does not have a good cross-section of employment opportunities. He maintained everything possible needs to be done to attract industries that will employ skilled and semi -skilled workers which will increase their ability to contribute to the community. Commissioner Macht also thought that it was time to look at providing enough funds to the Economic Development Council, or some other organizations, to actively solicit appropriate industries. Commissioner Eggert. commented that the tax base needs to be broadened to include a better balance between industry/commercial and residential. Commissioner Macht cited the recent battle with Indian River Memorial Hospital concerning costs of indigent care. He felt it was related to unhealthy employment conditions in the county and that something needed to be done. 38 April 23, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board, by a vote of 4-1 (Chairman Adams opposed) directed staff to establish a program, to guarantee payment of utility deposits for 'creditworthy industrial and target industry -businesses, as set out,in staff's recommendation. CONSIDERATION OF TAX ABATEMENT PROGRAM Withdrawn. FINANCING TRAFFIC EMPACT FEES Community Development Director Bob Keating reviewed a Memorandum of April 8, 1996: TO: James E. Chandler County Administrator DE TMENT HEAD CONCURRENCE Robert k. Keating, Al THROUGH: Sasan Rohani, AICP S'. , Chief, Long -Range Planning FROM: Douglas A. Kangur X Economic Development Planner DATE: April 8, 1996 SUBJECT: FINANCING TRAFFIC IMPACT FEES (TIF's) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 23, 1996. DESCRIPTION & CONDITIONS: At its economic development workshop on May 18, 1995, the Board of County Commissioners directed staff to initiate various economic development activities. Among those activities was establishment of a process to finance traffic impact fees over a five to ten year period. In accordance with the Board's direction, planning staff coordinated with both the Budget Office and Public Works Department. Based upon the County Utility Department's impact fee financing procedure, staff developed a proposed traffic impact fee financing mechanism. On March 26, 1996, the Economic Development Council -reviewed staff's report and unanimously recommended that the Board of County Commissioners approve the proposed traffic impact -fee financing procedure. 39 April 23, 1996 BooK 97 FAGE' 893 ox PAGE8,94, 7 •Utility Impact Fee Financing Mechanism For several years, the County utilities department has provided for the financing of water and sewer impact fees. As structured, this process allows for ten year financing of utility impact fees associated with county built projects and existing homes. Utility impact fees associated with other types of projects may be financed over five years. For utility impact fee financing, the interest rate charged is currently 8%2%. This rate is adjusted annually by the Board of County Commissioners. The debt is amortized over the financed period, with monthly billing by the Utilities Departmem To secure the debt, a lien is recorded against the real property receiving the utility service, and this lien is subordinate to any bank lien on the property. To ensure that adequate revenue is available to make the capital improvements funded by water and sewer impact fees, the utilities department . has a three tier approach. First, interfund borrowing is used to fund capital improvements. Second, a bond issue backed by impact fee assessments is used if interfund borrowing is not sufficient. The third tier involves doing a larger bond issue, pledging impact fee revenue as well as some other revenue source. Since establishing its impact fee financing mechanism, the utilities department has financed $4,567,927 of impact fees. ANALYSIS For economic development purposes, allowing for the financing of traffic impact fees provides two benefits. First, it enhances the County's pro -economic development image. Second, it provides developers with another financing option for part of their project cost. Traffic impact fees, however, differ significantly from water and sewer impact fees. These differences not only affect how the financing is administered, but also affect the usefulness of financing these fees. Generally, TIF financing will be less beneficial to applicants than water and sewer impact fee financing. • Developer Issues Because traffic impact fees are almost always associated with new construction, TIF financing may have limited benefits for developers. Since new construction generally requires financing and since financial institutions consider financed impact fees as debt in calculating a maximum loan to value ratio, financing impact fees usually reduces the amount of money that a developer can borrow by the amount of the financed TIF. An exception where TIF financing would be beneficial is where a developer has no other debt on his project. Water and sewer impact fees, however, are different, since these fees are often financed for existing projects that are retrofitted with County water and sewer. In this case, County financing is beneficial because it provides a source of financing without affecting any other loans. • Counil Issues There are several County related issues that must be considered in financing traffic impact fees. These include TIF district requirements, cash flow, default, and exposure. • TIF District Limitation As structured, the County's traffic impact fee ordinance establishes nine TIF benefit districts. The ordinance requires that all revenues collected in a district be spent in that district. This contrasts with water and sewer impact fees which are countywide in scope. 40 April 23, 1996 M M M As a result of the traffic impact fee district system, TIF revenue is divided into smaller pots, making cash flow a problem. Since many road projects are $1 million plus jobs, it takes time to accumulate that much money in a district. Financing impact fees would reduce the growth of the districts' fund balances, and could delay necessary roadway projects. With total annual TIF revenue of about $2.0 million divided among the nine benefit districts, bonding is not a viable option because of the low dollar amounts. • Cash Flow A major issue associated with TIF financing is whether spreading TIF payments over time while charging interest on the unpaid balance will significantly reduce revenue in the various TIF benefit districts, resulting in road construction project delays. In cases where large development projects finance impact fees, that could occur. TIF financing amounts would be insufficient to justify the cost of issuing bonds to raise the revenues deferred by financing TIF's. There is, however, the opportunity to use interfund borrowing to address the cash flow issue. Through this process, money is borrowed from some County fund and used for road construction projects in benefit districts where TIF's have been financed. The borrowed money is then repaid .with interest from TIF financing payments. Interfund borrowing may not be possible, however, if other county funds do not have sufficient balances, or if the money available from those funds is not available for a sufficient length of time. One other option for interfund borrowing would exist if the Board of County Commissioners agreed to impose the 9th cent gas tax. With an estimated $558,839 in revenue generated each year, the 9th cent gas tax could serve as a source for interfimd borrowing. This would involve the traffic impact fee fund borrowing 9th cent gas tax revenue to make up the shortfall caused by TIF financing. The 9th cent gas tax fund would then be repaid with interest from TIF financing payments. Although this option would resolve traffic impact fee fund cash flow problems, it could result in delays for 9th cent gas tax funded projects. • Default Another TIF financing concern relates to the implications of default of a TIF financing borrower. Considering the number of development projects in the County which have gone into foreclosure in the past decade, default is a definite possibility. According to the county attorney's office, default of a standard TIF financing agreement could result in loss of the financed traffic impact fees. Because TIF financing liens would not have priority over any previous recorded liens, standard TIF financing liens usually will not be sufficient to secure the County, based on the property value of the development project having TIF's financed. There are, however, ways to address the default issue to some extent. By requiring that a TIF financing lien be a first lien and by not allowing the lien to be subordinated to other liens, the County could enhance its prospects for repayment in case of default. With a default, the county would incur foreclosure costs in protecting its interests, and these costs would have to be covered. Another safeguard would be to prohibit transfer or assignment of the TIF financing repayment obligation. Even with these options, however, there is still risk of loss from federal tax liens or bankruptcy. If a loss does occur, the revenue lost must be made up by the general fund, since the traffic impact fee trust fund cannot lose money. 41 April 23, 1996 booK 97 PAGE, 895 1�oou 97A;ESE896 • Exposure A major TIF financing concern is whether a large development project needing substantial roadway improvements can finance its TIF, while the County constructs the road improvements. In such cases, the risk of default and its adverse impacts on the County are increased even more. The County's total exposure for financing TIF's can be limited by restricting TIF financing eligibility. Since the principal reason for the County financing TIF's is to promote economic development, limiting TIF financing to industrial businesses with Standard Industrial Codes 20 through 39, as well as the county's target industries would provide a viable incentive while limiting the County's TIF financing exposure. Even with this limitation, TIF financing could still be an economic development incentive for those industries. • Local Government Survey Although the TIF financing initiative came about because of the County's utility impact fee financing program, staff surveyed other local governments in the state to determine the extent of TIF financing. Through direct contact with nine counties, the Florida League of Cities, and the Florida Association of Counties, staff could not find any local governments which finance traffic impact fees. This may indicate that some of the TIF financing issues addressed herein have caused other local governments not to institute TIF financing. ALTERNATIVES: With TIF financing, there are two principal alternatives. The County can choose either to offer a traffic impact fee financing program, or it can opt not to offer such a program. If the County decides to provide TIF financing,. there is a variety of options available to the County. These range from a conservative, narrowly focused, risk -limited TIF financing program to a more broadly based, inclusive program with added financial risk. While many variations can be structured, the major alternatives involve restricting/not restricting TIF financing eligibility; limiting/not limiting subordination and assignment of TIF liens; and allowing/not allowing interfund borrowing. A conservative, low risk TIF financing program could have the following characteristics. • Allow financing of Traffic Impact Fees only for industrial establishments with two digit SIC codes 20 through 39, as well as the county's target industries. • Do not allow financing of Traffic Impact Fees for non-industrial/non-target businesses; • Require recording of a lien against the benefitting real property. • Require that TIF financing lien be a first lien, prohibit subordination of the TIF lien, prohibit the assignment of the TIF lien without written approval from the Board of County Commissioners, • Allow interfund borrowing by traffic impact fee fund, allow interfund borrowing from 9th cent gas tax fund, if 9th cent gas tax is approved; • Provide for 6 year financing, to correspond to the timeframe in which traffic impact fees must be expended; • Charge interest at the rate established by the Board of County Commissioners; • Require annual payments to retire TIF _ loan; 42 April 23, 1996 M CONCLUSION Any economic development financial incentive will cost the County money. Whether that cost is associated with revenue not received such as in tax abatement or associated with, direct payment of funds, financial incentives have a cost. TIF financing could be a low cost financial incentive. Under the best set of circumstances, the only cost could be added administrative expenses. With financing, however, there is risk, and added risk can result in higher cost. Even more important is the fact that the TIF revenue at risk is economic development related. Because TIF revenue is used to build roads and enhance transportation infrastructure, the funds allow growth and economic development to continue. Losing TIF revenue and delaying roadway construction projects, then, could adversely affect economic development. As with most issues, TIF financing involves tradeoffs. To establish a broad based TIF financing program increases risks: and costs. By limiting the scope of a TIF financing program, risk can be reduced and potential costs lessened. With the parameters identified, the TIF financing program identified above reduces risk and provides a limited economic development incentive. RECOMMENDATION: Staff and the Economic Development Council recommend that the Board of County Commissioners approve a traffic impact fee financing program with the characteristics as identified above. Staff also recommends that the Board of County Commissioners grant TIF financing agreement approval authority to the county administrator or his designee. Commissioner Bird identified three possible scenarios which would exist when trying to entice a new business to come in: lease space already available (no TIF would apply); buy and build (TIF would be a direct benefit to them); and lease/build-to-suit (TIF would benefit the builder) . Only one scenario would surely benefit the targeted industry. He felt it was important that the County protect itself with proper liens. Commissioner Eggert thought there were very few good leasable buildings now for industry. She advised this technique has been requested by a number of different fronts and is one of the main reasons it was brought forward from the Economic Development Council's workshop. It is part of the package and something that will add to the incentive. She thought Brevard County had waived some of its fees for incoming industry. Commissioner Bird indicated that was his point in mentioning the three scenarios. In the build -to -suit scenario, there is a 43 April 23, 1996 nof( 97, PnF 897* . WIN 97 ixESUS deferment of six years, but -how the benefit would be passed on to the tenant (target industry) was another question. Commissioner Macht commented that it would be of immense benefit to an industrial.park and he didn't know if it would work as it has been presented. He thought this might require some fine tuning. Director Keating explained that usually the developer of an industrial park puts in the horizontal improvements and does the platting and, at that time, there would be no impact fees payable. Impact fees would become due if the developer also put up a building on speculation. Chairman Adams indicated her intention to vote in favor of this item as presented. Commissioner Bird thought some kind of criteria should be included for a build -to -suit situation, that it should be tied to a lease to a target industry. Chairman Adams advised that County Attorney Vitunac indicated that could be done. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved a traffic impact fee financing program as outlined in the memorandum, amended to require that the financing of traffic impact fees be tied to the lease of the desired industry, and that the County Administrator, or his designee, be granted TIF financing agreement approval authority, as recommended by staff. CANCELLATION OF LEASE AGREEMENT LOTS 240 25• AND 26, BLOCK 98 FELL SMERE VOLUNTEER AMBULANCE SERVICE The Board reviewed a Memorandum of April 16, 1996: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: April 16, 1996 SUBJECT: Cancellation of Lease Agreement Between Indian River County and the Fellsmere Volunteer Ambulance Service, Inc., for Lots 24, 25, and 26, Block 98 44 April 23, 1996 On December 30, 1995, the Fellsmere Volunteer Ambulance Service, Inc., ceased operations and donated the major part of their assets to Indian River County to ensure the -continuation -of an emergency services station in the northwest part of the County. Since that time the County has staffed the station and utilized the two structures on Lots 24, 25, and 26, Block 98, .Town (now City) of Fellsmere, Florida, which"had prior been used by the Fellsmere Volunteer Ambulance Service under a lease agreement with the County. Staff anticipates Emergency Services Station #10 will be completed and in service by May 1, 1996. At that time, the emergency services personnel assigned to the station will relocate from the existing two structures located on the lots referenced above to the renovated station. Staff will have no further use of the buildings or property after May 1, 1996. RECOMMENDATION: Since the Fellsmere Volunteer Ambulance Service ceased operations earlier as noted above, staff respectfully recommends the Lease Agreement with the service dated December 3, 1991, be canceled so other uses of the buildings and property can be considered by the Board of County Commissioners. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved cancellation of lease so other uses of the buildings and property can be considered, as recommended in the memorandum. CANCELLATION OF LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD LEASE AGREEMENT WITH THE CITY OF FELLSMERE LOTS 24. 25, 26. BLOCK 98 The Board reviewed a Memorandum of April 16, 1996: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director1 Emergency Services DATE: April 16, 1996 SUBJECT: Approval of Lease Agreement Between Indian River County and the City of Fellsmere for Lots 24, 25, and 26, Block 98 The Department of Emergency Services does not plan to utilize the two existing structures located on Lots 24, 25, and 26, Block 98, in the City of Fellsmere after May 1, 1996. The two structures and the property had prior been utilized by the Fellsmere Volunteer CP. April 23, 1996 BOOK 97 PAGE 899 J 60e,K 9 i/ Ambulance Service, Inc., until they ceased operations on December 30, 1995. Since that time, EMS personnel have utilized the structures to continue operations until Station #10 is completed at the end of April. The two buildings are located on the north west corner of Broadway and New York Street adjacent to the renovated emergency services station. In a letter to the Board dated April 5, 1996, Fellsmere Mayor Bob Baker requested that the structures and property noted above be allocated to the City for use as a Community Center or other public purpose. Mayor Baker advised in the letter that the City would seek grants for the restoration of the buildings while keeping in mind the architecture of adjacent structures. RECOMMENDATION: Staff recommends that the Board approve the attached Lease Agreement between Indian River County and the City of Fellsmere for the above referenced lots which includes the structures thereon. Chairman Adams did not understand the need for this lease since the building actually belongs to the City of Fellsmere. County Attorney Vitunac advised it was a matter of policy. Emergency Services Director Doug Wright explained that the original lease shows Blocks 24, 25, and 26, which includes the buildings thereon. Staff is now trying to make it clear, so there won't be an issue in the future about who owns what. Director Wright advised that Emergency Services has no further use for the buildings, and he had no objection if the County wants to convey the property in some other manner. County Attorney Vitunac advised that title could be conveyed to the City of Fellsmere, if they wanted it. Mayor Bob Baker, City of Fellsmere, advised that contractors had looked at the buildings, and, while it will cost the City money to refurbish the buildings, they would like to have title to the property. They would like to open a community center for civic meetings and other city or county functions. Chairman Adams asked for clarification on exactly what would be deeded and if that included the little building in the back, the old vehicle inspection, belongs to the County. County Attorney Vitunac asked for authority to prepare a deed for whatever is necessary to transfer title for this property back to the City of Fellsmere and retain whatever Director Wright needs for his Emergency Services purposes. He suggested the actual 46 April 23, 1996 s � 0 document be brought back on the Consent Agenda at the next meeting for approval, if the Board wished. CONSENSUS was reached that the matter be brought back on the Consent Agenda in two weeks (the next meeting) as suggested by County Attorney Vitunac. SEBASTIAN SEWER LIFT STATION NO. 1 UPGRADE - TIMOTHY ROSE CONTRACTING The Board reviewed a Memorandum of April 12, 1996: DATE: APRIL 12, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRri FROM: TERRANCE G. PINT DIRECTOR OF UTI SERVICES PREPARED WI:LL1_AM F AND STAFFED CAPITA TS ENGINEER BY: DEPAR' C OF UTILITY SERVICES SUBJECT: SEBASTIAN SEWER LIFT STATION NO. 1 UPGRADE INDIAN RIVER COUNTY PROJECT NO. IIS -96 -07 -CS BACKGROUND On September 30, 1995, Indian River County took over ownership of the Sebastian Utilities. As part of this acquisition system upgrades were required. One such upgrade is the conversion of Lift Station No. 1, currently a wet well/dry well installation, to a standard Indian River County wet well design. This is necessary for safety concerns associated with the confined space entry requirements in the dry well portion of the pumping station and secondly, due to major equipment failures as a result of age. ANALYSIS The Department of Utility Services has designed the conversion of this pump station in-house, and has acquired bids for the materials and construction. Projected project costs are as follow: ** PUMPS $11,326.00 * Piping (misc.) 7,216.00 Construction 14,030.00 ** RTU 5,640.00 Contingency (to be 3.000.00 authorized by Utilities Director) Total $41,212.00 51FI April 23, 1996 6oJK 9 7 �f 9,01 f * Annual bid contract via P.O. ** County Standards requirement (sole source) The construction portion of the project was arrived at through a quote system from local contractors, the results of which are as follows: 1. Timothy Rose Contracting 14,030.00 2. A & R Utilities 16,850.00 3. Treasure Coast Contracting 24,830.00 Funding for this work will be from the Renewl and Replacement Fund in Fund 471. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the above project as presented and award the construction to Timothy Rose Contracting. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the project as presented and awarded the construction to Timothy Rose Contracting, in the amount of $14,030.00, as recommended in the memorandum. CONTRACT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN RECEIVED NORTH BEACH WASTEWATER REFUNT, FORCE MAIN, WATER MAIN - REJECT BIDS: AU'T'HORIZE REDESIGN BY MASTELLER AND MOLER The Board reviewed a Memorandum of April 11, 1996: DATE: APRIL 11, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. P DIRECTOR ILI VICES PREPARED WILLIAM MCCAIN AND STAFFED CAPITAL CTS ENGINEER BY: DE F UTILITY SERVICES SUBJECT: NORTH BEACH WASTEWATER REPUMP, FORCE MAIN, WATER MAIN, BID AND DESIGN IIP -DATE INDIAN RIVER COUNTY PROJECT NO. UW -94 -22 -CS AND UW -95 -22 -DS 48 April 23, 1996 ® ® s BACKGROUND On February 22, 1996, the Utilities Department received bids for the aforementioned project. The plans had been modified for this bid based on comments from the Public Works Department. However, as a result of ongoing negotiations with the Department of Transportation (D.O.T.) for takeover of these bridges, the Public Works Department provided staff with additional D.O.T. requirements on the day of the bid which now need to be addressed. Also for various reasons the bids received were approximately $390,000.00 over the engineers estimate. For the above reasons, we are now before the Board to reject the bids and redesign portions of the project to meet the additional D.O.T. requirements and reduce project costs. ANALYSIS The magnitude of the D.O.T. changes is quite substantial and bids were already higher than the project budget. With this in mind, we must now re-engineer the bridge crossing as well as providing a much more detailed loading analysis of the bridges. At the same time, we are making additional changes in order to reduce the projects cost. The additional engineering costs are as follows: 1. Masteller and Moler, Inc. 5,680.00 2. Structural and Bridge loading analysis 4.920.00 Total 10,600.00 For details of this work authorization, please see the attached. The bids received for this project are as follows: 1. Martin Paving Company 1,940,861.00 2. Hall Contracting Company 2,096,000.00 3. JoBear, Inc. 2,893,342.60 Based on the aforementioned circumstances surrounding the bid, the attached recommendation from the engineer and concurrence from staff, the Utilities Department wishes to reject all bids and rebid the project after design changes are completed. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached work authorization with Masteller and Moler as presented and reject the current bids on this project as outlined above, while also authorizing staff to rebid the project at a future date. Commissioner Eggert asked. if this was the only way out of this, and Capital Projects Engineer Bill McCain advised that major alterations were required to what staff was originally planning to do. Staff felt they were extensive enough to rebid the project. Staff also identified some items which could be modified in order to reduce costs to come within budget. 49 April 23, 1996 800K ''97 parr'90' Boa 97 f%u 904 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the work authorization as presented by Masteller and Moler, rejected the current bids on the project as outlined in the memorandum, and authorized staff to rebid the project at a future date, as recommended in the memorandum. LETTER/ADDENDUM #3 TO WASTEWATER WORK AUTH. #2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD LURIAS PLAZA, WATER SERVICE LINES REPLACEMENT AND RENEWAL PROTECT - DRIVEWAYS, INC. & DAVIS METER The Board reviewed a Memorandum of April 12, 1996: DATE: April 12, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTILT S CES PREPARED WILLIAM4FUTILITY o,P.E. AND STAFFED CAPITCTS ENGINEER BY: DEPT SERVICES SUBJECT: LURIAS PLAZA, REPLACEMENT AND RENEWAL PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -96 -08 -DS In the last few months we have had several breaks in the water service lines at the southeast building of the Lurias complex. The problems associated with this portion of the complex's distribution are predominantly due to the system's age and as follows; 1) The system main is installed within one foot of the building's footer (i.e., when a blow-out in a service line occurs, the potential exists for undermining of the building) 2) all the service lines are polybutelene and are rapidly degenerating, causing the service blow -outs. -_ ANALYSTS We have reengineered this portion of the water system and are prepared to reconstruct same to eliminate future liabilities. We have assembled a cost for construction with our continuing services contractor, Driveways, Inc., and acquired a material quote from our materials supplier, Davis Meter. The cost associated with this project is as follows: 1) Construction $10,144.80 2) Materials 4,178.37 *3) Contingency 4,000.00 Total S18,323.17 50 April 23, 1996 a � � * Due to the nature of construction (i.e., parking lots paved with many potential unknowns) this cost is higher than what would normally be included and must be authorized by the Utilities Director. Funding for this project will be from the replacement and renewal Fund 471. RlV Vl'll•1llY LL] 1 1 VlY The staff of the Department of Utility Services recommends that -the Board of County Commissioners approve the above project as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the project for construction by Driveways, Inc. in the amount of $10,144.80; materials from Davis Meter in the amount of $4,178.37; and contingency in the amount of $4,000, for a total of $18,323.17, as recommended in the memorandum. WHEN FULLY EXECUTED AND RECEIVED CONTRACTS WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FAIR HOUSING - ANNUAL EEPORTMCOMMENDATIONS The Board reviewed'a Memorandum of March 29, 1996: TO: Board of County Commissioners FROM:(X&/William G. Collins II, Deputy County Attorney/ Fair Housing Administrator DATE: March 29, 1996 RE: Annual Report/Recommendations In order to enhance the likelihood of obtaining funding from the DCA under a Community Development Block Grant program, the Board of County Commissioners on March 14, 1995, adopted Ordinance No. 95-7 which has been incorporated into the Indian River County Code as Chapter 309, Fair Housing. Section 309.05.(1) appoints the Deputy County Attorney as the administrator of the Fair Housing chapter. Among the administrator's duties are to "render to the county commission annual written reports of his activities under the provisions of this chapter along with such comments and recommendations as he may choose to make." (IRC Section 309.05.(2)(f).) Annual Report: I have received no written complaints under the Fair Housing chapter of the county code in the past year. 51 April 23, 1996 Boos 97 !-vF9i L Boa 97 ps.U906 I received one telephone complaint from an individual who wished to rent a single-family home in the City of Vero Beach but was refused by the real estate broker citing to city ordinances which prevent three or more unrelated individuals from living together in a single-family zoning district. This complaint led to dialogue, correspondence, and research with the City Attorney's Office. Our research determined that the county ordinance adopted at the DCA's request was broader than the federal Fair Housing Act or the Florida Fair Housing Act. While the state and federal act prohibit discrimination in housing based on race, color, national origin, religion, sex, familial status, and handicap, the local ordinance also includes as protected classes those discriminated against based on ancestry, marital status, and age. (You may recall during the adoption hearing concerns were expressed regarding the application of this ordinance to housing for the elderly. As a result code section 309.04.(3)h). exempts from operation of the act any person who wishes to restrict sales, rentals, leases, or occupancies to persons over age 55, to the extent allowed by state or federal law.) The term "ancestry" seems redundant of "national origin." The only court case located which discusses "marital status" was County of Dane v. Norman, a Wisconsin Supreme Court case decided in 1993, which held that unrelated individuals living together was a "conduct" not "status"; i.e., the court said marital status was single or married. The county ordinance did not preclude either singles or marrieds from living in a single-family house. It proscribed the conduct of unrelated individuals living together. Recommendation: Amend Chapter 309, Fair Housing, to delete "ancestry, marital status, and age" as protected classes under the ordinance. The current ordinance over -reaches state and federal fair housing acts and potentially could cause unnecessary disputes with other local governments within the county. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously authorized advertising of a public hearing to amend Chapter 309, Fair Housing, to delete "ancestry, marital status, and age" as protected classes under the ordinance, as recommended in the memorandum. INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM The Board reviewed a Memorandum of April 17, 1996: To: Board of County Commissioners From: Fran B. Adams, Chairman Date: April 17, 1996 Re: Indian River Lagoon National Estuary Program The Indian River Lagoon National Estuary Program winds down as we have completed the COMP. The future of the IRLNEP involves 52 April 23, 1996 making the current policy committee, i.e., a Commissioner from each of the Indian River Lagoon counties plus EPA, DEP, etc., an Advisory Committee to the St. Johns River and South Florida Water Management Districts. The Water Management Districts have agreed to oversee the implementation of the CCMP. The attached committee list has been approved by St. Johns and South Florida Water Management District. Because. we are an integral participant in the Indian River Lagoon restoration I am requesting that the Board of County Commissioners adopt this committee as our Lagoon advisor. We can expect, look forward to, and depend on this committee to advise us on lagoon -related matters, i.e., restoration, management, whatever. This group will be a resource in our new direction to restore the Indian River Lagoon. PROPOSED ADVISORY;COMMITTEE,- FOR THE INDIAN RIVER LAGOON The Advisory Committee to the St Johns and South Florida River Water Management Districts regarding issues of importance to the Lagoon basin shah consist of the following: Clete Oakley, Volusia County Comm. Mark Cook, Brevard County Comm. Fran Adams, Indian River County Comm. Denny -Green, St. Lucie County Comm. Janet Gettig, Martin County Stallings Howell, US EPA Region IV Vivian Garfein, FL Dept. of Environmental --Protection Jim Swann, St Johns River Water Management District Nathaniel Reed, South Florida Water Management District Charles Padera, Chair of the IRLNEP Management Committee William Kerr, Chair of the IRLNEP Citizens Action Committee Dr. John Windsor, Chair of the IRLNEP Technical Advisory Committee The above roster is submitted to ' the Chair of each of the Water Management Districts" Governing Board for approval and appointment. aA P Chairman Adams advised that the each of the participating counties are being asked to approve advancement of the existing policy committee to the advisory committee on the Indian River Lagoon to the St. Johns River Water Management District, which now takes over the implementation of the CCMP (Comprehensive Conservation Management Plan) for the Indian River Lagoon. Chairman Adams advised that there will be a presentation of the CCMP on June 22nd. This has been a 5 -year on-going program to 53 April 23, 1996 F10 97 9U7 Boa 97 F�a..90 study causes and cures for which the Federal government has contributed about $900,000. Next comes the restoration phase. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously approved the advancement of the policy committee to the advisory committee for the Indian River Lagoon National Estuary Program, as outlined and requested by Chairman Adams. MEETING SCHEDULE - HRS DISTRICT ADMINISTRATOR SELECTION COn�IlVIITTEE Commissioner Eggert explained that she and Commissioner Tippin would be attending HRS meetings on the afternoons of May 20 and May 21 in order to select the new District Administrator for District 15, HRS. She asked that there be no public hearings be scheduled for the Board of County Commissioners meeting of May 21. ON MOTION by Commissioner Macht, SECONDED by Commissioner Bird, the Board unanimously approved that no public hearings would be scheduled for Tuesday, May 21, 1996. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:22 a.m. ATTEST: J. K Bar on, Clerk Minutes approved on 54 April 23, 1996 a��, - CoaA4-n _ 13 0 Fran B. Adams, Chairman