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HomeMy WebLinkAbout12/17/1996MINUTLtMATTACHED � BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, DECEMBER 17,1996 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) Caroline D. Ginn (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 BACKUP PAGES 2. INVOCATION None 3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R.Macht 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Item 7-P, Appointment of John Tippin to Juvenile Justice Council. 2. Item 7-Q, Richard R. Aldrich's Public Official's Bond. 3. Item 13-A, Discussion of County's Ethics Ordinance. 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation to Ann Robinson on Her Retirement Effective Dec. 31, 1996 1 6. APPROVAL OF MINUTES A. Special Meeting of Nov. 12, 1996 (EAR) B. Special Meeting of Nov. 13, 1996 (Tower Workshop) C. Regular Meeting of Nov. 19, 1996 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Supv. of Elections Notice of Change in Polling Place Location - Precinct 23 moved to Gifford Complex, 4695 28th Court B. Certificate of Retirement Award for David J. Cain, Sr. 2 C. Approval of Warrants (memorandum dated December 5, 1996) 3-9 ` 4 i �p �P�a 1 AGE ` . r p>. An fl 7. CONSENT AGENDA (cont'd ): BACKUP PAGES D. Approval of Surety Bond for Sheriff Gary Wheeler 10-11 E. Appointment to Economic Development Council (memorandum dated December 11, 1996) 12-16 F. Firearms Range and Old Courthouse Committees (memorandum dated December 10, 1996) 17 a G. Approval to Amend Elections Budget (memorandum dated December 10, 1996) 18 H. GHA, Harbor Pointe's Request for Final PD Plat Approval for Harbor Pointe at Grand Harbor (Plat 18) (memorandum dated December 10, 1996) 19-23 I. I.R.C. Horizontal Control Network (memorandum dated December 11, 1996) 24-27 J. Dock License Agreement - Country Club Pointe S/D (memorandum dated December 9, 1996) 28-31 K. Cancellation of Outstanding Taxes Property Purchased for County Use (memorandum dated December 9, 1996) 32-44 L. Grant of Easement of 10 Foot Strip of Land Lying Between the I.R. Mall and the I.R. Square Developments (memorandum dated December 9, 1996) 45-49 M. Approval of "Amendment H to Option Agreement for Sale and Purchase" of 34 Atlantic Gulf Com- munities (AGC) Sebastian Highlands Scrub Lots (memorandum dated December 10, 1996) 50-55 N. Approval of Amendment to Option Agreement for Sale and Purchase of the Fischer -St. Sebastian River LAAC Site (memorandum dated December 10, 1996) 56-59 O. Annual Contributions Voucher for Payment Housing Authority (memorandum dated December 11, 1996) 59A -59L 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Sheriff Gary C. Wheeler - Request for BCC Approval of Two Additional Positions to Sheriff s Office (letter dated December 11, 1996) 60-65 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Proposed Resolution Authorizing X L Vision, Inc. to Issue Revenue Bonds Not to Exceed $5,000,000 (memorandum dated December 10, 1996) 66-71 9. PUBLIC ITEMS (cont'd.): BACKUP PAGES A. PUBLIC HEARINGS 2. Proposed Resolution Authorization and Interlocal Agreement and the Issuance of Revenue Bonds Not to Exceed $60,000,000 by Escambia Housing Authority (memorandum dated December 10, 1996) 72-88 3. Stonebridge, Inc.'s Request for Planned Development Special Exception and Pre- liminary Plat Approval for a Development to be Known as Stonebridge North (memorandum dated December 11, 1996) 89-101 4. Second Hearing for LDR Amendments Not Related to Communications Towers (memorandum dated December 10, 1996) 102-126 5. Consideration of the I.R.C. Comprehensive Plan Evaluation and Appraisal Report (memorandum dated December 6, 1996) 127-138 6. Horizon Glen Outlet Center's Request for Special Exception Use Conceptual Plan Approval to Construct a Driving Range, Clubhouse, 9 Hole Golf Course, and Associated Improvements (memorandum dated December 10, 1996) 139-160 7. Continuation of the Department of Utility Services Request for Special Exception Use Approval to Expand the South County Waste- water Treatment Plant (memorandum dated December 11, 1996) 161-185 8. Idlewylde Corp. Inc.'s Request for Conceptual Planned Development Special Exception Use Approval and Appeal of Preliminary Planned Development Denial for a 109 Lot Single Family Planned Development to be Known as The Sanctuary (memorandum dated December 11, 1996) B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMIMSTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None 186-209 11. DEPARTMENTAL MATTERS (cont'd.): B. Emergencv Services Ranking of Computer Aided Dispatch (CAD) Vendors Responding to RFP #6077; Authori- zation to Negotiate with Logistic Systems, Inc. Pursuant to CCNA; Approval of Systems Consult- ing Contract with Barry Strock Consulting Services, Inc.; and Funding for Consulting Services (memorandum dated December 9, 1996) C. General Services .�� Pub 0 BACKUP PAGES 210-226 Judicial Reception (memorandum dated December 9, 1996) 227-229 D. Leisure Services None E. Office of Management and Budget None F. Personnel 1. Workers' Compensation Managed Care Arrangement (memorandum dated December 10, 1996) 230-233E 2. Drug -Free Workplace Program (memorandum dated December 11, 1996) 234-249 G. Public Works 1. Request Permission for Sea Oaks P.O.A. to Use North Parcel of Wabasso Beach Park for Access to Beach (memorandum dated December 11, 1996) 250-250A 2. An Update on the Requests for I.R.C. to Issue F.S. Chapter 161.085(3) Emergency Permits for Construction of Seawalls Along South Beach (memorandum dated December 11, 1996) 251-259 H. Utilities 1. Utility Workshop Meeting (memorandum dated December 11, 1996) 260 2. Armory Building Water & Sewer Main Extension Final Pay Request (memorandum dated December 3, 1996) 261-268 3. Louisiana Ave. Water Main (Main Street to County Rd. 512, Resolutions I and 11 (memorandum dated December 6, 1996) 269-282 4. Cornerstone Select Homes, Inc., Developer's Agreement for Construction of the Sebastian Model Home Center (memorandum dated December 6, 1996) 283-290 11. DEPARTMENTAL MATTERS (cont'd.): BACKUP H. Utilities (cont'd.): 5. 26th Street Reuse Water Line Relocation Labor Contract - Change Order No. 1 & Final Payment (memorandum dated December 9, 1996) 291-302 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams B. Vice Chairman Carolyn K. Eggert Library Support (memorandum dated December 9, 1996) C. Commissioner Caroline D. Ginn D. Commissioner Kenneth R. Macht E. Commissioner John W. Tippin 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT 303-304 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 5:00 p.m. Thursday through 5: 00 p. m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening .0 �. I Pq INDEX TO MINUTES DECEMBER 17, 1996 REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS ADDITIONS TO THE AGENDA . . . . . . . . . . . . . . . . . . . 1 PROCLAMATION . . . . . . . . . . . . . . . . . . . . . . . . 1 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . 3 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 3 A. Reports . . . . . . . . . . . . . . . . . . . . . . 3 B. Certificate of Retirement Award for David J. Cain, Sr. . . . . . . . . . . . . . . . . . . . . . . . 3 C. List of Warrants . . . . . . . . . . . . . . . . . 4 D. Approval of Surety Bond for Sheriff Gary Wheeler 9 E. Appointment to Economic Development Council - Linda Pell . . . . . . . . . . . . . . . . . . . . . . . 10 F. Firearms Range Committee and Old Courthouse Ad Hoc Committee . . . . . . . . . . . . . . . . . . . . . 10 G. Approval to Amend Elections Budget . . . ... . . . 11 H. GHA, Harbor Pointe's Request for Final PD Plat Approval - Harbor Pointe at Grand Harbor (Plat 18) . . . . . . . . . . . . . . . . . . . . . . . . 12 I. Indian River County Horizontal Control Network 13 J. Dock License Agreement - Country Club Pointe S/D - Hoda Shukri Dodge . . . . . . . . . . . . . . . . . 16 K. Cancellation of Outstanding Taxes - Property Purchased for County Use . . . . . . . . . . . . . 16 L. Grant of Easement - 10 Foot Strip of Land Between Indian River Mall and Indian River Square Developments - Lowe's Home Center, Inc. - Indian River Mall Associates - Indian River Square Limited Partnership - Dayton Hudson Corporation . . . . . . 29 M. "Amendment II to Option Agreement" - 34 Atlantic Gulf Communities (AGC) Sebastian Highlands Scrub Lots . . . . . . . . . . . .3 . . . . . . . . . . 0 N. Amendment to Option Agreement - Fischer - St. Sebastian River LAAC Site . . . . . . . . . . . . 31 O. Annual Contributions Voucher - Housing Authority 32 P. Juvenile Justice Council - John Tippin . . . . .. . 33 Q. Public Official Bond - Richard R. Aldrich, Trustee,, Indian River County Hospital District . . . . . . . 33 REQUEST BY SHERIFF WHEELER FOR HELICOPTER PILOT AND CIVILIAN MECHANIC . . . . . . . . . . . . . . . . . . . . . . . . e 34 1 nu ® � r PUBLIC HEARING - RESOLUTION AUTHORIZING XL VISION, INC. TO ISSUE REVENUE BONDS NOT TO EXCEED $5,000,000 . . . . . . 38 PUBLIC HEARING - ESCAMBIA HOUSING AUTHORITY INTERLOCAL AGREEMENT AND ISSUANCE OF REVENUE BONDS NOT TO EXCEED . $60,000,000 . . . . . . . . . . . . . . . . . . . . . . 42 PUBLIC HEARING - STONEBRIDGE, INC. - REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION AND PRELIMINARY PLAT APPROVAL FOR STONEBRIDGE NORTH . . . . . . . . . . . . . 49 SECOND PUBLIC HEARING - LDR AMENDMENTS NOT RELATED TO COMMUNICATIONS TOWERS . . . . . . . . . . . . . . . . . 55 PUBLIC HEARING - INDIAN RIVER COUNTY COMPREHENSIVE PLAN EVALUATION AND APPRAISAL. REPORT . . . . . . . . . .�. . 78 PUBLIC HEARING - HORIZON` GLEN OUTLET CENTER - SPECIAL EXCEPTION USE CONCEPTUAL PLAN APPROVAL - DRIVING RANGE, CLUBHOUSE, 9 HOLE GOLF COURSE, AND ASSOCIATED IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . 82 PUBLIC HEARING - TABLED FROM DECEMBER 3, 1996 - UTILITY SERVICES REQUEST FOR SPECIAL EXCEPTION USE APPROVAL - EXPAND SOUTH COUNTY WASTEWATER TREATMENT PLANT . . . . . 89 PUBLIC HEARING - IDLEWYLDE CORP., INC. - REQUEST FOR CONCEPTUAL PD SPECIAL EXCEPTION USE APPROVAL AND APPEAL OF PRELIMINARY PD DENIAL - 109 LOT SINGLE-FAMILY PLANNED DEVELOPMENT - THE SANCTUARY . . . . . . . . . . . . . . 93 RFP #6077 COMPUTER AIDED DISPATCH (CAD) VENDORS; LOGISTIC SYSTEMS, INC. NEGOTIATIONS PURSUANT TO CCNA;, SYSTEMS CONSULTING CONTRACT WITH BARRY STROCK CONSULTING SERVICES, INC. AND FUNDING . . . . . . . . . . . . . . . 102 JUDICIAL RECEPTION AT COURTHOUSE - JANUARY 13, 1997 . . . . . 105 WORKERS' COMPENSATION MANAGED CARE ARRANGEMENT - CORVEL CORPORATION . . . . . . . . . . . . . . . . . . . . . . 105 DRUG-FREE WORKPLACE PROGRAM . . . . . . . . . . . . . . . . . 107 SEA OAKS PROPERTY OWNERS ASSOCIATION - REQUEST TO USE NORTH PARCEL OF WABASSO BEACH PARK FOR ACCESS TO BEACH . . . . 108 SEAWALLS ALONG SOUTH BEACH - UPDATE ON REQUESTS FOR F.S. CHAPTER 161.085(3) EMERGENCY PERMITS - GERSTNER . . . . 109 SCHEDULING OF UTILITY WORKSHOP MEETING . . . . . . . . . . . 111 RIO MAR YACHTS, INC. (OLD ARMORY BUILDING) WATER & SEWER MAIN EXTENSION - DRIVEWAYS, INC. - FINAL PAY REQUEST . . . . 112 LOUISIANA AVENUE WATER MAIN (MAIN STREET TO CR -512) - RESOLUTIONS I AND II . . . . . . . . . . . . . . . . . . 113 CORNERSTONE SELECT HOMES, INC. - DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF SEBASTIAN MODEL HOME CENTER . . . . . . 129 26TH STREET REUSE WATER LINE RELOCATION LABOR CONTRACT - DRIVEWAYS, INC. - CHANGE ORDER NO. 1 AND FINAL PAYMENT . 130 COUNTY'S ETHICS ORDINANCE - STATE GIFT LAW - DISCUSSION . . . 131 LIBRARY SUPPORT . . . . . . . . . . . . . . . . . . . . . . . 131 77 2 d December 17, 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, December 17, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Kenneth R. Macht; John W. Tippin; and Caroline D. Ginn. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. Chairman Adams called the meeting to order and announced that this will be the last meeting of the Board for 1996. Reverend Joe Brooks of 20th Avenue Church of God gave the Invocation, and Commissioner Macht led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Adams requested two additions to today's Agenda: 1. Item 7-Q, Richard R. Aldrich's Public Official's Bond. 2. Item 13-A, discussion regarding the County's Ethics Ordinance. Commissioner Eggert requested the addition of Item 7-P, appointment of John Tippin to the Juvenile Justice Council. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously added the above items to the Agenda. PROCLAMATION Chairman Adams presented the following Proclamation to Ann Robinson, Supervisor of Elections, on her retirement effective. December 31, 1996. Mrs. Robinson thanked the Board and stated it has been an honor to serve the County. Commissioner Tippin remarked that Ann will be missed, and Chairman Adams wished her good luck and commented that Texas' gain is the County's loss. DECEMBER 17, 1996 1 0o .F . f^ PROCLAMATION HONORING ANN ROBINSON SUPERVISOR OF ELECTIONS ON HER RETIREMENT EFFECTIVE DECEMBER 31, 1996 WHEREAS, ANN ROBINSON has announced her retirement as the Supervisor of Elections effective December 31, 1996 and we wish to express our appreciation for her outstanding career on behalf of local government; and WHEREAS, in November, 1984, ANN ROBINSON was elected the Supervisor of Elections, taking office in January, 1985 and she has continued in that position until.her retirement. WHEREAS, ANN ROBINSON moved from Midland, Texas to Indian River County in October, 1972; and WHEREAS, ANN worked for a brief period in the Property Appraiser's Office and was very active in school board meetings, as well as serving on numerous boards and committees throughout the community. The Taxpayer's Association of Indian River County awarded ANN the coveted Miser of the Year Award in 1988 and the Ted Brown Award in 1996. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUN'T'Y COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board expresses its deep appreciation for the services ANN ROBINSON has performed on behalf of Indian River County. BE IT FURTHER PROCLAIMED that our heartfelt wishes for a happy retirement and success in future endeavors go with her. Dated this 17 day of December, 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ca,, 6 Com FRAN B. ADAMS CHAIRMAN DECEMBER 17, 1996 2 APPROVAL OF M U'rES The Chairman asked if there were any corrections or additions to the Minutes of the Special Meetings of November 12, 1996 and November 13, 1996. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Minutes of the Special Meetings of November 12, 1996 and November 13, 1996, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 19, 1996. There were none. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of November 19, 1996, as written. CONSENT AGENDA Chairman Adams requested that Item 7-I be pulled for discussion, and County Attorney Vitunac requested that Item 7-N be pulled for discussion. A. Reports Received and placed on file in the office of the Clerk to the Board: 1. Supervisor of Elections Notice of Change in Polling Place Location - Precinct 23 moved to Gifford Complex, 4695 28th Court B. Certificate of Retirement Award for David T. Cain, Sr. Chairman Adams presented the following Certificate of Retirement Award to David J. Cain, Sr., 13 year employee of the Road and Bridge Department: 3 DECEMBER 17, 19963 lot) " l 0his to to ter ft *at i8 btrebg preaenteb this Refiranjent Awarb y for outaftmbing performance Ani, faithful serine to 7'�i�/ - �Q,rc�2•�i ����z�rrt�ik3•ionz��ui for gears of aeruite on this -121% fag �ec�n a 19 96 Jaz6es W. Davis, P.E. Fran B. Adams, Chairman Director of Public Works_ Board of -County Commissioners___ C. List of Warrants The Board reviewed a Memorandum of December 5, 1996: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: DECEMBER 5, 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 December 4 to December 5. 1996. DECEMBER 17, 1996 4 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0018016 BARTON, JEFFREY K -CLERK 12/04/96 21.00 0213861 AERO PRODUCTS CORP 12/05/96 332.90 0213862 AIRBOURNE EXPRESS 12/05/96 10.45 0213863 AEROSPACE EXPRESS 12/05/96 189.00 0213864 A T & T 12/05/96 34.99 0213865 ALL RITE WATER CONDITIONING 12/05/96 71.50 0213866 ASAP SOFTWARE EXPRESS, INC 12/05/96 474.94 0213867 ADVANCED MEDICAL & PHARMACY 12/05/96 128.55 0213868 ADDRESS N' MAIL, INC 12/05/96 1,959.73 0213869 A T & T 12/05/96 17.16 0213870 ATLANTIC COASTAL TITLE CORP 12/05/96 1,095,389.08 0213871 ALBERTSON'S 12/05/96 59.72 0213872 ASAP COMPRESSORS 12/05/96 770.00 0213873 AIKENS, FRANK 12/05/96 75.00 0213874 ALEXANDER, MIKE 12/05/96 30.00 0213875 AMMEDIATE BAIL BONDS OF 12/05/96 1,897.00 0213876 BAIRD, JOSEPH A 12/05/96 212.37 0213877 BAKER & TAYLOR, INC 12/05/96 2,057.57 0213878 BAKER BROTHERS, INC 12/05/96 1,122.39 0213879 BOLING, STAN 12/05/96 6.00 0213880 BELLSOUTH MOBILITY 12/05/96 15.71 0213881 BARTON, JEFFREY K -CLERK 12/05/96 9,401.50 0213882 BARTON, JEFFREY K -CLERK 12/05/96 50.00 0213883 B & B INDUSTRIAL SUPPLY CO. 12/05/96 1,918.67 0213884 BARTON, JEFFREY K -CLERK 12/05/96 49.00 0213885 BARTON, JEFFREY K -CLERK 12/05/96 220.00 0213886 BRODA, JANICE C 12/05/96 102.66 0213887 BLATUS, JAMES 12/05/96 704.02 0213888 BOYNTON PUMP & IRRIGATION- 12/05/96 5.72 0213889 BLAKESLEE MAINTENANCE 12/05/96 200.00 0213890 BAKER & TAYLOR ENTERTAINMENT 12/05/96 54.90 0213891 BELLSOUTH 12/05/96 5,310.90 0213892 BARKER, LILLIAN 12/05/96 442.75 0213893 BREVARD DRUG SCREENING SERVICE 12/05/96 30.00 0213894 BRENNAN, RANDALL 12/05/96 30.00 0213895 CAREWAY'S RUBBER STAMP & 12/05/96 19.40 0213896 CHANDLER EQUIPMENT CO., INC 12/05/96 213.85 0213897 COLKITT SHEET METAL & AIR, INC 12/05/96 26.04 0213898 COMMUNICATIONS INT, INC 12/05/96 327.80 0213899 CONSTRUCTION HYDRAULICS 12/05/96 351.81 0213900 CREASER, GEORGE 12/05/96 30.00 0213901 CLARK WATER CONDITIONING 12/05/96 71.25 0213902 COASTAL FUELS MARKETING, INC 12/05/96 7,522.34 0213903 CUSTOM CARRIAGES, INC 12/05/96 1,041.53 0213904 CHIVERS NORTH AMERICA 12/05/96 69.40 0213905 COOGAN,-MAUREEN AND 12/05/96 540.20 0213906 CLIFFORD, MIKE 12/05/96 100.00 0213907 CUSTOM PUBLISHING SERVICES,INC 12/05/96 159.00 0213908 CENTRAL A/C & REFRIG SUPPLY, 12/05/96 10.78 0213909 DAVES SPORTING GOODS 12/05/96 286.43 0213910 DELTA SUPPLY CO 12/05/96 87.50 0213911 DUN & BRADSTREET 12/05/96 473.25 0213912 DOW, HOWELL, GILMORE, 12/05/96 600.00 0213913 DATA SUPPLIES, INC 12/05/96 164.84 0213914 DISABLED AMERICAN VETERAN 12/05/96 15.00 0213915 DISCOUNT AUTO PARTS 12/05/96 52.25 0213916 DAVIDSON TITLES, INC 12/05/96 0213917 DRUM, TERRY 12/05/96 16.20 0213918 DEPARTMENT OF BUSINESS & 12,/05/96 80.10 0213919 DEMCO MEDIA 12/05/96 50.00 0213920 DOLMAN TECHNOLOGIES 12/05/96 11.84 0213921 DADE PAPER COMPANY 12/05/96 13,500.00 0213922 E -Z BREW COFFEE SERVICE, INC 12/05/96 224.29 0213923 EAST COAST LUMBER 12/05/96 295.75 0213924 ETTER, TONY 12/05/96 172 .15 72.00 0213925 EBSCO SUBSCRIPTION SERVICES 12/05/96 0213926 EDUCATIONAL DIRECTORIES, INC 12/05/96 53.90 0213927 ELPEX, INC 12/05/96 165.00 0213928 ENVIRONMENTAL LEARNING 12/05/96 631.71 0213929 EMERGENCY LINEN SUPPLY CO 12/05/96 500.00 929.13 DECEMBER 17, 1996 5 ;� CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0213930 FLORIDA EAST COAST RAILWAY CO 12/05/96 66.40 0213931 FLORIDA COCA-COLA BOTTLING CO 12/05/96 162.50 0213932 F P & L 12/05/96 4,320.23 0213933 FLORIDA RIBBON & CARBON 12/05/96 72.00 0213934 FOURTH DISTRICT COURT OF 12/05/96 250.00 0213935 FRASER ENGINEERING & TESTING 12/05/96 559.00 0213936 FLORIDA EMERGENCY PREPAREDNESS 12/05/96 30.00 0213937 FLOWERS BAKING COMPANY OF 12/05/96 95.94 0213938 FLORIDA TIRE RECYCLING, INC 12/05/96 680.40 0213939 FLINN, SHEILA I 12/05/96 28.00 0213940 FALZONE, KATHY 12/05/96 6.00 0213941 FINKLIN, WILLIE JR 12/05/96 49.88 0213942 FLORIDA TECH 12/05/96 13,486.10 0213943 FLOOD, STEPHEN 12/05/96 30.00 0213944 GATOR LUMBER COMPANY 12/05/96 15.07 0213945 GAYLORD BROTHERS, INC 12/05/96 161.02 0213946 GEORGE W FOWLER CO 12/05/96 45.31 0213947 GENERAL MEDICAL CORP 12/05/96 1,345.47 0213948 G. NEIL COMPANIES 12/05/96 5.82 0213949 GNB TECHNOLOGIES 12/05/96 130.42 0213950 GIFFORD COMMUNITY CENTER 12/05/96 6,514.82 0213951 GILLETTE, TIMOTHY 12/05/96 30.00 0213952 GREEN, WILLIAM 12/05/96 30.00 0213953 H W WILSON CO 12/05/96 134.00 0213954 HARRIS SANITATION 12/05/96 1,081.20 0213955 HARRISON UNIFORMS 12/05/96 1,393.13 0213956. HEATH, CHARLES W 12/05/96 6.00 0213957 HILL DONNELLY CORPORATION 12/05/96 183.18 0213958 HUMANE SOCIETY OF VERO BEACH 12/05/96 11,940.00 0213959 HACH SUPPLY 12/05/96 119.50 0213960 HELDREF PUBLICATIONS 12/05/96 25.00 0213961 HOTCHKISS, MICHAEL 12/05/96 24.00 0213962 INDIAN RIVER COUNTY 12/05/96 15.00 0213963 INDIAN RIVER COUNTY SHERIFF'S 12/05/96 50.00 0213964 INDIAN RIVER COUNTY UTILITIES 12/05/96 84.27 0213965 INDIAN RIVER MEMORIAL HOSPITAL 12/05/96 171.00 0213966 INDIAN RIVER MEMORIAL HOSPITAL 12/05/96 50.39 0213967 INGRAM 12/05/96 1,401.11 0213968 INDIAN RIVER CONTRACTING CORP 12/05/96 500.00 0213969 INFORMATION ACCESS CO 12/05/96 40,964.00 0213970 INTERNATIONAL SOLID WASTE ASOC 12/05/96 137.00 0213971 IZOD GOLF & TENNIS 12/05/96 242.28 0213972 IRVINE MECHANICAL, INC 12/05/96 583.16 0213973 INNOVATIVE NETWORK SYSTEMS 12/05/96 750.74 0213974 INTERLIGHT 12/05/96 52.96 0213975 INTERNATIONAL GOLF MANAGEMENT 12/05/96 68,333.33 0213976 IKON OFFICE SOLUTIONS 12/05/96 200.71 0213977 INTERNATIONAL MUNICIPAL 12/05/96 422.00 0213978 HOMELAND IRRIGATION CENTER 12/05/96 184.38 0213979 JACKSON ELECTRONICS 12/05/96 33.04 0213980 JANIE DEAN CHEVROLET, INC 12/05/96 276.01 0213981 JIMMY'S TREE SERVICE, INC 12/05/96 1,026.00 0213982 JIM S APPLIANCE SERVICE OF 12/05/96 80.00 0213983 JEFFERSON, RUTH 12/05/96 220.00 0213984 JUDAH, KAREN E 12/05/96 42.75 0213985 JEFFERS VET SUPPLY 12/05/96 107.85 0213986 JONES, DAVID M 12/05/96 1,490.00 0213987 JONES CHEMICALS, INC 12/05/96 180.00 0213988 JOBE, JENNIFER 12/05/96 95.00 0213989 KEATING, ROBERT M 12/05/96 6.00 0213990 KNIGHT & MATHIS, INC 12/05/96 94.26 0213991 KAUFFMANN, ALAN 12/05/96 96.00 0213992 K S M 12/05/96 250.00 0213993 KRUGER CONSTRUCTION CORP 12/05/96 1,860.00 0213994 KIRBY AUTO SUPPLY 12/05/96 1,572.43 0213995 KLOTZER, ROBERT 12/05/96 30.00 0213996 LETTS, DAVID 12/05/96 247.00 0213997 L B SMITH, INC 12/05/96 405.53 0213998 LAWYERS COOPERATIVE PUBLISHING 12/05/96 18.00 0213999 LIGHT SOURCE -TONER SUPPLY 12/05/96 371.50 0214000 LESCO, INC 12/05/96 167.91 DECEMBER 17, 1996 6 � a � CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0214001 LAPSCO INC 12/05/96 172.25 0214002 LIBERTY BUSINESS MACHINES 12/05/96 300.00 0214003 LLOYD, JOHN RALPH 12/05/96 72.00 0214004 MASTELLER & MOLER ASSOC, INC 12/05/96 11,700.00 0214005 MAXWELL PLUMBING, INC 12/05/96 1,044.44 0214006 MCCAIN, WILLIAM F 12/05/96 104.12 0214007 MILLER, GWENDOLYN M 12/05/96 175.00 0214008 MITCO WATER LAB, INC 12/05/96 885.97 0214009 MOSBY & ASSOC, INC 12/05/96 1,500.00 0214010 MATRX MEDICAL REPAIR CTR 12/05/96 727.20 0214011 MIZUNO GOLF COMPANY 12/05/96 102.77 0214012 MEDIA FACTORY, INC 12/05/96 412.33 0214013 MR BOB PORTABLE TOILET 12/05/96 62.28 0214014 MAIN STREET HARDWARE, INC 12/05/96 109.20 0214015 MARC INDUSTRIES 12/05/96 93.70 0214016 MCCORD ELECTRIC 12/05/96 934.00 0214017 MEREDITH BOOKS 12/05/96 123.20 0214018 NORTH SOUTH SUPPLY 12/05/96 493.31 0214019 NEW HORIZONS OF THE TREASURE 12/05/96 2,024.68 0214020 NATIONAL GEOGRAPHIC SOCIETY 12/05/96 23.70 0214021 NATIONAL WEATHER SERVICE 12/05/96 28.00 0214022 OFFICE PRODUCTS & SERVICE 12/05/96 1,517.61 0214023 OFFICE DEPOT, INC 12/05/96 634.24 0214024 PARAGON ELECTRIC, INC 12/05/96 627.00 0214025 PETERSON'S 12/05/96 13.29 0214026 PETTY CASH 12/05/96 102.20 0214027 PHILLIPS, LINDA R 12/05/96 455.00 0214028 PETTY .CASH 12/05/96 7.00 0214029 PORT PETROLEUM, INC 12/05/96 361.11 0214030 PRECISION CONTRACTING 12/05/96 - 54,966.06 0214031 PERROTTA MD, RICHARD 12/05/96 60.00 0214032 PERFORMING ARTS TROUPE 12/05/96 75.00 0214033 PROFESSIONAL VIDEO 12/05/96 33.50 0214034 QUALITY BOOKS, INC 12/05/96 101.02 0214035 RADIO SHACK ACCT RECEIVABLE 12/05/96 28.98 0214036 RIFKIN, SHELDON H PHD 12/05/96 500.00 0214037 RUSSELL CONCRETE, INC 12/05/96 490.00 0214038 REARDON, RICK 12/05/96 117.00 0214039 SCOTTY'S, INC 12/05/96 574.20 0214040 SEBASTIAN BUSINESS SUPPLY, INC 12/05/96 42.64 0214041 SOUTHERN CULVERT, DIV OF 12/05/96 462.36 0214042 SUN COAST CLEANING SUPPLIES, 12/05/96 20.64 0214043 SUNCOAST WELDING SUPPLIES, INC 12/05/96 27.97 0214044 SERVICE REFRIGERATION CO, INC 12/05/96 83.00 0214045 SIMON & SCHUSTER CONSUMER 12/05/96 157.18 0214046 SOUTHERN JANITOR SUPPLY 12/05/96 156.75 0214047 SHADY OAK ANIMAL CLINIC 12/05/96 109.50 0214048 SKILLPATH, INC 12/05/96 20.00 0214049 SUN BELT MEDICAL SUPPLY, INC 12/05/96 1,492.90 0214050 SUPERIOR PRINTING 12/05/96 306.60 0214051 SYSCO FOOD SERVICE 12/05/96 278.25 0214052 SEBASTIAN POLICE DEPARTMENT 12/05/96 25.00 0214053 SIMS, MATTHEW 12/05/96 102.95 0214054 SOUTHERN LOCK AND SUPPLY CO 12/05/96 179.36 0214055 7 -ELEVEN 12/05/96 2.31 0214056 SEABREEZE PRINT SHOP INC 12/05/96 99.00 0214057 SECURITYLINK FROM AMERITECH 12/05/96 996.00 0214058 SESSIONS, ALESIA 12/05/96 205.00 0214059 SOUTHWIND GRAPHICS 12/05/96 24.50 0214060 STAPLES, INC 12/05/96 239.97 0214061 TAYLOR RENTAL CENTER 12/05/96 138.50 0214062 TITLEIST DRAWER CS 12/05/96 3,226.20 0214063 TREASURE COAST REFUSE CORP 12/05/96 175.32 0214064 TEXACO REFINING AND 12/05/96 973.59 0214065 TIMOTHY ROSE CONTRACTING, INC 12/05/96 14,030.00 0214066 TRANE PARTS CENTER OF SOUTH 12/05/96 474.06 0214067 TATTEGRAIN, RAYMOND 12/05/96 50.00 0214068 TORRES, JILL 12/05/96 8787.00 0214069 U S TELECOM, INC 12/05/96* .50 5 0214070 UNIVERSAL SIGNS & ACCESSORIES 12/05/96 750.50 0214071 US GOVERNMENT PRINTING OFFICE 12/05/96 38.00 DECEMBER 17, 1996 7 t P 14 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0214072 VELDE FORD, INC 12/05/96 3,002.25 0214073 VERO BEACH PRESS JOURNAL 12/05/96 53.70 0214074 VERO BEACH PRESS JOURNAL 12/05/96 225.72 0214075 VERO BEACH PRINTING CO 12/05/96 61.50 0214076 VERO BEACH, CITY OF 12/05/96 37,699.35 0214077 VERO CHEMICAL DISTRIBUTORS,INC 12/05/96 479.00 0214078 VERO LAWNMOWER CENTER, INC 12/05/96 78.20 0214079 VERO BEACH, CITY OF 12/05/96 48.92 0214080 VVA CHAPTER 567 12/05/96 20.00 0214081 VERO BEACH POLICE DEPARTMENT 12/05/96 50.00 0214082 VERO BEARING & BOLT 12/05/96 128.76 0214083 VOLUNTEER ACTION COMMITTEE 12/05/96 75.00 0214084 WAL-MART STORES, INC 12/05/96 20.00 0214085 WAL-MART STORES, INC 12/05/96 203.44 0214086 WEST PUBLISHING COMPANY 12/05/96 201.02 0214087 WHITTON, HENRY G ESQ 12/05/96 3,107.00 0214088 WOLSTENHOLME, SHIRLEY 12/05/96 35.32 0214089 W W GRAINGER, INC 12/05/96 217.84 0214090 WIGINTON FIRE SPRINKLERS,INC 12/05/96 1;950.00 0214091 WILLHOFF, PATSY 12/05/96 76.00 0214092 WM THIES & SONS, INC 12/05/96 193.10 0214093 WHEELER, GARY SHERIFF 12/05/96 4,998.38 0214094 WILDLIFE PHARMACEUTICALS 12/05/96 488.89 0214095 WALKER, KEITH 12/05/96 156.00 0214096 WOLFE, MEGAN 12/05/96 33.25 0214097 WELLS, JOSEPH 12/05/96 5.00 0214098 WALKER, DONALD 12/05/96 30.00 0214099 WAL*MART STORE 1068 12/05/96 119.97 0214100 YAVORSKY'S TRUCK SERVICE,INC 12/05/96 1,331.04 0214101 ZEPHYRHILLS SPRING WATER CO 12/05/96 9.50 0214102 WILMOTH, SUSAN E 12/05/96 50.00 0214103 HILL, ALAN L 12/05/96 52.58 0214104 GLENDALE INVESTMENT GROUP 12/05/96 100.00 0214105 COUNTRYSIDE S MOBILE 12/05/96 600.00 0214106 SULLIVAN, RUTH 12/05/96 105.10 0214107 MANCINI, NICHOLAS 12/05/96 40.00 0214108 MASSI JR, WILLIAM V 12/05/96 40.00 0214109 CLARK, EASTMAN 12/05/96 53.22 0214110 RICHARDS, WILLIAM A 12/05/96 54.27 0214111 EVANS, HAZEL 12/05/96 105.68 0214112 KING, KIRBY 12/05/96 105.10 0214113 FRAWLEY, PATRICK J 12/05/96 105.18 0214114 LOVE, JERRY D 12/05/96 9.43 0214115 SURLES, MAJOR 12/05/96 34.51 0214116 DE NICHOLA, ANGELO F 12/05/96 34.63 0214117 R ZORC & SONS BUILDERS INC 12/05/96 22.56 0214118 JACKSON JR, JOHN A 12/05/96 36.37 0214119 VISION LAND INC 12/05/96 128.71 0214120 WRIGHT, JIM 12/05/96 34.56 0214121 BORCHERS, JEAN 12/05/96 43.67 0214122 LA PORTE, ROBERT 12/05/96 59.59 0214123 MC CARVER, ROBERT 12/05/96 38.30 0214124 FONTANA, JOSEPH & MARY 12/05/96 29.63 0214125 JULIN, PAUL 12/05/96 38.47 0214126 HORTON, LESLIE 12/05/96 31.44 0214127 SCHERER, SUZANNE 12/05/96 33.91 0214128 CURRY, REGINA D 12/05/96 58.00 0214129 LUCERO, ALEXANDER V 12/05/96 40.17 0214130 ANDO BUILDING CORP 12/05/96 13.42 0214131 LOUCKS, CAROL E 12/05/96 24.83 0214132 BROWN, CARRIE 12/05/96 32.33 0214133 DAVI, ROSE 12/05/96 46.04 0214134 BACON, MALICCIAH 12/05/96 19.14 0214135 TURLINGTON, CHRISTA 12/05/96 17.07 0214136 RUSSELL, JAMES 12/05/96 45.31 0214137 KARACHUM, MARY KAY 12/05/96 12.38 0214138 JONES, DIANA L 12/05/96 13.39 0214139 BURKE, RAYMOND 12/05/96 73.29 0214140 NICHOLAS, YVETTE 12/05/96 8.18 0214141 SILVA, CHARLES D 12/05/96 38.43 0214142 TAYLOR, SIERREA L 12/05/96 2.42 DECEMBER 17, 1996 8 CHECK NAME NUMBER CHECK DATE CHECK AMOUNT 0214143 HARDING, TRAVIS 12/05/96 1.45 0214144 LEETS, LINDA L 12/05/96 34.70 0214145 RUSSCO, INC 12/05/96 61.84 0214146 CAGGIANO, A 12/05/96 11.70 0214147 LAKEWOOD VILLAGE 12/05/96 92.01 1,483,052.99 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from December 4, 1996 through December 5, 1996, as recommended by staff. D. Approval of Surety Bond for Sheriff Gary Wheeler 1996: The Board reviewed a Public Official's Bond of November 8, Florida %1��y _ Western Surety Company PUBLIC OFFICIAL'S BOND STATE OF FLORIDA County of Indian River as KNOW ALL MEN BY THESE PRESENTS; Bond No. 42428005 That we, Garr Wheeler as Principal, and WESTERN SURETY COMPANY, as Surety, are held and firmly bound unto the Governor of the State of Florida. and his successors in office, in the sum of Ten Thousand and no/100 DOLLARS($ 10.000.00 l lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this Rth day of The condition of the above obligation is such,- that whereas, the above bounden Gary Wheeler was on the day of A.D. , elected to the oMce of Sheriff of the COtirit' of Indian River State of Florida for the term of office beginning on January 7, 1997 and ending on January 2, 2001 NOW, THEREFORE, THE CONDITION OF THE FOREGOING OBLIGATION IS -SUCH, that if the Principal shall faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his own hands in his official capacity during the said term, then this obligation shall be void; otherwise it shall remain in force. This bond is further conditioned that the liability of the Surety shall be'fully terminated as to future acts of the Principal thirty (30) days after the receipt by the Obligee, of the Surety's written notice of cancellation. Signed, sealed and delivered in the presence of (as to the'Prtncipal) %w to Ne Surety) Countersigned By-71L.,7�. JtlknG� Florida Resident Agent Folie 1345-w-5-91 DECEMBER 17, 1996 9 Principal WESTERN SURETY COMPANY Y � , By E. Whelden. Asst. Sec. j-00 PuL, PAL, 17 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the Surety Bond for Sheriff Gary Wheeler, as recommended by staff. E. Appointment to Economic Development Council - Linda Pell The Board reviewed a Memorandum of December 11, 1996: To: Board of County Commissioners From: Carolyn K. Eggert L, & Vice Chairman, Board of County Commissioners Chairman, Economic Development Council Date: December 11, 1996 Re: Appointment to Economic Development Council Please appoint Linda Pell from the American Business Women's Association to replace Bayard Stevens in the "civic organization" category. She has special knowledge of the small business challenges that we have been missing on the Economic Development Council. Her resume is attached. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the appointment of Linda Pell to replace .Bayard Stevens on the Economic Development Council, as recommended by staff. F. Firearms Range Committee and Old Courthouse Ad Hoc Committee The Board reviewed a Memorandum of December 10, 1996: To: Board of County Commissioners From: Alice E. White Executive Aide to Board Date: December 10, 1996 Subject: Firearms Range and Old Courthouse Committees Inasmuch as the Firearms Range Committee has not met in several years, and the old Courthouse has been sold, I respectfully request that the Firearms Range Committee and Old Courthouse Ad Hoc Committee be formerly abolished and taken off our committee list. DECEMBER 17, 1996 10 C r ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously abolished the Firearms Range Committee and the Old Courthouse Ad Hoc Committee, as recommended by staff. G. Approval to Amend Elections Budget The Board reviewed a Memorandum of December 10, 1996: d's OF December 10, 1996 ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (407) 567-8187 or 567-8000 TO: HON. FRAN ADAMS, CHAIRMAN, BCC FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS RE: ITEM FOR BCC CONSENT AGENDA AT MEETING OF DECEMBER 17 The U.S. Post Office will send a check payable to the Supervisor of Elections in the amount of $16,046.48 to zero out the postal accounts for First Class Pre-sort and Business Reply before my term of office ends on December 31, 1996. Please vote to amend the elections budget so that Kay Clem, the new Supervisor of Elections, can accept the $16,046.48 which was deposited in the postal accounts during prior fiscal years. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously amended the elections budget by adding the sum of $16,046.48 received from the U.S. Post Office, as recommended by staff. DECEMBER 17, 1996 P141 r - H. GHA, Harbor Pointe's Request for Final PD Plat Approval - Harbor Pointe at Grand Harbor (Plat 18) The Board reviewed a Memorandum of December 10, 1996: TO: James E. Chandler County Administrator DJVJJION HEAD CONCURRENCE: DATE: Robe M. Keatib 13, AICE Community DeeAvy�el pment ' irector THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP!a a Senior Planner, Current Development December 10, 1996 SUBJECT: GHA, Harbor Pointe's Request for Final PD Plat Approval for Harbor Pointe at Grand Harbor (Plat 18) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 1996. DESCRIPTION AND CONDITIONS: Harbor Pointe at Grand Harbor (Plat 18) is a plat of an 8.20 acre parcel located on the east side of the Grand Harbor marina, between the marina and the Indian River. The plat will create lots for 16 duplex units and 21 single family lots. On July 13, 1995, the Planning and Zoning Commission granted preliminary PD plat approval for Harbor Pointe at Grand Harbor. The developer is now requesting final plat approval for Harbor Pointe at -Grand Harbor and has submitted the following: 1. A final PD plat in conformance with the approved preliminary PD plat and approved PD conceptual plan for the harbor area. 2. A certificate of completion for required improvements. ANALYSIS: All required improvements for the subdivision have been completed, and inspected, and a certificate of completion has been issued. Since all required improvements are complete and will be privately dedicated, no contract for construction or warranty and maintenance agreement is necessary as part of the platting process. The developer has complied with all of the requirements necessary to obtain final plat approval. It should be noted that utility facilities which will be dedicated to Indian River County will be warranted and secured separately, as normally required by the Utility Services Department. Thus, all requirements for final PD plat approval for Harbor Pointe at Grand Harbor have been satisfied. RECOMMENDATION: Based on the above referenced analysis, staff recommends that the Board of County Commissioners grant final PD plat approval for Harbor Pointe at Grand Harbor (Plat 18). ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the final PD plat for Harbor Pointe at Grand Harbor (Plat 18), as recommended by staff. DECEMBER 17, 1996 12 I. Indian River County Horizontal Control Network The Board reviewed a Memorandum of December 11, 1996: TO: The Board of County Commissioners FROM: GIJ4—' William G. Collins II - Deputy County Attorney DATE: December 11,1996 SUBJECT: Indian River County Horizontal Control Network In 1995 the Board of County Commissioners modified final plat survey requirements to require ties to at least two Indian River County Horizontal Control Network (IRCHCN) monuments if any portion of the platted site was within a mile of one such monument. However, the Network has never been defined by ordinance and, since it is dynamic, will tend to change over time. The purpose of this Resolution is to describe and identify what is meant by the "Indian River County Horizontal Control Network", and to acknowledge the dynamic state of the Network over time. Approve the attached Resolution designating the Indian River County Horizontal Control Network. Deputy County Attorney Will Collins explained this- designation is a request from the Property Appraiser's Office whereby any new subdivision within 1 mile of a monument be tied to the network. The purpose of the resolution is to identify the Horizontal Control Network which is set up under contract with the Florida Department of Environmental Protection. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 96-152 designating the "Indian River County Horizontal Control Network". RESOLUTION NO. 96- 152 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIMMTING THE "INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK". WHEREAS, the Board of County Commissioners of Indian River County, Florida has adopted an ordinance set out as Indian River County Code Section 913.07(6)(D)(10); and WHEREAS, said ordinance requires newly , 4u y platted developments within one mile of a monument established in the Indian -River County Horizontal Control Network to be tied into that network; and 1 • DECEMBER 17, 1996 13:� ���" RESOLUTION NO. 96- 152 WHEREAS, it is appropriate that the "Indian River County Horizontal Control Networks be officially designated; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the "Indian River County Horizontal Control Network" consists at this time of 52 monuments meeting Second Order Class II Standards as published by the National Geodetic Survey and shown on the attachment to this resolution, and further described in a 1995 survey conducted by GCY, Inc., placed throughout Indian River County by GCY, Inc., under contract to the Florida Department of Environmental Protection and in cooperation with the County, which monument positions were established using global positioning satellites and adjustments accomplished using the National Geodetic Survey software. The monuments within the "network" were tied to the Florida High Precision Network, the City of Vero Beach GPS network, and to St. Lucie afid Brevard Counties GPS networks. BE IT FURTHER RESOLVED that, since the Network is dynamic, tie-ins to the Indian River County Horizontal Control Network will be deemed for all intents and purposes to densify the Network. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Tlppin and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Ave Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this _ 17 day of December , 1996. BOARD OF COUNTY CUmmSSIONERS IIIDIAN RIVER COUNTY, FLORIDA BY: \_-7-7n_A-t_ C� �C1Z/vK J Fran B. Adams, Chairman ATTEST: Jeffrey K. Barton, k n APPROVED AS TO FORM AND LEGAL SUFFICIENCY 6YL� WILLIAM G. COLLINS H DEPUTY COUNTY ATTORNEY DECEMBER 17, 1996 14 1 1 Indian .diver County, I'loride G.PA. Control Project --- BRE VARD-- M.COUNTY 1001 OLe apse® ._ .,. . Ow 0 K E E C H O B E E lE� Q -� arra swaaws w10a1 QIs iMma ®-w°a aava pwl �1Y00®) ®. Uai OIs laOn - �gvwo mrn arwa nnr aaa rynm®) I Dana o►s meaa - n. u� I earn amen nnr octx lauooa�) Q- vs ewer ram m�ema awe rn wowr I na aI w woiaoS ro wmrra. I I mrOOO MwOn<�n w.�wa/uw SP034 00a 00670 f- COUNTY 0013 ®we U) rl v x w w J J. Dock License Agreement - Country Club Pointe S/D - Hoda Shukri Dodge The Board reviewed a Memorandum of December 9, 1996: TO: The Board of County Commissioners FROM: iy` William G. Collins II - Deputy County Attorney DATE: December 9, 1996 SUBJECT: Dock License Agreement - Country Club Pointe Subdivision On February 26, 1991 Horst Partenheimer entered into a License Agreement with Indian River County (recorded at O.R. Book 905 at Page 572 of the Public Records of Indian River County) for the use of the County's riparian land for a dock facility. On December 20, 1996 Mr. Partenheimer will be selling his Country Club Pointe property (Lot 12, Block 1, Replat of Country Club Pointe, Unit No. 1) to Bode Shukri Dodge. Covenant No. 9 of the Partenheimer License Agreement provides that upon sale of the Partenheimer property, the License Agreement terminates, however the purchaser can enter into a similar license agreement with the County. No. Dodge has expressed a desire to enter into such a license agreement with Indian River County and at closing on December 20, 1996 will execute a similar License Agreement, attached. RECOMMENDATION Approve the attached License Agreement between Indian River County and Hoda Shukri Dodge, and authorize the Chairman to execute same prior to recording in the Public Records of Indian River County, Florida. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the License Agreement with Hoda Shukri Dodge and authorized the Chairman to execute same prior to recording in the Public Records, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Cancellation of Outstanding Taxes - Property Purchased for County Use The Board reviewed a Memorandum of December 9, 1996: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P.`t(3`tunac, County Attorney DATE: December 9, 1996 BE: CANCELLATION OF OUTSTANDING TAXES PROPERTY PURCHASED FOR COUNTY USE The County recently acquired some property and, pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purposes. Such cancellation must be done by resolution of the Board with a certified copy being forwarded to the Tax Collector and,copies sent to the Property Appraiser. DECEMBER 17, 1996 16 Pq REQUESTED ACTION: Board authorize the Chairman to sign the attached resolutions cancelling taxes upon lands the County recently acquired. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 96-153 (Burger - 4th Street R/W) cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Re: Fourth Street R/W Parcel #14-33-39-00006-0070-00001.0 Michael and Bolen Burger, Jr. RESOLUTION NO. 96--153 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TABES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands. heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation,- *or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that. 1. Any and all liens for taxes, delinquent or current, against the property described in O. R. Book 1130, Page 346, which was recently acquired by Indian River County for right of way on S.W. 4th Street are hereby cancelled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Gln n , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this /`% day of 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA tee By zq0"' ,8 Fran B. Adams, Chairman J. K. n, Clerk DECEMBER 17, 1996 L' 17 F A ff " n t PAUL ®- 1 w 1 M X W LEGAL DESCRIPTION I Begin at the SW corner of Lot 2, Block 7 of Royal Poinciono Park Unit No. 1 as shown on W the plat recorded in Plat Book 4, Page 43 of the Public Records of Indian River County, and run Z Northerly, along the West line of Lot 2, a distance of 25 feet to a point. Then run Southeasterly, through Lot 2, a distance of Q 35.4 feet, more or less, to a point lying in the South line of the said Lot 2, a distance of 25 feet East from the beginning point. Then run I 35' Westerly, along the South line of Lot 2, a O �----- distance of 25 feet to the POINT OF BEGINNING. less. N P.O.B. Containing 312.5 square feet, more or Lying in Indian River County, Florida. SW Cor. of SW 1/4 of the NE 1/4 14-33-39 CERTIFICATION LOT j 104.3' BLOCK 7 Scale: 1"=30' LOT 2 �s LOT 3 104.39' (Plot) OI LO 4TH STREET c� 3 0 in in I, Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state > of Florida, that this sketch was made under' my immediate supervision, and that it is accurate and correct. I further certify c that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, a pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY J SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT c Charles A. Cromer, P.S.M. Reg. #4094 Indian River County Surveyor 1840 25th St, Vero Beach, FL 32960 (407) 567-8000 Date 1gp eja& «9 I F J ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 96-154 (Laurel Builders, Inc. - Oslo Road R/W) cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Re: Oslo Road R/W - Parcel #101-D Parcel #20-33-39-00001-0150-00001.0 Laurel Bldrs. Inc. RESOLUTION NO. 96--;_1 54 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TABES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in 0. R. Book 1130, Page 354, which was recently acquired by Indian River County for right of way on Oslo Road are hereby cancelled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Fggert , and the motion was seconded by Commissioner Ginn , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 1'7 day ofl`aLe���c�d/ , 1996. et: _ J.Z.7Gvtpn, Clerk C� ;ASL= DECEMBER 17, 1996 19 BOARD OF COUNTY COMMISSIONERS INDDIAN RIVER COUNTY, FLORIDA By�7C-i►'LC/'S�c/� Fran B. Adams, Chairman N 1 O 1 Parcel 101 C LEGAL DESCRIPTION - Parcel 101C OSLO ROAD Section Line to U OI a� C J LJ The . North 70 feet of the South 120 feet of Tract 16, Section 20, Township 33 South, Range 39 East, according to the last general plat of the Indian River Forms Company, recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, LESS the East 1130.5 feet. AND The North 70 feet of the South 120 feet of the East 957.30 feet of Tract 15, Section 20, Township 33 South, Range 39 East according to the last general plot of the lands of the Indian River Farms Company, recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Together containing 75,217.33 square feet, or 1.73 acres, lying in Indian River County, Florida. CEMCA71ON SCALE: 1"=250' 0 V \J ,C �J C ' Z v 20 21 29 2 Section Comer I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it, is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter'.611317 of the Florida Administrative Code, pursuant to F.S. Chapter 472. Charles A. Cramer, P.S.M. Reg. #4094 Indian River County Surveyor 1840 25th St, Vero Beach, FL 32960 :4C7} 5c' -3000 PREPARED FOR INDIAN RNER COUNW ENGINEERING DEPARTMENT THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION Date /e, IVO ✓ /992 t ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 96-155 (Berlin - SWDD Landfill Expansion) cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Re: SWDD Landfill Expansion Parcel #25-33-38-00001-0020-00003.0 Mary K. Berlin RESOLUTION NO. 96- 155 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in 0. R. Book 1128, Page 809, which was recently acquired by Indian River County for landfill expansion are hereby cancelled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Fggart , and the motion was seconded by Commissioner Ginn , and, upon being put to a vote, the vote was as follows Chairman Fran B. Adams Aye Vice Chairman Carolyn R. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 17 day of 1996. Attest:: 4- J. on, Clerk DECEMBER 17, 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By�-� � - A aeo-�� - Fran B. Adams, Chairman 21 ek 00 ,pui J I This Instrument was prepared Incident to the issuance of a title insurance contract, and is to be returned to. Leonard L. Spangler, Jr. Atlantic Coastal Title Corporation 3850 20th Street, Suite 6 Vero Beach, Florida 32960 IL:IREPORTW023804.WD11 ACTC File Number. 96023804 Parcel ID Number: 25-33-38-00001-0020-00003.0 GENERAL WARRANTY DEED This deed, made this 8th day of November, 199b Mary K. Berlin Grantor); and Indian River County Solid Waste Disposal District, a epen ent special district o Indian River County, Florida, whose postoffice address is: 1840 25th Street, Ver Beach, Florida 32960 (as Grantee); (Wherever used herein, the forms grantor" and grantee` shall include singular and plwal, heirs, legal ropresentatlms, and assigns o1 individuals, and the successors and asstgns o1 corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confiim unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: The East 1/2 of the West 112 of Tracts 2 and 7, INDIAN RIVER FARMS COMPANY'S SUBDIVISION of Section 25, Township 33 South, Range 38 East, according to the Plat thereof, as recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, ATLANTIC COASTAL TITLE CORPORATION A Full Service, Florida Title Insurance Agency DECEMBER 17, 1996 22 _I ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 96-156 (Houdyshell, Inc. - 5th Street SW R/W) cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Re: Fifth Street, SW - R/W Parcel #23-33-39-00001-0050-00009.0 Houdyshell, Inc. RESOLUTION NO. 96 - _LU_ 5 b A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TABES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and - WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in O. R. Book //3/ , Page /Oo6 , which was recently acquired by Indian River County for right of way on S.W. 5th Street are hereby cancelled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Ginn_, and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this L day of ,(�,����- , 1996. J. K.rBar�on, Cler �.��`att, . z DECEMBER 17, 1996 23 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,, FLORIDA TY By 1"tZ� 6 ( .ld/6� Fran B. Adams, Chairman 4oe M Z 0 1 LEGAL DESCRIPTION The North 10 feet of the South 90 feet of the West 20 acres LESS the West 50 feet, of Tract 5, Section 23, Township 33 South, Range 39 East, according to the last general plat of the lands of the Indian River Forms Company recorded in Plot Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Now 'lying in Indian River County, Florida. Containing 6,054.4 square feet, or 0.14 acres. rronmrAmm r 04 �f 50' ;0 01 a] 9 605.44' 605.44' 57H STREET S.W. (REBEL ROAD) S.W. Cor. Tract 5 U) a 0 N M N O N C J y 0 w Scale: 1"= 150' c� 3 0 3 I, Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. 1 further certify that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, a pursuant to F.S. Chapter 472. W THIS IS NOT A SURVEY 2 L, SKETCH TO ACCOMPANY LEGAL DESCRIPTION 6 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 0 Indian River County Surveyor (407) 567-8000 Dote a ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 96-157 (Grimm - Property Exchange) cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Res Property Exchange Parcel #12-33-39-00000-3000-00011.0 Floyd and Helen Grimm RESOLUTION NO. 96- 157 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in O. R. Book /131 , Page 1007 , which was recently acquired by Indian River County in change for property owned by the Grimms are hereby cancelled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner mur t , and the motion was seconded by Commissioner Ginn and, upon being put to a vote, the vote was as follower Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 1Z day of ,((1p���_.�te�/ , 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A ^ � By i�,vl �e Fran B. Adams, Chairman J. K. B n, Clerk DECEMBER 17, 1996 25 G.? ncn • �� 2 .5' 83 .7'v oI EI «I WI �1 • � I �I �L_ I 191.5' 168' rl O 27.5' )N 41 Scale: 1 "= 60' 832.7' —� LEGAL DESCRIPTION The South 100 feet of the North 184.41 feet of the West 23.5 feet of the East 832.7 feet of the SE 1/4 of the NW 1/4 of Section 12. Township 33 South, Range 39 East. Lying in Indian River County, Florida. 3 Containing 2,350 square feet, more or less. c U CERTIFICATION W 0 I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state o of Florida, that this sketch was made under my immediate supervision: and that it is accurate and correct. I further certify W that this sketch meets the Minimum Technical standards as described in Chapter 61 G 17 of the Florida Administrative Code, -i pursuant to F.S. Chapter 472. W PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o3 THIS IS NOT A SURVEY o Charles A. Cramer, P.S.M. Reg. /4094 1840 25th St, Vero Beach, FL 32960 SKETCH TO ACCOMPANY LEGAL DESCRIPTION a Indian River County Surveyor (407) 567-8000 �,� /99L Date � 1 N I; W ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 96-158 (Hercules, Inc. - SWDD Landfill Expansion) cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. Ret SWDD Landfill Expansion Parcels 925-33-38-00001-0020-00001.0 and 925-33-38-00001-0070-00003.0 Hercules Inc. RESOLUTION N0. 96= 158 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TARES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and _ WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in O. R. Book //3/ , Page (Pi7 , which was recently acquired by Indian River County for landfill expansion are hereby cancelled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Ginn , and, upon being put to a vote, the vote was as follower Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this _jj_ day of 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Ott (GL►� tQ (/c/) By -- Fran S. Adams, Chairman J. , Clerk DECEMBER 17, 199627 . , 4,.0�� Pace y IL:IACTCIREPORT196023934.CLSI BUYER'S CLOSING STATEMENT Prepared by ATLANTIC COASTAL TITLE CORPORATION 3850 20th Street, Suite 6, Vero Beach, Florida 32960 ACTC File Number: 96023934 Closing Date: December 6th, 1996 Buyer's Name: Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida Seller's Name: Hercules, In rporated, a Delaware corporation Legal Description: The East 112 of Tracts 2 and 7, INDIAN RIVER FARMS COMPANY'S SUBDIVISION of Section 25, Township 33 South, Range 38 East, according to the Plat thereof, as recorded in Plat Book 2, at Page 25, of the Public Records of SL Lucie County, Florida; said lands now situate, lying and being In Indian River County, Florida. BUY E.'.$, LO.SIN000STS3f�a¢;>;r �s'' CREDITS DEBITS PURCHASE PRICE DEPOSIT $ $ 1,104,433.30 10,000.00 PURCHASE MONEY MORTGAGE TO SELLER (if any) PRINCIPAL BALANCE OF MORTGAGE BEING ASSUMED RECORDING FEES (to Clerk of the Circuit Court) _ _ Documentary Stamps on Purchase Money Mortgage (@.35 per $100) Intangible Tax on Purchase Money Mortgage (@ .002 x Note Amount) Miscellaneous Recording Fees TITLE INSURANCE PREMIUMS (to Atlantic Coastal Title Corporation) Closing Fee (to Atlantic Coastal Title Corporation) Title Search Fees (to Atlantic Coastal Title Corporation) Title Examination Fees (to Atlantic Coastal Title Corporation) Public Record Copies (to Atlantic Coastal Title Corporation) REAL PROPERTY TAXES (January 1 st through Day Before Closing Date) $ REAL PROPERTY TAXES (Closing Date through December 31st) Express Delivery Fees (to Atlantic Coastal Title Corporation) $ _ 10.50 $ 0.00 $ _ 0_.00 $ 150.00 $ 45.00 $_ 45.00 0.00 $_ 7_05.28y _ TOTAL BUYER CREDITSIDEBITS $ 10,000.00 $ 1,105,389.08 TOTAL AMOUNT DUE FROM BUYER $ 1,095,389.08 1 hereby certify that the debits and credits reflected heron accurately represent all receipts and disbursements made on my behalf In this transaction Real property taxes were prorated based on the gross amount of taxes due for the preceding year, with the credit/debit arrived at by dividing that amount by 365 and multiplying the result by the number of elapsed days In the current year, Including the day of closing. Any variations in actual costs from those reflected hereon that result in overcharges or undercharges not In excess of $25.00 to any party shall be credited to or debited against closing fees charged by Atlantic Coastal Title Corporation. Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida i ` DECEMBER 17, 1996 28 L. Grant of Easement - 10 Foot Strip of Land Between Indian River Mall and Indian River Square Developments - Lowe's Home Center, Inc. - Indian River Mall Associates - Indian River Square Limited Partnership - Dayton Hudson Corporation The Board reviewed a Memorandum of December 9, 1996: TO: The Board of County Commissioners FROM: ;� William G. Collins II - Deputy County Attorney DATE: December 9, 1996 SUBJECT: Grant of Easement of 10 -Foot Strip of Land Lying Between the Indian River Mall and the Indian River Square Developments On August 20, 1966 the Board of County Commissioners accepted a Quit -Claim Deed from the Indian River Farms Water Control District for a 10 -foot strip of land lying between the Indian River Mall and the Indian River Square developments. At that time the County Commission authorized the Chairman to execute an easement running in favor of the owners of the Indian River Mall and Indian River Square projects which would allow the 10 -foot strip to be utilized by the grantee for the purpose of common ingress, egress, access, cross -connection of internal driveways, landscaping, sodding and irrigation of any medians within such common access driveways, pedestrian inter -connections, electrical conduit under the strip, utilities, drainage, etc. The 10 -foot strip over which the easement is to be granted lies between the two projects at the point where FDOT has required the developers to have a joint ingress/egress access point on S.R. 60 at their common property lines. RECOMMENDATION• Authorize the Chairman to execute the attached Easement, as approved in concept on August 20, 1996. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the Grant of Easement to Lowe's Home Center, Inc., IR Mall Associates,, Ltd., Indian River Square Limited Partnership, and Dayton Hudson Corporation, and authorized the Chairman to execute same, as recommended by staff. EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 17, 1996 29� �`L E4 M. "Amendment H to Option Agreement" - 34 Atlantic Gulf Communities (AGC) Sebastian Highlands Scrub Lots The Board reviewed a Memorandum of December 10, 1996: TO: James E. Chandler County.Administrator D R ENT HEAD CONCURRENCE: ert M. Kea ing, IC Community Developmm tt Di ctor FROM: Roland M. DeBlois,'�ICP Chief, Environmental Planning DATE: December 10, 1996 SUBJECT: APPROVAL OF "AMENDMENT II TO OPTION AGREEMENT FOR SALE AND PURCHASE" OF 34 ATLANTIC GULF COMMUNITIES (AGC) SEBASTIAN HIGHLANDS SCRUB LOTS It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 1996. DESCRIPTION AND CONDITIONS On November 19, 1996, the Board of County Commissioners approved the County purchase of 34 clustered Atlantic Gulf Communities (AGC) scrub lots in Sebastian Highlands (at the appraised value of $86,000), and authorized the Board Chairman to coordinate with county staff and execute documents necessary for closing and Florida Communities Trust (FCT) cost -share funding. Attached is- "Amendment II to the Option Agreement for Sale and Purchase," which amends the previously approved Option Agreement to reduce the total number of lots to 34 clustered lots. Since this document requires the Board Chairman's signature, it is herein presented for the Board's consideration. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached "Amendment II to the Option Agreement for Sale and Purchase" of the 34 AGC scrub lots in Sebastian Highlands Unit 17. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved Amendment II to Option Agreement with Atlantic Gulf Communities Corporation, and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE DECEMBER 17, 1996 II OF THE CLERK TO THE BOARD 30 s L_1 N. Amendment to Option Agreement - Fischer -St. Sebastian River LAAC Site The Board reviewed a Memorandum of December 10, 1996: TO: James E. Chandler County Administrator DE R ENT HEAD CONCURRENCE: Robert M. Ke ng, AICP Community Developm6nnt Di ector FROM: Roland M. DeBlois-AICP Chief, Environmental Planning DATE: December 10, 1996 SUBJECT: APPROVAL OF AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE OF THE FISCHER-ST. SEBASTIAN RIVER LAAC SITE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its meeting of December 17, 1996. DESCRIPTION AND CONDITIONS On December 3, 1996, the Board of County Commissioners authorized staff to close on the Fischer -St. Sebastian River property in order to meet a January 1, 1997 deadline for option exercise. A condition of closing is that the seller must escrow $89,400 to account for a potential property value adjustment due to increased wetland acreage. At the December 3rd meeting, the Board authorized staff to continue working with State CARL program staff to obtain after -the - fact 50% cost -share funding reimbursement. Moreover, the Board authorized the Board Chairman to execute closing documents and cost -share documents relating to the purchase. Attached is a copy of an "Amendment to the Option Agreement for Sale and Purchase" of the Fischer property that requires the Board Chairman's signature. This amendment is necessary to set forth parameters for the seller's $89,400 escrow. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached "Amendment to Option Agreement for Sale and Purchase" relating to the Fischer property purchase. Community Development Director Bob Keating advised this amendment involves 1 minor change. On page 58, the time of escrow is listed as July, 1998. Staff has agreed with Dr. Fischer to change the date to January 1, 1997 which will be 1 year. Dr. Fischer would then be allowed to assign to the contract to a third party. DECEMBER 17, 1996 31 r ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously approved the Amendment to Option Agreement with Henry A. Fischer and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Later in the meeting, Assistant County Attorney Terry O'Brien asked the Board to reconsider this item as to the additional matter of granting Dr. Fischer an access easement over property being donated by him to the County. Attorney Warren Dill, representing Dr. Fischer, explained that on the west side of Sebastian River Dr. Fischer is deeding a 1.5 acre parcel of undeveloped property to the County and is requesting a 60 foot access easement to the balance of his property. The requested easement is actually an extension of CR -510. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously authorized staff to prepare the deed and authorized the Chairman to execute same. EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD O. Annual Contributions Voucher - Housing Authority The Board reviewed a Memorandum of December 11, 1996: DATE: 12/11/96 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO ED FRY, DIREMR DEPARTMENT OF GENERAL SE ES FINANCE DEPARMOU SUBJECT: Report on Voucher for payment of Annual Contributions Housing Assistance Payments Program a BACKGROUND: The attached HUD Foams 52681 and HUD Foam 52595, covering the 1995/96 Fiscal Year, were prepared by the Finance Department and the Rental Assistance Department staff. We respectfully request that the Honorable members of the Board of County Canni.ssioners authorize tale Chaizran's signature for the submission of these form to the U.S. Department of Housing and Urban Development. DECEMBER 17, 1996 32 J L� ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the submission of the Report on Voucher for Payment of Annual Contributions and Operating Statement to the U.S. Department of Housing and Urban Development and authorized the Chairman to execute same, as recommended by staff. REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD P. Juvenile .Justice Council - John Tiepin The Board reviewed a Memorandum of December 16, 1996: To: Board of County Commissioners From: Fran B. Adams, Chairman Date: December 16, 1996 Subject: Appointment to Juvenile Justice Council - I would recommend that John Tippin be appointed as our representative on the Juvenile Justice Council. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously appointed John Tippin to the Juvenile Justice Council. Q. Public Official Bond - Richard R. Aldrich, Trustee. Indian River County Hospital District The Board reviewed a Memorandum of December 16, 1996: CLEM, POLACKWICH, VOCELLE & TAYLOR ATTORNEYS AT LAW A PAwmasHIF INcLuDING PROFERRIONAL Assocwtow SU11E 501 BREVARD COUNTT OFFICE IINIVERT BUILDING 304 EAST STRAwaRIDGE AVENL'C Cutma CLEW. P.A. 2770 INDIAN RIVER BOULEVARD MELBOultm FLaRIDA 32901 ALAN S. POLActwIC% SR. P.A. VERO BEACH, FLORIDA 32960.4278 TELEPHONE (4071725-3303 IA015 B. VOCELLE. Ja.: P. A. JAWEs A. TATLOa. III TELEPHONE 1561) 562.8111 PLEA= REAcxm FAX 15611 562.2870 PAUL R. BERG hrtP://www.veracom/web/law.htm ROBERT GOLDEN Or COUNSEL ' 80Atm Ccmrm Ctm 7k" LAwns BoA.o Ctwom guano LmaAme LAwyn NEMORANDUM *Curtrmo Croy mcota n TO: Alice E. White, Executive Aide Board of County Commissioners FROM: Linda A. Cichewic Legal Asst. DATE: December 16, 1996 RE: Richard R. Aldrich, Trustee, Indian River County Hospital District Approval of Public Official Bond to be Placed on December 17, 1996 County Commissioners' Agenda Our File No. 2025.0653 DECEMBER 17, 1996 A01 PA `.`. 33 Attached is the original, fully executed bond for Richard R. Aldrich, Trustee -elect to the Indian River County Hospital District. Also, attached for your file (should you need it) is a copy of Mr. Aldrich's Oath and Acceptance. Please place this bond as an emergency matter for approval on the Com- mission's December 17, 1996 agenda. Once the bond is approved by the clerk, signed by a member of the Commission, and filed, please prepare your standard letter to the Division of Elections indicating that this was done. Please fax a copy of the approved bond and transmittal letter. Thereafter, I will send the original Oath and Acceptance and a check for the issuance of the commission to Tallahassee. As always, it is a pleasure working with you; your cooperation and assistance is greatly appreciated. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved Richard R. Aldrich's Public Official Bond. REQUEST BY SHERIFF WHEELER FOR HELICOPTER PILOT AND CIVILIAN MECHANIC The Board reviewed a letter of December 11, 1996: �Fjeriff GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION 4055 41 St AVENUE VERO BEACH. -FLORIDA 32960-1808 December 11, 1996 The Honorable Fran B. Adams, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Chairman Adams: PHONE (561) 569-670C Attached please find back-up information on my request for your approval of two additional positions to the Sheriffs Office. One position will be a sworn helicopter pilot and the other position is for a civilian helicopter mechanic. Local law enforcement Chiefs have been invited to attend the December 17th Board of County Commissioners' meeting to show their support for this program. I would appreciate your support and approval of this program. Sincerely, Gary C. Wheeler, Sheriff DECEMBER 17, 1996 34 Sheriff Gary Wheeler explained that the program being presented allows local law enforcement access to military equipment. This program just came to his attention this year and is expected to be phased out over the next several years. The chief pilot for the City of Miami advised that their equipment will be listed for acquisition. The engines alone are worth about $293,000 each. Chief Hugh Cox of Indian River Shores supported the Sheriff's interest in this program and cited several instances where his department found it necessary to call for a helicopter. In one instance they spent about 8 hours on foot with canine assistance trying to locate a boatload of Haitians. He then called for the St. Lucie County helicopter and in about 2 hours they had located 16 people. The helicopter is a unique tool and will certainly enhance local law enforcement. Chairman_ Adams wanted to know whether Chief Cox would be willing to help financially, and __Chief Cox responded -that it was his understanding that there would be no cost for the first year, but he believed that Indian River Shores would be willing to do their fair share. Chief Jim Gabbard of the City of Vero Beach wanted the Board to be aware that our local law enforcement agencies have the kind of cooperative relationship which has never before existed in this county and probably does not exist anywhere else in the State of Florida. Everyone is joined in their support of Sheriff Wheeler. He also wanted the Board to know that, in his opinion, Sheriff Wheeler had been re-elected by an overwhelming majority partly because his chief concern is for the safety of this county's residents. The helicopter may not be a necessity at this point in time but public safety concerns occasioned by the growth of the County will make it a necessity very soon. He felt everyone should put politics aside and support the Sheriff. It has taken courage and a willingness to accept criticism to bring this program to the taxpayers and Sheriff Wheeler's interests are solely for public safety. Chief Larry Tippins of Fellsmere also supported Sheriff Wheeler's endeavors to obtain the aircraft. He stated that he also has had to call on St. Lucie County for their helicopter and remarked that when you need one, nothing else can take its place. He felt it will be a great asset to law enforcement. DECEMBER 17, 199635 AP PA --42 4 Chief Randy White of Sebastian also wanted to lend his support. He remarked that he had retired from Jacksonville law enforcement where they had helicopters over 20 years ago and he is aware of their value. They provide invaluable assistance in spotting fires, locating people and objects, directing ground units, riot assistance and ferrying of emergency personnel. Tom Buchanan of 150 Week Road added his support and cited an recent instance when a helicopter would have proven invaluable. There was a burglary at Horizon Outlet Mall and, had a helicopter been available, the thieves might have been apprehended. He also felt that possibly Osceola County would help with the cost. Chairman Adams queried whether this would be a med-evac unit, and Sheriff Wheeler responded that it is not strictly for law enforcement. In an emergency situation, it could be used in some instances to ferry paramedics to emergency scenes. It would also prove its worth in emergencies such as the recent plane crash in the western part of the county where it took them over an hour just to get to the scene. In such an event, personnel must travel over and around private ranch and grove properties which involves intimate knowledge of the local geography. Calling for backup assistance to one of these locations is very difficult when personnel are unfamiliar with the terrain and unsure of how to reach the site. A helicopter would be able to quickly direct ground units. Sheriff Wheeler reiterated that the biggest advantage to this program is that the only cost other than incidentals will be operating costs. He believed we will have enough funds from the Broward County prisoner program to operate the helicopter for this year. The equipment is virtually free of cost and the County will have zero invested. He anticipated an annual operating expense of $200,000 per year. Also needed will be a temporary hangar for storage, until we rent or build one for permanent use. We will be storing and cannibalizing parts which we will get from the federal government. We also will be able to swap warehoused parts with other agencies. If we decide to drop out of the program, the equipment would be returned to the federal government. Sheriff Wheeler then ran a video for the Board demonstrating some of the uses of a helicopter to local law enforcement. DECEMBER 17, 1996 36 r Commissioner Macht wanted to know what the inventory will be, and Sheriff Wheeler listed two fully operational helicopters with approximately 200 hours on each, and 2 new, 500 -hour warranty engines which will give us 13,000 flying hours. Commissioners Ginn, Macht and Eggert expressed their support for the project. Joseph Giffanti, a concerned citizen, spoke out against tax dollars being squandered and felt this would be an extravagant use of public funds. Mr. Giffanti felt that local taxpayers are saturated with useless and unwarranted police activity and asked the Board not to approve the project. Commissioner Eggert questioned whether the funds for salaries would be coming from the Broward County prisoner program funds. John Gallagher felt this would be a very valuable asset with invaluable benefits to law enforcement personnel morale. Sheriff Wheeler pointed out that the Sheriff's budget over the past several years has actually had a zero percent increase and that he would not be surprised to be returning a decent sum back to the Commissioners at the end of the year. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, that the Board approve two additional positions for the Sheriff's Office; a sworn helicopter pilot and a civilian helicopter mechanic, as requested by Sheriff Wheeler. Under discussion, in response to queries from the Board, Sheriff Wheeler stated that he did not anticipate needing any monies from the general contingencies fund this year. Commissioner Ginn remarked that this is a terrific program and she is very much in favor. Bill Koolage felt that as a conservative citizen he could support the Sheriff's request. The county is rapidly expanding to the west and he believed this is an important step forward 0 DECEMBER 17, 1996 3 FaG THE CHAIRMAN CALLED THE Motion passed unanimously. QUESTION and the . pace 45 PUBLIC HEARING - RESOLUTION AUTHORIZING XL VISION, INC. TO ISSUE REVENUE BONDS NOT TO EXCEED $5,000,000 PRESS -JOURNAL NOTICE OF PMC NEARiMa Published Daily Notice Is hereby giver, that the Board of County Commissioners of incus ► River County, Fbrda (the " Courrty'1 will the approval of an issue of Vero Beach Indian River County,Florida hdustrei �t revenue bonds to be lin by the County the to prhN* amatmt of COUNTY OF INDIAN RIVER: STATE OF FLORIDA rot to exceed 55,000 $5.000.000 Revenue eorws . the Darryl otheaurPress act), 1998 (the "Bands at a public ryrdus�c� held at a rreegBW1� meeft an f oath says�fore that he is President Joumaladafl p�bp �p19N, may be AM orChambers, brV in Indian River County, Florida: that the attached copy of adverHsernent, bekg Beard, C mftsion 840 25th thh Street. Vero Beach, Florida, The Voceeds of such Bad Isere will be used to () --g�bif-�j pay a1 or any part of the cost of issuance of the Bonds: (� al or any part of the cost of aoqu4- .��� in the matter of �ff.Ydf/cr�:C`LLI?� �� the Pn* act and (61) otter cost permitted by W POMThe "Project. isdescrI as a 82,000 square foot and office amfeces) t(xdYretated et�pport ted i mdsrlacdae htflg V In the Court Bads shell and w® be from revenues eTand wfl9 P payable derived from the XL Realty, the =and vrtl not debt, Ushed in said newspaper in the Issues of 9 g constitute a general ar general athlgetbn of trh W; Ricer the to of Picnics, ar enry other poltical subftilon thereof. Al Interested parties are Invited to present their oararhants at the tics and pipe seam abova Affiant further says that the said Press-Joumal is a newspaper published at Vero Beach, In anyiohs are advised that It they decide to appeal dem shade at this marj tfryr need a said Wan River that ire said newspaper has heretofore been record h the proms, and lar such purpose, cxxhtirarously published InsaidIndian River Florida' each dally and has been entered as they may need tI e that a record y second class mad matter at the post office in Vero Beach. in saidIridian Rhrer Cfltxhty, Florida, ma the is made. which recoil Incudes the ft record e for a period of one year next preceding the first publication of the affected copy of andevidence upon which the appeal is to advertisement; and affiant further says that he has neither paid nor promised any person, firm w tion any discount, rebate, commission or refund for the purpose of securing ids sWoners BoardRi of Cohmty County, Florida khdiarh Rhrer t;,ohshty, Fbrda for publication in said newspaper. Interested p� fey appear at the mea" and ?FS l to:4Vcribed before lobe heardwtawa to respect to the proposed opooreddina� r,Q;•'•Swom nre this day of—&—O--A.D. s mance may do so at the Office of they Cleric to the Board, 1840 25th Street, Vero Beach, Florida. • Ml' Comm. Expires': s - I�. Anyone who a f to appeal any cession +L August 25,1997 : 5 (resident) ewhich arra be nsure meeting vhn11 meed to erhsure that a verbatim record of the aoceedhgs Is shade. No. =IONS SANDRA A. PRESCOIT. N017ARY Matic. State of Florida. My Commission &alp. August 25. 1997 which trxatiudes .tesiimmy and evidence upon which the appealAnyone �i •. P r %' •• \Q,o`` who needs a special exaranodatfan for this m mmay contact the Camty's Americans � �, ExL 223. �tA48 hours advance of the Str¢hed• - a� oto•' g3\^lrh� a- DgL'ct r ��i DeC.2. m 1354359 The Board reviewed a Memorandum of December 10, 1996: TO: Members of the Board of County Commissioners DATE: December 10, 1996 SUBJECT: PROPOSED RESOLUTION AUTHORIZING X L VISION, INC. TO ISSUE REVENUE BONDS NOT TO EXCEED $5,000,000 PUBLIC HEARING FROM: Joseph A Bair OMB Director The Board of County Commissioners at its regular meeting of November 26, 1996 approved the advertising of the TEFRA (Tax Equity Fiscal Responsibility Act) and holding a public hearing to consider a resolution authorizing X L Vision, Inc. to issue 55,000,000 in "tax exempt" industrial revenue bonds to expand their manufacturing facility. A copy of the proposed resolution is attached. DECEMBER 17, 1996 38 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 Ginn, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 96-159 approving the issuance of industrial development revenue bonds in an amount not to exceed $5,000,000; authorizing application by the County for allocation of private activity bond volume cap for such bonds; declaring its official intent that the proceeds of such bonds be used for reimbursements; and providing an effective date. RESOLUTION NO. 96-159 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN AN AMOUNT NOT TO EXCEED 55,000,000; AUTHORIZING APPLICATION BY THE COUNTY FOR ALLOCATION OF PRIVATE ACTIVITY BOND VOLUME CAP FOR SUCH BONDS; DECLARING ITS OFFICIAL INTENT THAT THE PROCEEDS OF SUCH BONDS BE USED FOR REIMBURSEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the "County") has the authority under the Florida Industrial Development Financing Act, Part II, of Chapter 159, Florida Statutes, as amended (the "Industrial Act") to issue revenue bonds for the purpose of financing industrial development facilities; and WHEREAS, XL Realty, Inc., a Delaware corporation (the "Borrower") has requested that the County issue its industrial development revenue bonds (the "Bonds") in the principal amount not to exceed $5,000,000; and WHEREAS, the proceeds of such Bonds will be used to (i) pay all or any part of the cost of issuance of the Bonds; (ii) pay all or any part of the cost of acquiring, constructing, erecting and improving a 62,000 square foot manufacturing facility (and directly related office and support facilities) used to manufacture imaging systems (the "Project"); and (iii) to pay any other cost permitted by applicable law, WHEREAS, Part VI of Chapter 159, Florida Statutes, provides for allocation of the private activity bond volume cap for the State of Florida and pursuant thereto, local agencies such as and including the County must obtain and submit to the State of Florida, Division of Bond Finance, written certification of approval by applicable elected official as required by Section 147(f) of the U.S. Internal Revenue Code (the "Tax Code") and may thereafter file a notice of intent to issue private activity bonds and request a written confirmation of volume cap allocation in order to be able to issue such bond; and WHEREAS, the Board of Commissioners of Indian River County, Florida (the "Board") is the local elected official for the County as that term is used in Section 147(f) of the Tax Code and, as such, the Board may give the required approval for the County to issue such bonds only after conduct of a public hearing held after publication of reasonable notice; and DECEMBER 17, 1996 39 6 WHEREAS, the Board desired to declare its official intent that the proceeds of the Bonds be used for reimbursement as required by Treasury Regulation, Section 1.150-2; and WHEREAS, prior to adoption of this Resolution, the Board conducted such public hearing on December 17, 1996, NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Indian River County, Florida: SECTION 1. The authorization for issuance of the Bonds by the County in the principal amount not to exceed $5,000,000 for the purposes set forth above is hereby approved. SECTION 2. The Board hereby authorizes issuance of Industrial Development Revenue Bonds by the County in an amount not to exceed $5,000,000, such authorization being given for purposes of satisfying Part VI of Chapter 159, Florida Statutes, as well as Section 147(f) of the Tax Code. SECTION 3. The Board hereby authorizes the Chairman of the Board to apply for private activity bond volume cap allocation for the calendar year 1997 pursuant to Part VI of Chapter 159, Florida Statutes, including a carryforward allocation of any allocation obtained for 1997. SECTION 4. The Board hereby declares its intent that the proceeds of the Bonds be used by the Borrower, in part, for reimbursement of costs incurred by the Borrower related to the Project prior to the date the Bonds are issued. SECTION 5. The approval by the Board herein does not constitute an endorsement to a prospective purchaser of the Bonds, of the credit worthiness of the Project or any tenant therein, and the Bonds shall not constitute an indebtedness or obligation of the State of Florida or of any county, any municipal corporation, or political subdivision but the Bonds shall be a limited obligation of the County payable solely from the revenues derived from the Project and the other pledge and revenues described therein to the payment thereof and no holder of the Bonds shall ever have the right to c-ompel any exercise of the taxing powers of the State of Florida or of any county, municipal corporation, or political subdivision thereof (including the County), nor to enforce the payment thereof against any property of the State of Florida or of any county, municipal corporation, or political subdivision (including the County). SECTION 6. This Resolution shall take effect immediately upon its adoption. ADOPTED: Resolution No.gF _ q adopted thi17 s day of December, 1996. ATTESTED: �� ; +_ ,.sem',, �..m �'•, Name: -Z--K . LA P�:ToM Title• I,paQ,��� d 1 'anV88Wute BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA By: �Jr .�_ C�IQ�y�yj Name• Title: FRAIY B. ADAMS CHAIRMAN DECEMBER 17, 1996 40 Inman Rivw Ca Apc'oved Dale Amin Leial 7 i. Dec. F -.!SK Mgr. 11/20/96 WED 09:28 FAX 904 419 1515 DIV. OF BOND FINANCE 1aJ015 Di.Won Serial No. Prior Division Serial No. STATE OF FLORIDA DIVISION OF BOND FINANCE NOTICE OF INTENT TO ISSUE BONDS AND REQUEST FOR WRITTEN CONFIRMATION \RT II (to be completed by applicant) Date-. Name, address and phone number of person who prepared this Notice (confirmation or rejection will be sent to this person unless otherwise directed): Name: David J. Hull Phone: 9( 04 )224-9115 Address: Post Office Bog 391 Tallahassee, Florida 32302 Issuing Agency- Indian River County Company (if applicable)- %L Realty, Inc., a Delaware corporation Requested Amount: $ Is this a Supplementary Notice? Yes No Check one of the following: Manufacturing Facility (as defined in Section 159.803(10), F.S.) XX Florida Fust Business Project (as defined in Section 159.803(l 1), F.S.) (Florida Depvtment of Commerce certification must be attached) Multifamily Housing Single Family Housing Other (If "Other",specify) Is this a Priority Project under State law? Yes No XX Purpose: To pay all or any part of the cost of issuance of the bonds nay all or any part of cost of acquiring, constructing, erecting, and improving a 62,000 square foot manufacturing facility (and directly related office and support facilities) used to manufarture imayina eXat_ eiR and to pay other costs permitted by applicable law. s. 147(f) or similar IRC Approval Date: Contemplated Date(s) of Issue: Approving Authority (Unit of Government): Indian River County Agency Official and Title- Chairman, Board of Commissioners of Indian River County, Florida I HEREBY CERTIFY THAT THE ELECTED OFFICIAL OR VOTER APPROVAL REQUIRED PURSUANT TO t7(0 OF THE INTERNAL REVENUE CODE HAS BEEN OBTAINED ON THE DATE INDICATED ABOVE, AND -IAT THE AMOUNT REASONABLY EXPECTED TO BE REQUIRED FOR THE FINANCING EQUALS AT -AST 90% OF THE AMOUNT REQUESTED ABOVE. ;nature of Agency Official: Q--=66= z ( 1cle2l" /) FRAN B. ADAMS CHAIRMAN xx .: IPORTANTI Legal Opinion (Section 1S9.805(1), F.S.) enclosed; $100.00 Filing Fee enclosed: XX "RT1I (to be completed by the Division of Bond Finance) Received by: Date and Time Received: Adjusted Date Received (pursuant to Section 159.8081 or 159.8083, F.S.) Status (conrvmed or rejected): Arnow -it Confirmed: $ Confirmation Valid Through: Amount Pending (if any): $ Comments: Category of Confirmation: Title: Dlreeter. Dlvielen of Rnnd Finanre ISSUER IS HEREBY ADVISED THAT THIS CONFIRMATION IS CONDITIONAL AND SHALL NOT BE CONSIDERED FINAL UNTIL AND UNLESS (1) THE DIVISION RECEIVES TIMELY NOTIFICATION OF ISSUANCE OF THE BONDS PURSUANT TO SECTION 1S9.80S(S)(a), FLORIDA STATUTES, AND (2) THE DIVISION HAS ISSUED ITS FINAL CONFIRMATION OF ALLOCATION (FORM BF 2007-B) WITH RESPECT TO THE BONDS. DECEMBER 17, 1996 4 1 LOO Pay- 4 PUBLIC HEARING - ESCAMBIA HOUSING AUTHORITY INTERLOCAL AGREEMENT AND ISSUANCE OF REVENUE BONDS NOT TO EXCEED $60,000,000 PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Daryl K. Hicks who an oath says that he Is President of the Press-Joumal, a daily newspaper published at Vero Beach in Indian that County, Florida; that the attached copy of advertisement, being in the matter of d --fly/ „k -Q ] �Je ems_ In the pelted in said newspaper in the issues of Court, was pub - Affiant further says that the said Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continualsty published in said Indian River County, Florida, each daily and has been entered as second class mail matte at the post office in Vero Beach, In said Indian River County, 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 aft.tsement for publication in said newspaper. PA A:PR;r�' p� Swom to'QINN.Scribed before me this day of D. 19 L My Comm. Expires: = Augusl 25,1997 s4.NDRA A. PRESCOTr. NOTARY PUBLIC. (President) No. CC310845 state of Florida. My Commfssfon Exp. August 25. 1997 ►EP*q;LSEAL) OQ�pP - •.. OF signed Nrftarv: SA-nRA .t PRFSrCrr7 NOTICE OF PUBLIC HEARING For the purpose o1 Section 147(f) m the internal Revernue C= m 1988. as amended, notice Is a l8oerd 1hat the Hotakq Finance m County m Indian River Canty, Florid•, w�l caduct a public hearing at their re arty scheduled meetkg on Tuesday, Deoember 17, at 9:00 A.M. at Indian Film County C milssion Chmnbms. 1840 25th St., Vero Beach. Florida to consider them the issu- ance by the Housktp Firm = m Escambia Cocoedii ". .9n off Rim County and other O.W0,000 - -- F- . Mortgage not Re The proceeds of Suchsbbonds will be used to fi- nw=be prkr�r byho ers�of Mf1 mclerats, S. Rim Costlyand ver" other axe in the State of Florida The bads will not constitift a debt of the State of Florida, I dim River County,cotintles or ar outer parUdpat bye Finom peyeble solely peymeute remade fror n it* revenues generated from the l 1, A program. AN persons are advised that, If, they decide to ap- peal any decision made at Vila mieeurgI they w! Ea am m the proceedings, and for such pur- 1 pose. they may need to ensure that a verbatim record m the praceedkgs Is made, which recce In- cudes the testtrrnorny and evidence upon. which the .. appeal k to be based. AI kd d persona are hvfted to present their comments at the tlme and p{ecg set font above. C�C.ablorms Firm lBoerd m i kmerested parties may appear at the meetkg and be heard with respect to the proposed ordkmrnce. MYOM Who wants to kle .90 may do so at the Office m� na dark to% Board. 1840 25th Street, Vero Bah, Florida. matey uwho which be madeeaat this wish meeftwill noo ersure tlnat a verbaflm record of the proceedtrgs is made, vvtilch kndudes testimony and evidence upon which the appeal Is based. Aryone who needs a special accoirmtodatlan for this m may contact the County's Annorkere with Act (ADA, Coordinator at 587- 8000, EA 223. at West 48 hours in advance of the Dee. 2,-1996 1354357 The Board reviewed a Memorandum of December 10, 1996: TO: Members of the Board of County Commissioners DATE: December 10, 1996 SUBJECT: ' PROPOSED RESOLUTION AUTHORIZATION AND INTERLOCAL AGREEMENT AND THE ISSUANCE OF REVENUE BONDS NOT TO EXCEED $60,000,000 BY ESCAMBIA HOUSING AUTHORITY PUBLIC HEARING FROM: Joseph A OMB Dir. The Board of County Commissioners at its regular meeting of November 26, 1996 approved the advertising of the TEFRA (Tax Equity Fiscal Responsibility Act) notice and holding a public hearing to consider a resolution and interlocal agreement between Escambia County Housing Finance Authority and Indian River County. If the Board of County Commissioners approves the resolution and interlocal agreement, the County Attorney must issue an opinion letter and the chairperson must sign the document "Notice of Intent to Issue Bonds and Request Written Confirmation". DECEMBER 17, 1996 42 �J� 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 Tippin, the Board unanimously adopted Resolution 96-160 authorizing the Escambia County Housing Finance Authority to operate within the boundaries of Indian River County; authorizing the Board to enter into Agreements with the Escambia County Housing Finance Authority and to execute and deliver certain documents and instruments in connection therewith; approving a form of Interlocal Agreement; approving the issuance by the Escambia County Housing Finance Authority of not exceeding $60,000,000 single family mortgage revenue bonds, Series 1997 (Multi -County Program), pursuant to Section 147)f) of the Internal Revenue Code of 1986, as amended; and providing_an effective date. RESOLUTION NO. 96-160 A RESOLUTION OF THE BOARD OF COUNTY COM MSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPERATE WITHIN THE BOUNDARIES OF INDIAN RIVER COUNTY; AUTHORIZING THE BOARD TO ENTER INTO AGREEMENTS WITH THE ESCAM 31A COUNTY HOUSING FINANCE AUTHORITY AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS AND INSTRUMENTS IN CONNECTION THEREWITH; APPROVING A FORM OF INTERLOCAL AGREEMENT; APPROVING THE ISSUANCE BY THE ESCAM 31A COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $60,000,000 SINGLE FAPMY MORTGAGE REVENUE BONDS, SERIES 1997 (MULTI -COUNTY PROGRAM), PURSUANT TO SECTION 1470 OF THE INTERNAL REVENUE CODE OF 1956, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and WHEREAS, the Board of County Commissioners of Escambia County Florida, on May 29, 1980, adopted Ordinance No. 80-12, by which it created the Escambia County Housing Finance Authority (the "Authority") and authorized the Authority to exercise all powers under the Act; and - WHEREAS, there is no housing finance authority currently operating in Indian River County; and WHEREAS, pursuant to the Act the Board of County Commissioners of Indian River County Florida, has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in Indian River County; and WHEREAS, it is not practicable at this time under existing Florida and federal laws and regulations for a single local agency to issue its bonds for the purpose of implementing a single family housing program, although the shortage of such single family housing and capital for investment therein is continuing in Indian River County; and DECEMBER 17, 1996 43 k'.51. WHEREAS, the Authority has by resolution duly adopted on July 2, 1996 (the "Escambia Resolution") authorized the issuance of not exceeding $60,000,000 Single Family Mortgage Revenue Bonds, Series 1997 (Multi -County program) (the "Bonds"), and has indicated to the Board of County Commissioners of Indian River County its willingness to exercise its powers in Indian River County to finance single family housing therein as permitted by the Act upon approval of the Board of County Commissioners of Indian River County; and WHEREAS. Section 147(0 of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code") requires public approval of certain private activity bonds by an applicable elected representative or governmental unit following a public hearing and the Board of County Commissioners of Indian River County, Florida (the "Board"), constitutes an applicable elected representative or governmental unit; and WHEREAS. pursuant to Section 147(1) of the Code a public hearing was scheduled before the Board for ,+J / 7 , 199-C, and notice of such hearing was given in the form required by the Code by publication more than 14 days prior to such hearing; and WHEREAS. the Board has on .&ee r�'_iZV i 7 , 1994, held the public hearing and provided at such hearing reasonable opportunity for all interested individuals to express their views, both orally and in writing, on the issuance of the Bonds; and WHEREAS, the Board diligently and conscientiously considered all comments and concerns expressed by such individuals; and WHEREAS, the Board desires to express its approval of the action to be taken Pursuant to the Escambia Resolution and as required by Section 147(fl of the Code; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONOWSSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Because of the continuing shortage of affordable single family housing and capital for investment therein in Indian River County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing, it is hereby determined that the Board of County Commissioners of Indian River County consents to the Authority exercising its powers to issue the Bonds and to implement a program from a portion of the proceeds of the Bonds to finance single family housing within the statutory boundaries of Indin River County; provided, that the Authority and Indian River County first enter into a written agreement setting forth the powers, duties and limitations of the Authority as they pertain to the use of said bond proceeds within Indian River County and payment of the issuance costs for such Bonds. Section 2. In furtherance of the purposes set forth in Section 1 hereof the Chairman or Vice -Chairman and Clerk or Deputy Clerk of the Board of County Commissioners of Indian River County are hereby authorized to execute such consents, intergovernmental agreements, applications or other documents as shall be required to implement such single family housing program and to provide for payment of Indian River County's proportionate share of costs of issuance of such Bonds, all as shall be approved by counsel to Indian River County. Section 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit 'W', and made a part hereof, between Indian River County and the Authority is hereby approved. The officers of Indian River County are, hereby authorized to enter into the Interlocal Agreement on behalf of Indian River County, with such changes not inconsistent herewith as the officers executing same may approve, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of Indian River County are hereby further authorized to execute and deliver such other documents and instruments as may be necessary to implement the Interlocal Agreement, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the Interlocal Agreement. Section 4. The Board hereby approves, within the meaning of Section 147(fl of the Code, the issuance by the Authority of not exceeding $60,000,000 Single Family Mortgage Revenue Bonds, Series 1997 (Multi -County Program), and such other action to be taken pursuant to the Escambia Resolution. Section 5. All o resolutions ct with the provisions he ein c ntainedare, o the extent f such conflict, her by perseded and repealed. tion of this expenditure of any funds of Indian River County toolution es not paythe costs of issuance orize or the such Bonds. DECEMBER 17, 1996 44 0 � � s Section 7. This Resolution shall take effect immediately upon its adoption. Duly adopted in the 'session this .1Z day of A -et. , 199,. INDIAN RIVER COUNTY, FLORIDA (SEAL..) ATTEST: By: HiQ.►- VJ Chairman, Board of County o �~e.. Commissioners ti `_ Cl and of Co ty Commissioners U Exhibit "A" FORM OF INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this L7— day of_, 1996 , by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as the 'Participating County"); WITNESSETH: WHEREAS, Part IV of Chapter 159 of the Florida Statutes authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority has resolved to issue not exceeding $60,000,000 Single Family Mortgage Revenue Bonds. Series 1997 (Multi -County Program) (the "1997 Escambia Bonds"); and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986. as amended (the "Code"), the amount of Mortgage Subsidy Bonds which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State. and WHEREAS. the limitations upon available portions of the volume cap prevent the separate issuance of bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of 1997 Escambia Bonds to fund the anticipated demand during the proposed Origination Period for qualifying single family mortgages of both Escambia County and Indian River County, as well as certain other counties which may also participate in a joint bond program; and WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the State volume cap (the "Allocation Amount") granted by the State through 1997 (the "Authorization Period") for the purpose of issuing bonds to finance qualifying single family development (the 'Bonds") will result in a wider allocation of fixed expenses and certain rather economies of scale; and WHEREAS, unless such economies are realized, the issuance of Mortgage Subsidy Bonds would be less economical resulting in higher mortgage costs to qualified mortgagors; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize Indian River County to approve the issuance of revenue bonds through the Escambia Authority to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County DECEMBER 17, 1996 45 !' 00 qtr; J 53 -0 PAG" Commissioners of the Participating County adopted on 199. (the "County Resolution"); and WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties hereto and to include the Participating County within the Escambia Authority's area of operation pursuant to 'Florida Statutes, Section 159.603(1) for the purpose of issuing bonds based on the Allocation Amount to (1) make available funds to finance qualifying single family housing development located within the Participating County in accordance herewith, (2) establish the reserves therefor, and (3) pay the costs of issuance thereof (collectively, the "Program"). NOW THEREFORE, the parties agree as follows: Section 1. AUocation Amount; Substitution of Bonds. The Participating County hereby authorizes the Escambia Authority to issue Single Family Mortgage Revenue Bonds from time to time based on the Allocation Amount for the purpose of financing the program and making funds available for qualifying single family housing developments in the Participating County. Any 1997 Escambia Bonds issued for such purposes in the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Participating County's bonds which could have been issued for such purpose. The Participating County hereby authorizes the Escambia Authority to utilize the Participating County's Allocation Amount on behalf of the Participating County for the purpose of financing the Program, including, among other things, funding of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Participating County during the Authorization Period with respect to such Allocation Amounts. The proceeds of the Bonds shall be allocated and applied to the funding of mortgage loans within the various Participating Counties and for reserves and the payment of costs of issuing the Bonds, all in accordance with final program documents approved by the Escambia Authority. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority or its agents and all payments due from such revenues shall be paid by the Escambia Authority or its agents without further action by the Participating County. Section 2. Administration. The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Participating County retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited, to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Participating County with such reports as may be necessary to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibilityto negotiate, define, validate, market, sell, issue and deliver its Bonds in the maxium Allocation Amount, based upon mortgage loan demand, permitted by law to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose. Each Participating County may apply for the full allocation amount available for such County. It is agreed that the Allocation Amount for the Bonds in Indian River County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between Indian River County and such other Participating Counties within such region based upon lender demand. All lendable proceeds of the Bonds attributable to the mortgage loan demand in Indian River County shall be reserved for use in originating mortgage loans in Indian River County for an initial period of 120 days. The issuance and administration costs and expenses related to the Bonds Issued to finance the housing program and administration of such program shall be paid from proceeds of the Bonds and revenues generated from the housing program. Section 3. Program Parameters. (a) Upon request of the Escambia Authority, the Participating County shall, to the extent permitted by law, (1) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such program parameters including, but not limited to, maximum housing price and maximum adjusted family income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of mortgage loan moneys for each Participant offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Participating County, the Escambia Authority may from time to time approve and establish such maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Participating County. - DECEMBER 17, 1996 46 (b) The fees and expenses of the Participating County shall be paid from the proceeds of the program in the manner and to the extent mutually agreed upon by the officials of the Participating County and the Escambia Authority at or prior to issuance of the 1997 Escambia Bonds. Section 4. Term. This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon 10 days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Participating County during the Authorization Period, or by any party during any period that the Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Bonds are still in the possession of the Escambia Authority or its agents pending distribution, unless either (1) the parties to this Agreement mutually agree in writing to the terms of such termination or (2) such termination, by its terms, only applies prospectively to the authorization to issue Bonds for which no Allocation Amount has been obtained and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of bonds pursuant to this Agreement. Section 8. Indemnity. To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County harmless from any and all liability for repayment of principal of and interest or penalty on the Bonds, and the members and officials of the Participating County harmless from any and all liability in connection with the approval rendered pursuant to Sections 159.603 and 159.604, Florida Statutes. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the 1997 Escambia Bonds will include a statement to the effect that Bondowners may not look to the Participating County for payment of the Bonds and interest or premium thereon. IN WITNESS WHEREOF. the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the Z day of 199L. (SEAL) ATTEST. MAO W _--W Cleric i . �.e-• V DECEMBER 17, 1996 47 ESCANa3IA COUN7T HOUSING FINANCE AUTHORITY I. I INDIAN RIVER COUNTY, FLORIDA Chairman FPAN S. ADS M.3 Prior Division Serial No. STATE OF FLORIDA DIVISION OF BOND FINANCE NOTICE OF INTENT TO ISSUE BONDS AND REQUEST FOR WRITTEN CONFIRMATION ART I (to be completed by applicant) Date: december 17. 1996 Name, address and phone number of person who prepared this Notice (confirmation or rejection will be sent to this person unless otherwise directed): Name: Ed Bulleit c/o William R Hough 6 Co Phone:(813 ) 895-8880 Address: 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 Issuing Agency: Escambia County Housing Finance Authority Company (if applicable): Requested Amount: $ Is This a Supplementary Notice?: Yes No x Check one of the following: Manufacturing Facility (as defined in Section 159.803(10), F.S.) Florida First Business Project (as defined in Section 159.803(l 1), F.S.) - (Florida Department of Commerce certification must be attached) Multi -Family Housing Single Family Housing x Other (If "Other", specify) Is this a Priority Project under State Law? Yes No x Purpose: To Provide affordable mortgages to low, middle and moderate income first- time homebuvers in Indian River County s. 147(0 or similar IRC Approval Date: December 17, 1996 Contemplated Date(s) of Issue: Februarv, 1997 Approving Authority (Unit of Government): Indian River County Board of County Commissioners Agency Official and Title: Fran B. Adams . Chairman I HEREBY CERTIFY THAT THE ELECTED OFFICIAL OR VOTER APPROVAL REQUIRED PURSUANT TO 147(f) OF THE INTERNAL REVENUE CODE HAS BEEN OBTAINED ON THE DATE INDICATED ABOVE, AND THAT THE AMOUNT REASONABLY EXPECTED TO BE REQUIRED FOR THE FINANCING EQUALS AT LEAST 90% OF THE AMOUNT REQUESTED ABOVE. Signature of Agency Official:' 7Q L i IMPORTANT! Legal Opinion (Section 159.805(1), F.S.) enclosed. - $100. 00 nclosed: $100.00 Filing Fee enclosed: PART II (to be completed by the Division of Bond Finance) Received by: Date and Time Received: Adjusted Date Received (pursuant to Section 159-8081 or 159-8083, F.S.): Status (confirmed or rejected): Amount Confirmed: $ - Confirmation Valid Through: Amount Pending (if any): $ Category of Confirmation:, Comments: Title: Director. Division of Bond Finance ISSUER IS HEREBY ADVISED THAT THIS CONFIRMATION IS CONDITIONAL AND SHALL NOT BE CONSIDERED FINAL UNTIL AND UNLESS (1) THE DIVISION RECEIVES TIMELY NOTIFICATION OF ISSUANCE OF THE BONDS PURSUANT TO SECTION 159-805(5)(x), FLORIDA STATUTES, AN) (2) THE DIVISION HAS ISSUED ITS FINAL CONFIRMATION OF ALLOCATION (FORM BF 2007-B) WITH RESPECT TO THE BONDS. DECEMBER 17, 1996 48 r ® s � PUBLIC HEARING - STONE,BRIDGE, INC. - REQUEST FOR PLANNED DEVELOPMENT SPECIAL EXCEPTION AND PRELIMINARY PLAT APPROVAL FOR STONEBRIDGE NORTH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hacks who on oath says that he Is President of the Press- loumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of in the Court, was s o I� 9n pub} � lished in said newspaper in the issue Affiant further says that the said Press-Joumal 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 dally and has been entered as second class mail matter at the post office in Vero Beach, in said adian River County, 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 searing this advertisement for publication in said newspaper. M066.n8...,., P sac;; io + lbscribed before me thlsT day of Vv' D. 1 �Nly Comm. Expires. s August 25, 1997 a' SANDRA A. PRESCOTT. NOTARY PLfUX (President) No. CC31080.5 = Siete o: Florida. My ==nRap. August 25, 1 7 PA' sF-A�l PLOP O F F10 'a signed J Noterv: SANDRA A. PRE'SC n 8TH ST Subject; Site t (' N aI __ 4TH ST A -t S-3 STONEBRIDGE SID NOTICEOF PUBLIC HEARING Corrected no,'P P from 11/26/98 pnbtcaaon Nota of hearag to consider thegrerft of ape- i curl exception use approval fo'r a 109 lot sage ; family residential planned development to be W. m� Norah. The property pre id In Sectiftw yby es T a sons. arc., 9. 33 3 See the above map for the and Range 39. A public hearag at which parties in ahwm and citizens shall have an opportwtiy to be heard, ww11 be held by the - Board ofCpunq �s of andian Ryer cowry. Florida, In the Catrnty Commis- sarh Chanhbes of the County Administration Build - 1 located at 1840 25th Street, Vero Beach, Far- ah on Tuesday. December 17,1998 at 9:05 a.m: Please direct pians ft -related Questions to the current d wWWne t plamhahg section at 587-80W, Ext. 242.Anyone Who Wishal any d9dalon whish may be made at this m� will need to en- sure abet a verbatim record of the praheediro Is made, what, includes testanary and evdece upon which the appeal Is based ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 58741000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. WDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Fran B. Adams Nov.27,1998 1353907 The Board reviewed a Memorandum of December 11, 1996: TO: James Chandler County Administrator DI ION HEAD CONCURRENCE: fe Robert M. Keating; AI P/ Community Developm nt Dilrector /4 -ii THROUGH: Stan Boling, AICP Planning Director FROM: Eric Bladil Staff Planner, Current Development DATE: December 11, 1996 SUBJECT: Stonebridge, Inc. Is Request for Planned Development (PD) Special Exception and Preliminary Plat Approval for a Development to be Known as Stonebridge North It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 1996. DECEMBER 17, 1996 49 3 p PAC- DESCRIPTION AND CONDITIONS: Stonebridge North is a proposed 46.69 acre single family residential planned development. The proposed PD will establish 108 platted lots, common recreational areas, centralized stormwater management system, and internal roadways within the boundaries of the proposed preliminary plat for Stonebridge North. The subject site is located on the north side of 4th Street in the 5300 block. The property is zoned RS -3, Residential Single Family (up to 3 units per acre) and is to be developed at a density of 2.19 units per acre. The applicant proposes to target a specific housing market within the density restriction for RS -3 zoning. In order to achieve the design flexibility considered necessary, the applicant has chosen to request lot size and sideyard building setback waivers through the PD special exception use process. The purpose and intent of the planned development (PD) special exception use approval process is to allow development design flexibility while also promoting an overall benefit for the county as a whole. Staff has considered the compatibility of the proposed project on surrounding properties, in terms of both existing and potential uses. In order to enhance the project's compatibility and benefit to the community, the applicant will provide perimeter landscape buffering, larger perimeter lots, and provide for pedestrian connections to yet -to -be -developed residentially designated properties to the east and west. The subject site, which is approximately 1,230' R 1,6601, is comprised of two parcels of land previously utilized as a citrus grove. Development of the site will create 108 lots, a wet stormwater management tract, and on-site roadways. Approval of this preliminary PD plan/plat permits construction of Stonebridge North in two phases, 52 lots in Phase 1 and 56 lots in Phase 2. Subject to the issuance of the land development permit, the applicant has the ability to construct all infrastructure improvements during Phase 1. Final platting will occur phase by phase. •Planning and Zoning Commission Recommendation and Board of County Commissioners Consideration At its regular meeting of November 21, 1996, the Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners grant special exception use approval subject to the conditions stated in the recommendations section of this report (see attachment #4). The Board is now to approve, approve with conditions, or deny the special exception use request. In making its decision, the Board must determine if the request is appropriate for the subject property and surrounding areas. The Board may then grant approval and attach any condition(s) and safeguard(s) deemed appropriate to mitigate impacts and to ensure compatibility of the use with surrounding areas. The Planning and Zoning Commission granted preliminary plan/plat approval subject to the Board granting the associated special exception use request. Therefore, if the Board grants special exception use approval, the preliminary plan/plat approval will be in effect, and subject to the conditions approved by the Board. ANALYSIS: •Preliminary Plan/Plat: I. Total Site Area: 46.69 acres 2. Zoning Classification: RS -3, Residential Single Family (up to 3 units per acre) 3. Land Use Designation: L-1, Low Density (up to 3 units per acre) 4. Surrounding Land Use and Zoning: North: South: East: West: DECEMBER 17, 1996 Citrus groves/A-1 4th Street, Stonebridge Groves/RS-3 Citrus groves/A-1 50 (South)/RS-3 r 5. Proposed Density: 2.19 units per acre 6. Proposed Lot Size: Normal RS -3 Minimum: 12,000 sq. ft. Minimum Proposed: - 9,830 sq. ft. Average Proposed: 12,592 sq. ft. Note: The PD ordinance allows waivers of lot size and setback requirements, all of which are discussed in detail later in this report. 7. Open Space: Required: 40% Provided: 448 8. Required Recreational Area: 1.30 acres required for the 108 proposed lots 1.39 acres passive recreation area provided 9. Phasing: The project is proposed to be constructed in 2 phases (see attachment #3), as follows: Phase 1: 52 lots, centralized stormwater retention tract (lake), a portion of internal roadways, and a 1.39 acre passive recreation tract. Phase 2: 56 lots, remaining internal roadways, off-site improvements. Each phase will include the perimeter buffering improvements and sidewalk improvements required for that phase. 10. Utilities: The proposed development will be serviced by county utilities for both _potable water and wastewater services. Connection to public utilities services is required and is indicated on the preliminary plat. Provisions of water and sewer services for the subdivision have been approved by both the County Utilities Services and Environmental Health Unit Services (HRS). 11. Traffic Circulation: The development will be accessed by a single two-way roadway connection to 4th Street. The internal roadway plan for the subdivision provides six cul-de-sacs connecting to a single two-way looped roadway through the development. County traffic engineering has approved the proposed roadway layout. County traffic engineering has reviewed and approved the traffic analysis submitted for the project by the applicant's engineer. The approved analysis indicates that, in Phase 2 of the project, an eastbound left turn -lane at 4th Street and the project entrance is required by the LDRs. Therefore, prior to final plat approval for Phase 2, the eastbound 4th Street left turn -lane must be constructed or contracted and bonded -out pursuant to subdivision ordinance provisions. Furthermore, the county traffic engineer has stated that, prior to the issuance of a land development permit for the project, construction plans for the left turn -lane must be approved and incorporated into the land development plans. 12. Stormwater Management: The stormwater management plan proposes the use of an excavated wet retention area (lake) on the site. The stormwater management plan has been given preliminary approval by the Public Works Department. Final approval of the stormwater management plan and issuance of a Type "B" stormwater permit shall occur upon issuance of a land development permit for the project. 13. Environmental Issues: The subject site is greater than 5 acres and, therefore, is subject to the native upland preservation requirements of section 929.07. Environmental planning staff has determined that no native upland vegetative community exists on the site. Therefore, no native upland conservation areas need be established as a part of the development. The stormwater management system proposes an excavated wet retention area (lake) greater than } acre. Therefore, the developer must submit a littoral zone plan acceptable to the DECEMBER 17, 1996 51 ,�� PAGI`- J _I environmental planning staff prior to the issuance of the land development permit. Since the excavation of the lake will involve the removal of more than 5,000 cubic yards of excavated material from the site, the provisions of Chapter 934 mining regulations apply. The developer is intending to excavate and haul from. the site approximately 27,000 cubic yards. This excavation and hauling activity is considered incidental to project construction. Prior to issuance of a land development permit, the developer must apply for and obtain a mining permit exemption from staff. It is staff's understanding that the developer intends to request a mining permit exemption. In order to qualify for a mining permit exemption, the developer must demonstrate to environmental planning staff, through the land development permit review process, that all of the criteria of section 934.04(7)(b) are satisfied. Since the subject site is, for the most part, surrounded by active citrus groves, staff advised the applicant and Planning and Zoning Commission that some ornamental/exotic house and yard plants typically planted in residential developments may be Caribbean Fruit Fly host plants. Such plants should be avoided in areas near citrus groves to ensure marketability of the citrus. In response to staff's advisory comment, the Planning and Zoning Commission voted to add a condition of approval that would require the developer to include in the subdivision covenants a deed restriction on the planting of such host plants. In addition, a prohibition of the plants should be included in the Board's action, as was done with the Trails End PD project. Such a prohibition will give the county the ability to enforce the prohibition via code enforcement action, if necessary. Therefore, the deed restriction requirement and a prohibition are contained in staff's recommendation at the end of this report. 14. Required Improvements: For projects in the RS -3 zoning district, bikeway, sidewalk, and streetlight improvements may be required pursuant to section 911.07(6) of the LDRs. For this project: a. A bikepath is required along the development's 4th Street frontage by the provisions of the county's _Bikeway and Sidewalk Plan. Although not depicted on the plan, a bikepath must be provided by the applicant. b. Sidewalks are not required along the development's 4th street frontage by the provisions of the county's Bikeway and Sidewalk Plan. C. Internal sidewalks are not required, since the project's overall density does not exceed 3 units per acre (reference section 913.079(5)(b)3.b. of the LDRs). d. Streetlighting is a required improvement which must be provided. The applicant has agreed to provide streetlighting in a manner which will illuminate the project's entrance road intersection with 4th Street. The property owners association will own and maintain all streetlighting improvements. These streetlighting provisions will be incorporated into the project's land development permit. 15. Dedications: The applicant intends to dedicate subdivision improvements, via the final plat, as follows: a. Internal Stormwater Easements and Tracts: Private/ Property Owners Association b. Utility Easements: Public/Indian River County C. Street and Right -of -Way: Public/Indian River County 16. Concurrency Management: Long-range planning staff ha4 indicated that a conditional concurrency certificate will be issued for the project prior to the Planning and Zoning Commission consideration of this item. Thus, all concurrency requirements related to the preliminary plat approval have been satisfied. DECEMBER 17, 1996 52 17. Off -Site Dedications and Improvements: The public works department has stated that no additional right-of-way is required from the site's 4th Street frontage. An 8' wide bikepath is required along the site's 4th Street frontage, and must be installed prior to issuance of a certificate of completion for the project. •Plan Development Special Exception: 18. Landscaping/Buffering/Lot Dimension: Compatibility standards for a PD such as this one require a 25' wide perimeter setback as well as perimeter buffer areas. The submitted PD preliminary plan/plat depicts the required 25' wide setback and appropriate buffers. The landscaping plan submitted with the PD preliminary plat meets the landscaping requirements of LDR Chapter 926 and the PD buffer standards of LDR section 915.16. Note: The largest lots are proposed to be located along the project perimeters, especially along the eastern perimeter abutting RS -3 zoning. The smallest lots are located away from the perimeters, internal to the project. In addition, pools and related structures (e.g. screen enclosures) are proposed to be set back a minimum of 25' along the perimeter rear yards. Normal LDR provisions would allow such structures to be located to within 10' of the perimeter. 19. Waivers and Compatibility: Through the PD process, the applicant has requested waivers from the LDR standards. The applicant has requested the following waivers: 1. Reduce the minimum lot size from 12,000 square feet to 9,830 square feet minimum for interior lots of the project. 2. Reduce the minimum side yard setback from 15' to 10' for all lots within boundaries of the project. Through the LDRs, PD projects may be allowed waivers and design flexibility for providing buffering, recreation areas, pedestrian walkways, and other improvements that exceed normal subdivision requirements. At staff's suggestion, the applicant has agreed to provide for a pedestrian interconnection to the adjacent RS -3 zoned property to the east. It is staff's position that this project is compatible with the surrounding area. In staff's opinion, this project and the requested waivers are justified for several reasons. First, a significant portion of the project is made up of common lake and common recreation/open space. These areas contribute toward the overall project's open space rather than being distributed in small portions throughout all or most of the project's lots. DECEMBER 17, 1996 53 - PqL1- DO RS -3 Internal North South Fast West Perimeter Criteria Lots Perimeter Perimeter Perimeter Lots Lots Late Lots Lot Width- 80t 25' 85' 90' 150. 85' - 150, i rear Number of lots 108 Be 17 15 8 10 House sideyard 15' 10' 10' 10' 10' 10' setback 15' 10' 10' 10' 10' 10' Through the LDRs, PD projects may be allowed waivers and design flexibility for providing buffering, recreation areas, pedestrian walkways, and other improvements that exceed normal subdivision requirements. At staff's suggestion, the applicant has agreed to provide for a pedestrian interconnection to the adjacent RS -3 zoned property to the east. It is staff's position that this project is compatible with the surrounding area. In staff's opinion, this project and the requested waivers are justified for several reasons. First, a significant portion of the project is made up of common lake and common recreation/open space. These areas contribute toward the overall project's open space rather than being distributed in small portions throughout all or most of the project's lots. DECEMBER 17, 1996 53 - PqL1- DO RS -3 Internal North South East West Perimeter Criteria Lots Perimeter Perimeter Perimeter Lots Lots Lots Lots House: front 25' 25' 25' 25' 25' 251 i rear setbacks Pools: Sides 15' 10' 10' 10' 10' 10' Rear: 10' 10' 10• 10' 10' 30' Lot Size 12,000 sq. 9,830 sq. 11,475 sq. 11,500 sq. 14,000 sq. 10,000 sq. ft. ft.+ ft.+ ft.+ ft.+ ft.+ Setback and None N/A 25' 25' 25' 25' Perimeter buffer Type B with 24' arterial transition Type B with 61- 61 opaque setback late opaque feature, feature Through the LDRs, PD projects may be allowed waivers and design flexibility for providing buffering, recreation areas, pedestrian walkways, and other improvements that exceed normal subdivision requirements. At staff's suggestion, the applicant has agreed to provide for a pedestrian interconnection to the adjacent RS -3 zoned property to the east. It is staff's position that this project is compatible with the surrounding area. In staff's opinion, this project and the requested waivers are justified for several reasons. First, a significant portion of the project is made up of common lake and common recreation/open space. These areas contribute toward the overall project's open space rather than being distributed in small portions throughout all or most of the project's lots. DECEMBER 17, 1996 53 - PqL1- DO 00 PAGi 61 Second, project perimeter buffering provides physical screening and separation from adjacent properties and 4th Street right-of-way. Such PD buffering features will provide screening for sight and noise. Third, lot dimensions along the perimeter of the project have been designed to provide lots comparable to normally sized RS - 3 lots. Also, the smallest project lots are located internally to the project away from adjacent property owners. RECOMMENDATION: Based upon the analysis performed, staff recommends that the Board of County Commissioners grant the requested PD special exception approval and corresponding request for waivers with the following conditions: 1. That prior to the issuance of a land development permit for the project, the applicant shall: a. Apply for and obtain from planning staff a mining permit exemption subject to the criteria of LDR section 934.04(7)(b). b. Obtain approval from the county for the design of the 4th Street eastbound left turn lane improvements at the intersection of 4th Street and the project entrance road. C. Depict the required 8' wide bikepath along the site's 4th Street frontage. 2. That prior to the issuance of a certificate of completion for Phase 2 of the project: the deceleration and turn lane improvements at the intersection of 4th Street and the project entrance road shall be completed, and deemed acceptable by the public works department. 3. Caribbean Fruit Fly host plants shall be prohibited within the Stonebridge North PD with said prohibition enforceable through county code enforcement action. In addition, the developer shall include in the covenants and deed restrictions filed with the final plat a section that restricts the use of ornamental and exotic plants that are known host plants for insects which may infest citrus trees. Planning Director Stan Boling reviewed the project and advised that most of the lots exceed or are close to RS -3 requirements, 2.9 units per acre. Director Boling also noted a correction to be made to the chart on Page 6 of the Memorandum - the lot size of the west perimeter lots should read 1114,000" rather than 1110,000" square feet. Chairman Adams questioned how many minimum sized lots were included, and Director Boling advised there were 58 internal similarly sized lots. 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. DECEMBER 17, 1996 54 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously granted the PD special exception and preliminary plat approval for the development to be known as Stonebridge North, with the conditions recommended by staff. SECOND PUBLIC BEARING - LDR AMENDMENTS NOT RELATED TO COMMUNICATIONS TOWERS %, -Preto 3ournat- COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K Hicks who on oath says that he is President of the Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that ML M billed to!j�] Sh9Z was published in said newspaper in the issue(s) of J� Sworn to and subscribed before me this day o A/. Ri A PR �a`',., President % Sn\DRAG [' PRESCQ.';C7ik1'P':8 ir_. My Comm. Expires : c Stem of Florida. -MV AuSust 25. 199'7 August 25,1997 _ Co-=Isslor .''umber CC31,)6a3 No. CC310845 "tS'j• ��Q •�• Sign Cdii l/ t, �. �y viFOFo�•. VnTan: SAM1D2i 1. PRE3C (SEAT) T,..,.,."..a . DECEMBER 17, 1996 55 NOTICE OF PUBLIC HEARING NOTICE OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRS) CHANGING THE LIST OF PERMITTED USES WITHIN THE CL ZONING DISTRICT, AND AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 953, FAIR SHARE ROADWAY IMPROVEMENTS; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATIONS, SEVERABILITY AND EFFECTIVE DATE. THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROPOSES TO ADOPT AN ORDINANCE AMENDING THE PERMITTED USES ALLOWED WITHIN THE CL ZONING DISTRICT. THE PROPOSED AMENDMENT WOULD ALLOW CAR WASHES (NO REPAIRS) AS A PERMITTED USE WITHIN THE CL DISTRICT. THIS AMENDMENT AND SIX OTHER AMENDMENTS WILL BE CONSIDERED FOR ADOPTION, AS FOLLOWS: 1. Allowing car washes (no repairs) in the CL (Limited Commercial) zoning district as a permitted use (Chapter 911). 2. Restatement of special setbacks for utility sheds (Chapter 912). 3. Modifications to extend land development permit and prelimi nary plat approval time frames (Chapter 913). 4. Referencing "fueling position" rather than "pump" regarding the traffic impact fee category for gasoline sales (Chapter 953). 5. Minor revisions/update of handicap parking requirements (Chapter 954). 6. Clarification of concurrency criterion for accessory dwelling units (Chapter 971). 7. Codification of the adopted Wabosso Corridor Plan devel opment requirements (Chapter 911). A PUBLIC HEARING ON THE ORDINANCE AMENDING USES WITHIN THE CL ZONING DISTRICT, AND THE OTHER DESCRIBED AMENDMENTS, WILL BE HELD ON WEDNESDAY, DECEMBER 4, 1996 AT 5:01 P.M. AND ON TUESDAY, DECEMBER 17, 1996 AT 9:05 A.M. AT THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, 1840 25TH STREET, VERO BEACH, FLORIDA. A COPY OF THE PROPOSED ORDINANCE WILL BE AVAILABLE FOR THE PUBLIC BEGINNING NOVEMBER 26, 1996 IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY ADMINISTRATION BUILDING LOCATED AT 1840 25TH STREET, VERO BEACH, FLORIDA. CITIZENS SHALL HAVE AN OPPORTUNITY TO BE HEARD AT THE PUBLIC HEARINGS. THE PROPOSED ORDINANCE, IF ADOPTED, WOULD BE EFFECTIVE IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, AS DEPICTED ON THE LOCATION MAP SHOWN BELOW. Please direct planning -related questions to the current development planning section at 567-8000, ext. 242. 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Fran B. Adams, Chairman PAG, A h INO..M "IVE" COYNT •- —co"Eo".TED ."E. Please direct planning -related questions to the current development planning section at 567-8000, ext. 242. 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Fran B. Adams, Chairman PAG, A The Board reviewed a Memorandum of December 10, 1996: TO: James E. Chandler County Administrator D ION HEAD CONCURRENCE: obert M. Keating, AICP,� Community Develop m nt EU&ector 4 r. FROM: Stan Boling, AICP Planning Director DATE: December 10, 1996 SUBJECT: Second Hearing for LDR Amendments Not Related to Communications Towers It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 1996. BACKGROUND: At its special hearing of December 4, 1996, the Board of County Commissioners reviewed and considered a draft ordinance covering the following topics: 1. Modifications to extend land development permit and preliminary plat approval timeframes. 2. Restatement of special setbacks for utility sheds. 3. Minor revisions/update of handicap parking requirements. 4. Clarification of concurrency criterion for accessory dwelling units-.- 5. nits.5. Referencing "fueling position" rather than "pump" regarding the traffic impact fee category for gasoline sales. 6. Allowing car washes in the CL (Limited Commercial) zoning district as a permitted use. 7. Codification of the adopted Wabasso Corridor Plan development requirements. At that hearing, after discussion, the Board found the draft ordinance to be acceptable and announced its intention to take final action on the proposed ordinance at its December 17, 1996 meeting. The Board now needs to take final action. ANALYSIS: As stated by staff at the December 4th hearing, each graphic (figure) associated with the Wabasso Corridor Plan codification has been labeled for convenience and easy reference. Staff has prepared the ordinance in final form, and it is ready for adoption. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached ordinance amending the county LDRs (land development regulations). Planning Director Stan Boling advised that no changes were made subsequent to the special hearing of December 4, 1996 and the ordinance is now in final form. — DECEMBER 17, 1996 56 P 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. Commissioner Eggert directed staff to capitalize "Board of County Commissioners" and "Planning and Zoning Commission" wherever they appear in the documentation. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Ordinance 96-24 amending the Land Development Regulations (LDRs), changing the list of permitted uses within the CL Zoning District, and amending the following Chapters of the Land Development Regulations (LDRS): Chapter 911, Zoning; Chapter 912, Single Family Development; Chapter 913, Subdivisions and Plat; Chapter 953, Fair Share Roadway Improvements; Chapter 954, Off -Street Parking; Chapter 971, Regulations for Specific -Land Use Criteria; and providing for repeal of conflicting provisions, codifications, severability and effective date. ORDINANCE NO. 96- 24 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS (LDRS) CHANGING THE LIST OF PERMITTED USES WITHIN THE CL ZONING DISTRICT, AND AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 953, FAIR SHARE ROADWAY IMPROVEMENTS; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATIONS, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that the Indian River County land development regulations (LDRS) be amended as follows: 1. MODIFICATIONS TO EXTEND LAND DEVELOPMENT PERMIT AND PRELIMINARY PLAT APPROVAL TIMEFRAMES: a. Land Development Permits (J) Section 913.07(5)(J) of the subdivision ordinance is hereby amended as follows: DECEMBER 17, 1996 57 PA,. P.� 64 65 ORDINANCE NO. 96- 24 Preliminary plat with which the permit is associated, whichever is less. During the period of time that the permit is valid, construction of subdivision improvements may occur in accordance with the issued permit, subject to the developer maintaining valid jurisdictional agency and department permits required for various activities (e.g. utility permits). If the initial land development permit (or a subsequent land development permit) expires and further construction of 'subdivision improvements is necessary—' then the developer shall either: 1. Apply for and obtain a new land development permit, or 2. Apply to the public works director or his designee =or an extension of the land development permit. Said extension request may be granted by the public works director or his designee for a specified period of time if: A. The request is submitted in writing prior to expiration of the permit, and b. Staff determines that no substantial re -design of the project would be necessary if a new permit were to be applied for and obtained b. Preliminary Plat Approvals Section 913.07(4)(J) & (K) of the subdivision ordinance is hereby amended as follows: (J) Time limit. 1. The preliminary plat approval shall be valid for a period of • ._M five (5) years from the date it is approved by the Planning and Zoning Commission or, if appealed, when approved by the Board of County Commissioners. .. (K) 2. Notwithstanding these limitations, an applicant may intentionally phase a project (multiple phases) with specific development timeframes that are approved as part of the preliminary plat application request. Development phasing may not cover a period exceeding twenty (20) years. Preliminary plat approval for a multi -phased project may exceed the five (5) year time limit referenced above if the first phase of the project is constructed, and inspected by the county and verified as complete within five 5 ears from the date of preliminary plat approval.• -� • Preiiminary plat approval will lapse if the approved phase timeframes are exceeded, unless extended by the Planning and Zoning Commission as provided for in section 911.07(4)(k), below. Modifications to Extend Approved Schedules for Multi - Phased Projects. Modifications to extend approved schedules for multi -phased projects may be approved by the Planning and Zoninq Commission if the Planning and DECEMBER 17, 1996 58 s � ORDINANCE NO. 96- 24 Zoning Commission that no substantial re- neces rPouiations in effect at the time of the extension extens schedule hp modified so as to cover a period of more than 2. RESTATEMENT OF UTILITY SHED SETBACK: Section 912.07(b)6.j. of the single family ordinance is hereby amended to read as follows: j. Utility buildings. Utility buildings or sheds of one hundred (100) square feet or less may be located within a required side or rear yard, provided a minimum of five (5) feet is maintained from the side or rear property line and the utility building or shed is clear of all easements. Only one such utility building or shed may be allowed to encroach into a required yard on a single lot or parcel of land. A utility building or shed (one hundred (100) square feet or less) that is to be located to within five (5) feet of a side or rear property line shall be located no closer than ten (10) feet to the principal structure and shall not exceed the height of the principal structure. (Refer to Chapter 917 regulations for accessory storage buildinas.l 3. MEDICAL HANDICAP PARKING Section 954.05(36) of the off-street parking ordinance is hereby amended to read as follows: (36) Medical and dental offices and outpatient clinics. General requirement of one (1) space per one hundred and seventy-five (175) square feet of gross floor area. FAG DECEMBER 17, 1996 59 �� � 4. 5. 6. PAG,67 ORDINANCE NO. 96- 24 ACCESSORY DWELLING UNIT CONCURRENCY CRITERION Section 971.41(10)(e)12. of the specific land use criteria ordinance is hereby amended to read as follows: 12. "FUELING POSITION" LDR CHANGES The "Gas Stations" category wording in the fee schedule table at the end of Chapter 953, Fairshare Roadway Improvements, is amended to read as follows: Type of Land Development Activity Gas Stations (per = fuelingpositions) .... [Editor's Note: no changes to TIF rates are proposed] ALLOWING CARWASHES IN THE CL DISTRICT Amend a portion of the section 911.10(4) use table, as follows: DECEMBER 17, 1996 60 L_J PRO OCR MED CN CL CG CH Automotive Dealers and Services New and used cars - - - _ _ P P dealers Used vehicle sales - - - - - S A Auto and home - - _ _ p P P supply stores Gasoline service - - - - A P P stations Boat sales and - - - - - A P rentals Recreational - - vehicle sales - - - A A Motorcycle dealers - - - _ _ P P Automotive fuel A P P - - - A sales Commercial marina - - - _ _ A P Marine repair and - - - - - A P service DECEMBER 17, 1996 60 L_J ORDINANCE NO. 96-24 P = Permitted Use, A = Administrative Permit Use, S = Special Exception Use 7. WABASSO CORRIDOR PLAN LDR Chapter -911 of the zoning ordinance is hereby amended to establish section 911.18, as follows: Section 911.18 Wabasso Corridor Regulations Purpose and Intent The overall purpose and intent of these regulations is to: J�.j Preserve and enhance the appearance of the Wabasso Corridor Jbi Recognize and enhance the character of the Wabasso community icl Increase property values in the Wabasso corridor u Prevent the establishment of incompatible land uses and unattractive developments in the corridor Make the Wabasso Corridor area consistent with the following vision statement: Wabasso will retain the feeling of an uncluttered, well maintained small town. Through attractive landscanine --- •_�` ..,.W a.a,.uiai LjrauL ana scenic vistas that give Wabasso its special character. Additionally, this area will be characterized by safe uncongested roads and by a mix of uses including large and small businesses and a variety of residential options. Boundaries of the Wabasso Corridor The boundaries of the Wabasso Corridor are as shown on the county's official zoning atlas. Generaliv_ r_r,a t,.,,,,,.a-4ee _.._ ��i=cam �•• »ui ozreet ana giong CR 510 from 66th Avenue to the Atlantic Ocean. -L3 I Specific Development Regulations Within the Wabasso Corridor In the Wabasso Corridor, the following special regulations shall apply to new non-residential development that requires major site plan ap roval DECEMBER 17, 1996 61 FAQ„ Fjf PRO OCR MED CN CL CG CH Auto Repair, Services and Parkin Automotive rentals - - - - - P P Automobile parking - - - - - P P and storage Body and paint - - - - - - P shops General automotive - - - - - P P repair Carwashes no - - - - P P P repairs Automotive fluid - - - - A A P sales and services (other than gasoline) P = Permitted Use, A = Administrative Permit Use, S = Special Exception Use 7. WABASSO CORRIDOR PLAN LDR Chapter -911 of the zoning ordinance is hereby amended to establish section 911.18, as follows: Section 911.18 Wabasso Corridor Regulations Purpose and Intent The overall purpose and intent of these regulations is to: J�.j Preserve and enhance the appearance of the Wabasso Corridor Jbi Recognize and enhance the character of the Wabasso community icl Increase property values in the Wabasso corridor u Prevent the establishment of incompatible land uses and unattractive developments in the corridor Make the Wabasso Corridor area consistent with the following vision statement: Wabasso will retain the feeling of an uncluttered, well maintained small town. Through attractive landscanine --- •_�` ..,.W a.a,.uiai LjrauL ana scenic vistas that give Wabasso its special character. Additionally, this area will be characterized by safe uncongested roads and by a mix of uses including large and small businesses and a variety of residential options. Boundaries of the Wabasso Corridor The boundaries of the Wabasso Corridor are as shown on the county's official zoning atlas. Generaliv_ r_r,a t,.,,,,,.a-4ee _.._ ��i=cam �•• »ui ozreet ana giong CR 510 from 66th Avenue to the Atlantic Ocean. -L3 I Specific Development Regulations Within the Wabasso Corridor In the Wabasso Corridor, the following special regulations shall apply to new non-residential development that requires major site plan ap roval DECEMBER 17, 1996 61 FAQ„ Fjf -U P Fac. 6 9 ORDINANCE NO. 96- 24 jai Prohibited Uses: The following land uses shall be prohibited: 1. Outdoor display of automobiles/motorized vehicles for sale or rental; 2. Outdoor display of mobile homes for sale or rental; 5. Outdoor display of boats for sale or rental; 4. Drive-in theaters; 5. Recycling centers; 6. Transmission towers; 7. Flea markets; 8. Transient merchant uses: and 5. Temporary sales events that require temporary use permits and are conducted outside of enclosed buildings. Specifically, there shall be no outside display of merchandise on public sidewalks (within public rights-of-way or easements) or rights-of-way. Outside display of merchandise shall be allowed on private property; provided, however, that outside display of merchandise is allowed only on sidewalks abutting buildings occupied by the business displaying the merchandise All other uses shall comply with applicable zoning district regulations. Restricted Uses: Within the plan area, vehicle bays or stalls such as those associated with vehicle repair and car wash uses are allowed IF such bays or stalls are oriented and screened from view of US 1 and CR 510. Free-standing on-site signs: Within the plan area, free-standing, on-site signs shall be limited to a maximum height of 10' above the parking lot grade and shall be ground mounted (monument style) or may be supported by a ole(s) if, at the time of certificate of occupancy (C.O.) issuance, such supports are completely screened from view by berming and/or landscaping. Said berming and/or landscaping shall cover the entire area underneath the siqn. A 1' setback from the right-of-way line is required for free-standing on-site signs. Also, free-standing on-site signs for non-residential complexes (such as shopping centers) shall be limited to an area of 120 square feet for sites between 5 and 20 acres in size, and 160 square feet for sites more than 20 acres in size. All other countywide sign regulations of LDR Chapter 956 shall apply. (See Figure F-1 at End of Section 911.18), Roofs: All buildings and accessory structures within the plan area shall have sloped roofs (slope pitch at least 4:12) visible from every direction, unless a visible flat roof, parapet roof, or other such roof design is determined by the community development director or his designee to be an integral feature of a recognized architectural style. All buildings and accessory structures may have flat roof systems where flat roof areas are not visible at 6' above grade from all directions. (See Figures F-2 & F-3 at End of Section 911.18) (e) Colors: Colors of buildings and accessory structures within the plan area shall be earth -tones or pastels The selection of earth -tones shall include the following colors: 1. Any tint or tone of brown, including beige, tan, ocher and olive. 2. Any tone of green, having a minimum black content of six (6) percent. DECEMBER 17, 1996 62 ORDINANCE NO. 96- 24 3. Any tone of orange (warm red and yellow base), having a minimum black content of three (3) percent. 4. Any warm or cold shade of gray. 5. Any tone of yellow, having a minimum black content of five (5) percent. 6. Any tone of warm red, having a minimum black content of five ( 5 ) percent and a minimum of red content of forty-five (45) percent 7. White. Earth tones shall not include any metallic colors The selection of pastels shall be limited to those colors having a minimum white content of 90%Other colors, excluding flourescents, may be permitted as accent colors, not to exceed 20% of the surface area of any one elevation. Where other colors are used in a facade sign, the area of the facade sign shall be included in the 20% limitation on the accent color surface area. The requirement for earth -tones and pastels shall not apply to colors commonly found in natural materials such as brick or stone unless such material has been artificially colored in a manner which would be contrary to the intent of these regulations jfj Special screening: Within the plan area, mechanical equipment (ground, building, and roof mounted) including air conditioning units, pumps, meters, walk-in coolers, and similar equipment shall be visually screened from surrounding properties and roadways using architectural features, fencing, walls, or landscaping. Provided with a solid wall at least 8' in height above the loading area grade to buffer adjacent roadways and residentially designated sites from noises and sights associated with docks. Man-made opaque screens which are visible from any public or private right-of-way or street, or any residentially designated area, shall be constructed of a material which is architecturally similar in design color and finish to the principal structure. igl US 1 and CR 510 Landscape Buffer: Within the plan area the following landscape requirements shall apply: The county -wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein The following landscape buffer shall be provided along the entire length of a site's CR 510 and US 1 frontages, except for approved driveways: Minimum Planting/Berm Buffer Width Requirements per 100' 4 canopy trees 5 understory trees 20' or more Continuous hedge*: 111-21' high at planting Berm: W-31 high* 4.5 canopy trees 5.5 understory trees 15' Continuous hedge*: W-31 high at planting Berm: 11-2V high* DECEMBER 17, 1996 63 FAGS L- ORDINANCE NO. 96- 24 5 canopy trees 6 understory trees 10' Continuous hedge*: 22'-3' high at planting Berm: 1'-1$' high* *NOTE: The intent of the hedge and berm combination is to provide a visual screen 4' high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a 4' visual screen. Undulations in the berm and corresponding hedge height are encouraged. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged except where used to emphasize a particular planting theme or development style. (See Figures F-4 & F-5 at End of Section 911.18) jhl Landscape Buffer Along Other Streets in the Corridor• In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, such landscape strips within the corridor must also contain 2 understory trees for every 30 lineal feet of the required landscape strip. ,til Landscape Buffer Along Commercial/Residential Border• Within the corridor, where compatibility buffer yards are required by Chapter 911 regulations 2 additional --understory trees per 30 -lineal feet of required buffer strip shall be provided. Foundation Plantings: Along the front and side faces of buildings that are adjacent to US 1, CR 510, or local road rights-of-way, foundation plantings shall be Provided and maintained in landscape strips having a minimum width of 51, measured perpendicular to the building face. Forty percent (40%) of the foundation perimeter (excluding entranceways and overhead doors) along the building's front and sides shall be planted with shrubs and/or flowers. For example, if a building has front and side perimeters that measure 100' (excluding entranceways and overhead doors), then 40% of the building's perimeter must have a 5' wide foundation planting landscape strip located along the front and sides of the building. One (1) understory tree shall be provided for every 25 lineal feet of the required foundation planting strip The planting strip shall be planted with the required understory trees plus at least 2 shrubs and/or flowering plants for every 10 square feet of required strip area Foundation plantings shall be located between the building face and the adjacent roadwav and any intervening parking area Understory trees may be clustered. (See Figure F-6 at End of Section 918.18) (k) Landscape Planting Theme Requirements• All property adjacent to US 1 and CR 510 within the corridor has been placed into one of four landscaping theme categories Within each theme category, required landscape plantings shall be limited to certain species, as speci-fied below, with the exception that sod, annuals or hardscape may be used in groundcover areas DECEMBER 17, 1996 64 2. ORDINANCE NO. 96- 24 Formal Palm Theme: CR 510 between Massey Road and the eastern foot of the bridge Street Tree: (Canopy, Min. 8' Clear Trunk) Washingtonia robusta Washington Palm Supporting Shade Tree: (Canopy, Min. 12'-14' Height. x 6' Spread) Quercus virginiana Live Oak Accent Trees: (Understory, Min. 8' Height x 4'-6' Spread) Ligustrum lucidum Nerium oleander Myrica cerifera Shrubs: (Min. 24" Height) Nerium oleander Myrica cerifera Ligustrum lucidum Viburnum suspensum Coccoloba uvifera Livistona chinensis Tree Ligustrum Oleander Tree Wax Myrtle Oleander Wax Myrtle Ligustrum Sandankwa Viburnum Seagrape Chinese Fan Palm Groundcover: (Min. 10"-12" Heiaht Raphiolepis indica Indian Hawthorn Ilex vomitoria Yaupon Holly Liriope muscari Evergreen Giant "Evergreen Giant". Liriope Pittosporum tobira Variegated "variegata" Pittosporum Pittosporum tobira Green Pittosporu Ixora "Nora Grant" Nora Grant Ixora Carissa grandiflora Natal Plum Informal Palm Theme: SR AIA/CR 510 intersection west to the eastern foot of the bridge Street Trees: (Canopy, 10'-16' Clear Trunk) Washingtonia robusta Washinqton Palm Sabal palmetto Cabbage Palm Supporting Shade Tree: (Canopy, 12'-14' Height) Quercus virginiana Live Oak Accent Trees: (Understory, Min. 8' Height x 4'-6' Spread) Nerium oleander Myrica cerifera Ligustrum lucidum Shrubs: (Min. 24" Height) Scaevola Nerium oleander Elaeagnus Myrica cerifera Liqustrum lucidum Viburnum suspensum Tripsacum dactyloides Coccoloba uvifera Oleander Tree Wax Myrtle Tree Ligustrum Inkberry Oleander Silverthorn Wax Myrtle Liqustrum Sandankwa Viburnum Fakahatchee Grass Seagrape Groundcover: (Min. 10"-12" Heiaht Lantana Lantana Liriope muscari Evergreen Giant "Evergreen Giant" Liriope Carissa grandiflora Natal Plum Pittosporum tobira Variegated "variegata" Pittosporum Ilex vomitoria Yaupon Holly Raphiolepis indica Indian Hawthorn DECEMBER 17, 1996 65 PAS �� 3. 4. ORDINANCE NO. 96-24 Theme: US 1 f rom 84 Ra 4, PAC11, r7 Street Trees: (Canopy, Min.14' Height x 6'-7' Spread 21"-3" Cal.) Quercus laurifolia Quercus virginiana Laurel Oak Live Oak Accent Trees: (Understory, Min. 8' Height x 4'-6' Spread) Lagerstroemia indica Crape Myrtle Myrica cerifera Wax Myrtle Ligustrum lucidum Tree Ligustrum Ilex attenuata "East Palatka" East Palatka Holly Nerium oleander Oleander Tree Shrubs: (Min. 24" Height) Viburnum suspensum Ligustrum lucidum Viburnum odoratissimum Myrica cerifera Sandankwa Viburnum Ligustrum Sweet Viburnum Wax Myrtle Groundcover: (Min. 10"-12" Height) Raphiolepis indica Ilex vomitoria Liriope muscari "Evergreen Giant" Hemerocallis spp. Juniper chinensis "parsonii" Hymenocallis latifolia Ixora "Nora Grant" ro Indian Hawthorn Yaupon Holly Evergreen Giant Liriope Daylily Parson's Juniper Spider Lily Ixora Nora Grant Theme: CR 510 wes Street Trees: (Canopy, 10'-16' Height) Pinus elliottii Slash Pine - Quercus virginiana Live Oak - Quercus laurifolia Laurel Oak Sabal palmetto Cabbage Palm Accent Trees: (Understory, Min. 8' Height x 4'-6' Spread) Ilex cassine Dahoon Holly Myrica cerifera Wax Myrtle Ligustrum lucidum Tree Ligustrum Lagerstroemia indica Crape Myrtle Ilex attenuata "East Palatka" East Palatka Holly Shrubs: (Min. 24" Height) Crinum spp. Elaeagnus pungens Syzygium Paniculata "myrtifolia" Livistona chinensis Myrica cerifera Philodendron selloum Viburnum odoratissimun Viburnum suspensum DECEMBER 17, 1996 66 Crinum Lily Silverthorn Eugenia myrtifolia Chinese Fan Palm Wax Myrtle Philodendron Sweet Viburnum Sandankwa Viburnum r ORDINANCE NO. 96- 24 Groundcover: (Min. 10"-12" Height) Nephrolepis Swordfern Liriope muscari Evergreen Giant "Evergreen Giant" Liriope Hymenocallis Latifolia Spider Lily Pittosporum tobira Variegated "Variegata" Pittosporum Lantana Lantana Juniperus chinensis Parson's juniper "parsonii" Dietes vegeta African Iris Review of Development Projects by Wabasso Task Force Members Kembers of the Wabasso Corridor Task Force are authorized to review and comment on development project proposals within the Wabasso Corridor. Task Force members will be notified by planning staff regarding pre -application conferences and TRC meetings at which proposals for development within the corridor are reviewed and commented upon. Staff and Wabasso Corridor Task Force members will work with applicants to ensure that every effort is made to save protected trees. No protected trees shall be removed unless it is absolutely necessary to accommodate a proposed site plan. In addition staff and task force members will encourage developers to follow the voluntary architectural guidelines found in the Wabasso Corridor Plan. Special Regulations for Minor Site Plan Projects In the Wabasso Corridor Plan area, non-residential development and re -development that requires minor site plan approval shall comply with the previously described special regulations for new major development, WITHIN THE MINOR SITE PLAN PROJECT'S AREA OF DEVELOPMENT/ REDEVELOPMENT. Theproject's area of development/redevelopment is the area of the site containing buildings, additions structures, facilities or improvements proposed by the applicant or required to serve those items proposed by the applicant. As an example, a small building addition that requires additional parking spaces would result in a project area of development/redevelopment that includes the addition AND the parking lot addition and adjacent required Nonconformities Within the Wabasso Corridor Plan area, legally established existing development and uses that existed prior to November 21, 1995 that do not comply with these special regulations are grandfathered -in under the countywide nonconformities regulations of LDR Chapter 904. All nonconforming uses and structures are governed by the LDR Chapter 904 regulations. Variances (a) Variances from these special corridor regulations shall be processed pursuant to the procedures and timeframes of Section 70.001, Florida Statutes The Planning and Zoning Commission shall recommend variances to the Board of County Commissioners for final action. The Planning and Zoning Commission is authorized to propose settlements of claims under Chapter 70, Florida Statutes, through any means set out in Section 70.001(4)(c). FAQ:- � DECEMBER 17, 1996 6 w� PAC,:- ORDINANCE al, ORDINANCE NO. 96- 24 c) Criteria. The Planning and Zoning Commission shall not approve a variance or other proposal for relief unless it finds the following: 1. The corridor regulation directly restricts or limits the use of real property such that the Droperty owner is permanently unable to attain for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole; or 2. That the Droverty owner is left with existin or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large; and 3. The relief granted protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the corridor regulations from inordinately burdening the real property. Voluntary Guidelines (aZ tial subdiv The f are esi tectural t o ing area .andscape .0. [idelines vate and Wabasso Corridor as a cohesive, functional and aesthetic whole. The guidelines contain standards addressing components of the physical development of structures in the corridor. Based upon location, historv. environmental attributes, historic resources and character, these guidelines ref an architectural theme using elements f throughout Florida's past, referred to as Florida" style. 1. General Criteria Besides defining the communitv's low densit low rise character, building heights should relate to open spaces to allow sufficient light and ventilation, effective use of prevailing winds for cooling, enhancement of views and minimizing the obstruction of views to adjoining structures and other locations. Buildings should be designed to lessen the appearance of excessive bulk. Ostentatious or overly -prominent building shapes that are out of harmony in context with their visual environment, including adjacent structures and the landscaped framework, are discouraged. The surfaces of enclosing walls of large-scale commercial structures should incorporate elements relating to the scale of pedestrian movement and view. Vertical enclosing walls should be sub -divided into clearly visible bays, each a minimum of 60 feet in width. The use of the following devices for establishing scale is encouraged: a. Textured surfaces; S-7 Scored joints; C. Surface articulation or subdivision of vertical surfaces into distinct areas; - d. Rhythmic use of openings (doors, windows, etc. DECEMBER 17, 1996 68 r ORDINANCE NO. 96-24 e. Scale and proportion of facade; f. Use of signage to establish scale and proportion; _q. Installation of landscape elements in front of walls to break up long wall expanses and sloped or otherwise articulated roof lines to develop visual interest at the roof level. 2. Specific Criteria a. Roofs: The use of vernacular materials such as standing seam metal or wood shake shingles is encouraged. Roof pitch should range from 8:12 to 12:12 for primary roofs, and lower pitch for arcades or overhangs. b. Doors/Windows: Doors and windows should be symmetrical in placement, and should be true divided lite. Casing trim should be 4"-6" and workable shutters sized to fit windows are encouraged. c. Siding: Siding should be wood horizontal or vertical boards or shake. d._ Porches/Arcades: The use of wide overhangs which create porch or arcade - like features is strongly encouraged. For instance. commercial buildings should minimum or LUI wide. This width accommodates 2-3 abreast pedestrian traffic while allowing for entrance door swing area. Awnings are also encouraged to add color and textural interest to buildings. e. Cornice Detailing: Open exposed rafter tails are encouraged. f. Lighting: The use of thematic lot lighting and signage is encouraged. [Editor's Note: graphics to be inserted at end of section 911.18 follow immediately after this page.] Coding: Words in . - : type are deletions from existing law. Words underlined are additions. DECEMBER 17, 1996 69 PAL ORDINANCE NO. 96-24 "F-1: FREE-STANDING SIGNS" S�r � G4SF 1'YF'IG.4L v SASE s , LKeN�IMENt SlroN 8� .ryr. DECEMBER 17, 1996 70 'i MWC(KW 946(1 (Alit BUD Va IICENTERII 0 No4{IBITw S46N Pon "77 ORDINANCE NO. 96-24 nc 01. Dr1/ILCM SIDE VIEW tilm N PLAT 4th C�l(oir J Ff oNT \o QQ F"o"r VIEW DECEMBER 17, 1996 71 ° a 0 PAC .-70 ORDINANCE NO. 96-24 "F-3: ROOFS" ANd 'YES` (Aaw-4 DECEMBER 17, 1996 72 0 r ORDINANCE NO. 96-24 "F-4: U.S.1 & C.R.510 BUFFER" too` --I I 7 \ q..VOY`/� 1 ri c V x x A DECEMBER 17, 1996 73 i ORDINANCE NO. 96-24 "F-5: U.S.1 & C.R.510 BUFFER" s I Yi- V)ilc,A Bug 1'- 2Ys F416l� DECEMBER 17, 1996 74 ORDINANCE NO. 96-24 "F-6: FOUNDATION PLANTINGS" OPMOV141 i�(L uNn�s�ro�Y t� DECEMBER 17, 1996 75 ORDINANCE NO. 96- 9a 8. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 9. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. 10. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 11. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 17 day of December , 1996. This ordinance was advertised --in the Vero Beach Press -Journal on the 22 day of November , 1996, and on the 1 () day of December , 1996, for public hearings to be held on the 4 day of December , 1996, and on the 17 day of December , 1996 at which time at the final hearing it was moved for adoption by Commissioner _ Eoaert , seconded by Commissioner Tiooin , and adopted by the following vote; Chairman Fran B. Adams Ave Vice Chairman Carolyn K. Eggert Ave Commissioner John W. Tippin Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye DECEMBER 17, 1996 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY �a� Fran B. Adams, Chairman 76 i ORDINANCE NO. 96- 24 ATTEST BY: Jef K. Bart lerk Acknowledgement by the Department of State o the State of Flor d this day of , 1996. Effective Date: Filed with the Department of State on the day of , 1996. APPROVED AS TO LEGAL FORM William G. Collins II Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keatin AI CP Community Development/ irector u\c\6\1dr\1296.0rd Coding: Words in .. '. . type are deletions from existing law. Words underlined are additions. ` F.ti;a DECEMBER 17, 1996 77 FAC i. PUBLIC HEARING - INDIAN RIVER COUNTY COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press -Journal, a daily newspaper published at Vero Beach In Irxfian River County, Florida; that the attached copy of advertisement, being in the matter of In the Court, was twb- fished in said newspaper in the issues ofyi Affiant further says that the said Press-Joumal 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 math at the post Office In Vero Beach, In said Indian River County, 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 reicher paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. PdaNUHr P' p�y"a P�4 ONbefore me da Of � tt1is--L= y� �_11.D. ,��P••• l�ti moi./ Ift• i i My Comm. Expires : _ (Presdent) _ August 25, 1997 sSArDRAA. PRESCoTT. YOTARYPGBUC, a Staff of Sort& rk Comm sston Eq. August 26. IE*--.yu'� ' a W. CC310ti45 i •!SEAL) •• c 4� zT vol+p�a Stgtted. A A. PRESCOT r otar.•: SAI�t^.? NOTICE OF PtN= NEARM To ADOPT AND TAANNUTHEPROPOSED EVALUATION AND APPRAISAL REPORT pq FOR THE INDIAN RIVER COUNTY A pubk heerft will the eB�Boyerd of Canty � c�rtbes, of tin Bviidrat 1840 22 Street, Vero Be d. a may. Downber or 17, 1996, at 9:05 a.m. At tits p l* the r ons ap p themeErduallm s aill Paw nd a RaporC (EAR) to -Ole Indan RNer lereiYe Plan and trarmrittictg the EAR Bothe SNee hof Carrrmr$y Atfalra for sufficiency Ylterested parties may appear and be heard at the hifto EAR 1 1, nW be Ob. from the Indian River Comly Mmm* Do tire tfoar a the CIRUN N ay Ad re�i.l tion BuYdng located at 1840 25thr Street Caples d the ictdlvidual EAR etencertf1 wi also be araYeble at Pal- ingthe naitli Fbr mom ercdla tits EA am ti the Lmtb oroAmp I rig Section at 567-8000, erI 247. afrt0rft and oor moths aanty's Americans with DbebiTdes Act p1DA) Cmdkialm at 567-8000 eztwdm 223 at least 48 hours In adrarim ofFlIverd Board of Car ftdyx s Ops- Fran B. Aderm C helm c Dec. 10. 1996 1356516 i The Board reviewed a Memorandum of December 6, 1996: TO: James E..Chandler County Administrator D I ION HEAD CONCURRENCE: Robert M. Keit n , AICP, Community Develop nt D'�ector - ,4 FROM: Sasan Rohani, AICP `- l( - n Chief, Long -Range Planing DATE: December 6, 1996 RE: CONSIDERATION OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 1996. DESCRIPTION AND CONDITIONS All local governments in Florida are required to develop a Comprehensive Plan and to periodically review and assess that plan through preparation of an Evaluation and Appraisal Report (EAR). DECEMBER 17, 1996 78 According to state rules, Indian River County must submit its adopted EAR to the state by January 1, 1997. As the county's designated local planning agency, the Planning and Zoning Commission is charged with preparation of the Evaluation and Appraisal Report. Since November 1995, planning staff has worked with the Planning and Zoning Commission and other local committees, as designated by the evaluation and appraisal report public participation plan, to prepare evaluation and appraisal reports for each of the 17 elements and sub -elements of the county comprehensive plan. Although the adopted Evaluation and Appraisal Report is not due to the state until January 1, 1997, state law requires that the local planning agency approve and submit a proposed EAR to the state at least 90 days prior to the county's January 1, 1997, EAR submittal date. Accordingly, the local planning agency (the Planning and Zoning Commission) considered and approved the county's proposed EAR at a September 12, 1996, public hearing, and staff submitted a copy of the EAR to the State Department of Community Affairs (DCA) by the October 1, 1996 deadline. At the November 5, and November 12, 1996, EAR workshops, the Board of County Commissioners considered the county's Evaluation and Appraisal reports and provided direction to staff for modification of the report. On November 14, 1996, the county received comments from the Department of Community Affairs on the county's proposed EAR. Attached to this agenda item is a copy of proposed Evaluation and Appraisal Reports for all 17 elements and sub -elements of the comprehensive plan. These have been revised since the -.-Board's November EAR workshops to address comments from both the Board of County Commissioners and the State Department of Community Affairs. Additions to the proposed Evaluation and Appraisal Report are shown as underlined. while deletions are shown as strikh. Overall, the assessment of the county's plan indicates that the plan has been successful. Of the 124 plan objectives, 93 objectives were achieved; 23 objectives were partially achieved; and 8 objectives were not achieved. Of the 751 plan policies, 654 policies were implemented; 26 policies were partially implemented; and 71 policies were not implemented. Since adoption, the plan has produced orderly growth and development in the county. Among the plan's accomplishments were expansion of water and sewer systems to serve major Commercial/Industrial nodes, acquisition of environmentally sensitive lands, production of affordable housing units, development of infill properties, provision of services and facilities concurrent with development, and others. �711 4471 At the EAR workshops, the Board of County Commissioners raised several EAR related issues. Among the concerns were: • Not to cap the S.R. 60/58th Avenue Commercial/Industrial node • Not to eliminate drainage policy 3.4, calling for establishment of a stormwater utility • Not to call for annual meetings between the Board of County Commissioners and School Board • To address coordination with the Fellsmere Farm Water Control District regarding the district's rights-of-way • Minor changes to the economic development element to indicate the result of the tax abatement referendum and to eliminate duplicated sentences • Other minor changes The attached EAR has addressed all of the Board's concerns. • DCA Comments The Department of Community Affairs, in its written assessment, commented favorably regarding the quality of the county's EAR. The DCA, however, did identify some concerns and made the following recommendations: DECEMBER 17, 1996 79 • Provide a more detailed evaluation of the impact of statutory and rule changes such as the change to the Coastal High Hazard Area (CHHA)in the county. • Evaluate the proposed EAR according to specific urban sprawl indicators in rule 9J-5.006(5), F.A.C. • Expand the section of the intergovernmental coordination element regarding coordination with the school board consistent with section 163.3177(6)(a),F.S. • Expand discussion regarding the plan's effectiveness in protecting and preserving wetlands and wetland functions. • Revise the EAR to use the most current data available to describe the existing natural resource conditions within the county. • Fully evaluate the impact of the new Coastal High Hazard Area (CHHA) on the county's adopted Future Land Use Element and the Future Land Use Map. • Evaluate affordable housing needs for farmworker housing. Staff believes that the attached revised EAR addresses all of the Department of Community Affairs' comments. At the Board of County Commissioners December 17, 1996, adoption hearing, staff will present a summary of changes to the EAR. With respect to the attached EAR, the Board of County Commissioners has the following options: to approve the attached EAR to approve the attached EAR with changes to reject the attached EAR Either of the first two options is acceptable and will ensure that the county can submit its EAR to the state according to schedule. Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the Indian River County Comprehensive Plan Evaluation and Appraisal report by adoption of the attached resolution and direct staff to submit a copy of the EAR to the State Department of Community Affairs by January 1, 1997. Community Development Director Bob Keating pointed out several changes made since the workshops were held on November 5th and 12th and noted that the letter received from the DCA was very complimentary of the Plan. The EAR document identifies changes which need to be made and the 1997 EAR will include the plan amendments. 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. DECEMBER 17, 1996 80 1� 7 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Ginn, that the Board adopt Resolution 96-161 approving the adoption of the Evaluation and Appraisal Report (EAR) for the Indian River County Comprehensive Plan; and authorize the transmittal of the EAR to the State of Florida, Department of Community Affairs for sufficiency determination. Under discussion, Commissioner Tippin commended staff for an excellent job and noted that, particularly with urban sprawl, we will have to tread very lightly. The federal government first complimented the County on its low density and now has a problem with urban sprawl. THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously. RESOLUTION NO. 96- 161 A RESOLUTION OF THE BOARD OF -COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE ADOPTION OF THE EVALUATION AND APPRAISAL REPORT (EAR) FOR THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN; AND THE TRANSMITTAL OF THE EAR TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR SUFFICIENCY DETERMINATION. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, pursuant to F.S. 163.3191, the Local Planning Agency (the Planning and Zoning Commission) has prepared an Evaluation and Appraisal Report (EAR) of the county's comprehensive plan, and WHEREAS, numerous county advisory groups and the Local Planning Agency have held public discussion meetings at which the public commented on the EAR, and WHEREAS, on September 12, 1996, the Local Planning Agency (the Planning and Zoning Commission) approved the proposed EAR and transmitted copies of the proposed EAR to the Department of Community Affairs and to the Board of County Commissioners, and WHEREAS, on November 5, 1996, and on November 12, 1996, the Board of County held public workshops at which interested parties commented on the EAR, and WHEREAS, on December 17, 1996, the Board of County Commissioners held an adoption public hearing at which interested parties had the opportunity to comment on the EAR, and WHEREAS, the EAR is consistent with the requirements of Florida Statutes and The Florida Administrative Code, DECEMBER 17, 1996 81 PALS. RESOLUTION NO. 96- 161 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The EAR is adopted and approved for transmittal to the State of Florida Department of Community Affairs for sufficiency determination. The forgoing Resolution was offered by Commissioner Eggert and seconded by Commissioner Ginn and upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice -Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 17th day of December 1996. ATTEST: se. uni. �.Vll V1 Approved as to Form and Legal William G. Collins, II Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: g) , Fran B. Adams, Chairman I_w iciency PUBLIC HEARING - HORIZON GLEN OUTLET CENTER - SPECIAL EXCEPTION USE CONCEPTUAL PLAN APPROVAL - DRIVING RANGE. CLUBHOUSE, 9 HOLE GOLF COURSE, AND ASSOCIATED IMPROVEMENTS PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he Is President of the Press,loumal, a daffy newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertismnent, being In the matter of In the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Press -Journal is a newspaper published at Vero Beach, in said Wan River County, Florida, and that the said newspaper has heretofore bean continnxsusiy published in said Indian River County, Florida, each daily and has been entered as second class man matter at the post office In Vero Beach, in Salo Indian RIm County, 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 said newspaper. M��MMMt r o A. PH trseobscribed before me thisday of_,D. 1 f' My Comm. Expires August25,1997 - 3A.WaA.aL PPEst;vn..NoraRYPUBLIC. (President) N0. CC310345 state of Florida. %iv ::anutassion Exp. August 25. 19971 OF "pwa,,,eN^M Sighed' Ndtarv: SANDRA a. PRESCarr' DECEMBER 17, 1996 82 NOTICE OF KOM HEARING N�afheaft tOoOO Wder 9 g OOUf89 hranBdiaiBty &Oudn OT VIB 879 HOIW Outlet Evans, rustee, Sections p.__Jc�w" 33 and Range 38. See the above " A outlic heaz4g at ,Mich parties In Interest and dtlzaha area have an oppoCrtuninittyy to be heard, wm FVwCa antyFbrBoard �lda In dna Cermftsioners cf slon CheMibera a the County Adrndstratlon Build - Ing, located at 1840 25th Street, Vero Beach, Flor- ida on who may a wisher to am. whlch nrey be made at this wm%i W are that a verbatim record of the Voaedi gs is Made. which theludes testimony and eviderm open AwbONthe aWbNbEased. A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 5874000 X2.23 AT LEAST 48 HOURS IN ADVANCE OF THE MEET - No. BOARD OF COUNTY COMMONERS BY -s -Fran B. Adams Nov. 28,1998 1353737 The Board reviewed a Memorandum of December 10, 1996: TO: James Chandler County Administrator DI SION HEAD CONCURRENCE: Robert M. Keatirio, AIPg Community Develofbmen& tirector THROUGH: Stan Boling AICP y Planning Director FROM: John W. McCoy, AICP A Senior Planner, Current Development DATE: December 10, 1996 p NOTICE OF KOM HEARING N�afheaft tOoOO Wder 9 g OOUf89 hranBdiaiBty &Oudn OT VIB 879 HOIW Outlet Evans, rustee, Sections p.__Jc�w" 33 and Range 38. See the above " A outlic heaz4g at ,Mich parties In Interest and dtlzaha area have an oppoCrtuninittyy to be heard, wm FVwCa antyFbrBoard �lda In dna Cermftsioners cf slon CheMibera a the County Adrndstratlon Build - Ing, located at 1840 25th Street, Vero Beach, Flor- ida on who may a wisher to am. whlch nrey be made at this wm%i W are that a verbatim record of the Voaedi gs is Made. which theludes testimony and eviderm open AwbONthe aWbNbEased. A SPECIAL ACCOMMODA- TION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 5874000 X2.23 AT LEAST 48 HOURS IN ADVANCE OF THE MEET - No. BOARD OF COUNTY COMMONERS BY -s -Fran B. Adams Nov. 28,1998 1353737 The Board reviewed a Memorandum of December 10, 1996: TO: James Chandler County Administrator DI SION HEAD CONCURRENCE: Robert M. Keatirio, AIPg Community Develofbmen& tirector THROUGH: Stan Boling AICP y Planning Director FROM: John W. McCoy, AICP A Senior Planner, Current Development DATE: December 10, 1996 SUBJECT: Horizon Glen Outlet Center's Request for Special Exception Use Conceptual Plan Approval to Construct a Driving Range, Clubhouse, 9 Hole Golf Course, and Associated Improvements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of December 17, 1996. PROPOSED DEVELOPMENT AND LOCATION BACKGROUND: Knight, McGuire & Associates, Inc. has submitted an application for special exception use conceptual plan and major site plan approval to construct a driving range, clubhouse, 9 hole golf course, and DECEMBER 17, 1996 83 �� �, associated improvements. The subject property is located south and east of the existing Horizon Outlet Mall, and is zoned CG, General Commercial and RM -6, Residential Multi -Family (up to 6 units/acre). Construction of the golf course and related improvements require special exception use approval in the RM -6 zoning district. The applicant proposes to construct a driving range, clubhouse, maintenance building, chipping green, parking and putting green in the project's first phase (Phase I). Phase II consists of a 9 hole golf course located around Phase I. The conceptual plan and special exception use request cover both phases. Only Phase I is covered under the major site plan application. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use based on the submitted site plan and the suitability of the site for that use. The Board may approve, approve with conditions or deny the special exception use. The County may attach any conditions or safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. At its November 21, 1996 meeting the Planning and Zoning Commission voted unanimously (6-0) to grant major site plan approval for Phase I, subject to special exception use approval by the Board of County Commissioners. In addition, the Planning and Zoning Commission voted unanimously to recommend that the Board grant special exception use approval with minor changes to the conditions recommended by staff in the Commission's November 21st meeting back-up material. These added conditions relate to consideration of access provisions to adjacent properties and a timeframe for golf course completion or rezoning of the driving range area (see attachment #5). Planning staff agrees with the Commission's additional conditions, and these conditions have been incorporated into the recommendation contained at the end of this report. ANALYSIS• 1. Site Size: Phase I (PDA) area: 39.53 acres Phase II area: 71.01 acres Total Site Size: 110.54 acres 2. Zoning Classifications: • CG, General Commercial: 19.80 acres • RM -6, Residential Multi -Family (up to 6 units/acre): 90.74 acres 3. Land Use Designations: • C/I, Commercial/Industrial: 19.80 acres • M-1, Medium Density Residential (up to 8 units/acre): 90.74 acres 4. Building Area: Phase I: 6,098 sq. ft. Phase II: 0 sq. ft. S. Pre -development Agreement/Development of Regional Impact Issue: As part of the original Horizon Outlet Center approval, the developer was required to obtain a binding letter of interpretation from the Department of Community Affairs (DCA) regarding the project's status as a potential Development of Regional Impact (DRI). The existing Outlet Center development was determined by DCA not to be a DRI. The developer is now proposing additional construction which could exceed the DRI threshold. The developer has met with DCA regarding the DRI issue, and agreed with DCA to enter into a pre -development agreement (PDA) which limits the amount of further development that can occur prior to obtaining DRI approval for the overall project. That agreement has been approved by the developer, DCA, and the Indian River County Board of County Commissioners, and covers the Phase I area. Thus, Phase I construction may proceed prior to DRI approval. However, Phase II construction cannot proceed unless and until DRI approval is granted. _ DECEMBER 17, 1996 84 J -The PDA allows the driving range (Phase I) to be constructed prior to the golf course, but requires the golf course to be constructed within 18 months of DRI approval. If not constructed within the 18 month timeframe, the driving range must be rezoned to a stand alone commercial driving range, or the driving range must be converted to open space (green area) use. However, the Planning and Zoning Commission and staff are recommending that the 18 month timeframe be tied to the date of PDA approval rather than some future date of DRI approval. Thus, an 18 month timeframe condition tied to the PDA approval date is recommended at the end of this report. 6. Impervious Area: Phase I: 13.37 acres Phase II: 1.42 acres Total: 14.79 acres 7. Open Space: Phase I: Required: 32.501k Provided: 44.801 Phase II: Required: 40.Oe Provided: 98.6% 8. Traffic Circulation: On Site: The site will be accessed through the existing Horizon Outlet Center by an extension of the Center's main driving aisle. The driving aisle extension will involve modifications to an existing on-site traffic circle, and will provide access to the Phase I parking lot area, club, and driving range. Access and the circulation design haye been approved by the traffic engineering division. Access to Property South of Golf Course: Recently, owners of residential property located south of the proposed golf course (zoned residential) approached the county about access to SR 60 through the Horizon Outlet Center site (zoned commercial). While staff believes it may be beneficial for the residential property south of the mall/golf course to have access to SR 60, the county has had a general policy against mixing commercial and residential traffic. In the subject areas, the properties south of the proposed golf course should be accessed primarily from 98th Avenue via 8th Street and 12th Street rights-of-way. The County Surveyor and the engineering firm for the Indian River Farms Water Control District have confirmed that there is canal and road right-of-way for 8th Street and 12th Street between I-95 and 98th Avenue. Once improved, such rights-of-way can be used for access. In staff's opinion, providing access through the proposed golf course for properties to the south would adversely affect environmentally sensitive lands on the golf course site and would result in an inconvenient, lengthy and circuitous route through the golf course and the Horizon Center to SR 60. Therefore, staff does not support providing access to SR 60 through the proposed golf course for properties south of the golf course. A representative of the developer has verbally committed to providing access to SR 60 for properties to the south of the new SR 60 access driveway to be constructed with the DRI. That portion of the overall DRI site is north and west of the proposed golf course. The developer's commitment would facilitate SR 60 access as far south as the 12th Street and 8th Street properties referenced above,only if access were to be extended across other intervening parcels (see attachment #6). Thus, access to SR 60 would be contingent upon how the property to the north and west of these properties develops. The property south of the proposed golf course will be able to access 98th Avenue from 12th Street and 8th Street, which staff believes should be the primary access for these properties. It is staff's opinion that potential access to SR 60 for parcels to the south will best be addressed in the DRI process. The Planning and Zoning Commission also concluded that potential SR 60 secondary access for the properties south DECEMBER 17, 1996 85 ;f��; t of the proposed golf course would be best addressed through the DRI process. 9. Off -Street Parking: Phase I: Required: 58 spaces Provided: 198 spaces (Phase I) Phase II: Required: 27 spaces Provided: 198 spaces (Phase I) Total: Required: 85 spaces Provided: 198 spaces Note: All parking will be constructed with Phase I. 10. Stormwater Management: The stormwater management plan has been approved by the public works department, and a Type "A" stormwater permit must be obtained by the applicant. A portion of the Phase I area of development is covered by an undeveloped Indian River Farms Water Control District canal right-of-way. This right-of-way is not a part of the 12th Street and 8th Street right-of-way referenced in item #8 of this analysis. The applicant has indicated that the Farms formally abandoned this right-of-way in October; however, the applicant has not yet provided staff any documentation of the abandonment. The applicant will need to furnish documentation of the abandonment prior to site plan release. 11. Landscape Plan: The landscape plan is in conformance with Chapter 926. 12. Utilities: The facility will be serviced by county water and wastewater services. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department. 13. Dedications and Improvements: None are required. 14. Concurrency: No concurrency is required for Phase I, since it is accessory to the golf course. The developer has obtained conditional concurrency for the golf course, which is sufficient for conceptual plan and special exception approval. 15. Environmental Issues: sUplands: Since the site is over 5 acres and contains native upland habitat, the native upland set-aside requirement of section 929.05 applies. Approximately 31.52 acres of the Phase I project site consist of native upland habitat. Accordingly, a set-aside of 15%, or 4.72 acres, is required to comply with the criteria of section 929.05. The applicant will be preserving 6.98 acres in a conservation easement located between the Phase I site and I-95, and this will satisfy the set-aside requirement for Phase I. The conservation easement document will need to be approved by the county attorney's office and recorded prior to release of the approved site plan. The set-aside requirement for Phase II will be determined during review of the site plan for Phase II. SWetlands: While there are no wetlands in the 39.53 acres comprising Phase I, 21.96 acres of the 71.01 acres in Phase II are wetlands. Based on the golf course conceptual plan, there will be no impact on these wetland areas. Therefore, no mitigation is required. 16. Specific Land Use Criteria: 1. Golf courses and accessory facilities shall not be interpreted to include free-standing commercial miniature golf courses or other unenclosed commercial amusements; Note: N/A. DECEMBER 17, 1996 86 2. No major accessory use or principal building or structure shall be located closer than one hundred (100) feet to any lot line which abuts a residentially designated property; however, the one hundred (100) foot setback may be reduced to normal zoning district setbacks if the use of the abutting residentially designated property is nonresidential (e.g. institutional, recreation, community services uses) and if a type "B" buffer with six (6) foot opaque feature is provided between the building and structures and the abutting residentially designated property. Note: All proposed golf course buildings are set back at least 100' from property boundaries. 3. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads. Note: The conceptual plan for Phase I and II exceeds the 3001 requirement. 4. The golf courses shall be designed so that any lighting is shielded and directed away from residential areas. Note: No golf course lighting is proposed. 5. Type "B" screening shall be provided between golf maintenance facilities and adjacent residentially designated property within two hundred (200) feet -of the golf maintenance facility. Note: The maintenance structure is set back more than 200' from a property boundary. Therefore, no buffer is required. 17. Surrounding Land Use and Surrounding: North: Outlet Mall/CG South: Vacant/RM-6 East: I-95, Vacant, Industrial Building Transfer Park/CG, CH, IL, RMH-8, A-1 West: Vacant/A-1 RECONIl MATION Based on the analysis performed, staff recommends that the Board of County Commissioners grant conceptual site plan and special exception use approval for Phases I and II, with the following conditions: 1. That, through the DRI application, the developer shall address potential SR 60 access to properties south of the overall DRI project area. However, no such access shall be required through the golf course area. 2. That, prior to site plan release for Phase I, the applicant shall provide documentation that the Indian River Farms Water Control District has abandoned its right-of-way within the Phase I area of development. 3. That, prior to site plan release for construction of Phase II, the developer shall obtain DRI approval. 4. That the developer shall commence construction of the golf course within 18 months of the date of PDA approval, or have completed the rezoning process that allows a stand alone driving range. If neither option has occurred within the 18 month timeframe, the driving range use will cease and be converted to an open space use. DECEMBER 17, 1996 87 a a o Planning Director Stan Boling reviewed the project and stated that the Planning and Zoning Commission has recommended approval. Commissioner Eggert questioned the zoning on 98th Avenue and noted that she does not like the mix of industrial and residential zoning. Director Boling advised that the 98th Avenue zoning will be a mix of commercial and industrial. Commissioner Macht questioned whether the DRI process would assure the property owners to the south of the project access to their property, and Director Boling responded that the DRI process could not assure access but staff has investigated the rights-of- way for canals and roads. There are private easements which may have changed over the years; however, staff is recommending access through either 8th and/or 12th Streets and the DRI process will investigate secondary access to SR -60 which would require cooperation from private property owners. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Hank Parman of 601 Sea Oak Drive, owner of property to the south of the project, appreciated the developer's attitude toward the surrounding property owners. However, he was concerned about the mixing of commercial and residential zoning. It is difficult to go anywhere in the County without going through a commercial area. He was not against the project but would like to see something to assure that the private property owners get access to SR -60. Evelyn Neville of 4580 22nd Lane, owner of 46 acres south of the project, just north of Mr. Parman's property, expressed the same concerns regarding access to SR -60. David Knight of Knight and McGuire, the project engineer, explained that the developer has significant problems with granting access through the environmentally sensitive southern portion of the property. There are 50 acres there which have been set aside as a preservation area. There are access corridors through the project but only for maintenance vehicles. Ralph Evans of 1420 Shorelands Drive, trustee for. the developer, advised that the project allows for public access only through the existing shopping mall roads which would not support additional traffic from the south. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing.-_ DECEMBER 17, 1996 88 S MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Ginn, that the Board grant conceptual site plan approval and special exception use for Phases I and II of Horizon Glen Outlet Center's development, with the conditions recommended by staff. Under discussion, Director Keating felt that the best course of action would be to look at the need for access in the DRI hearings. A thoroughfare plan could be included for direct north - south access. Commissioner Macht wanted to include an access requirement in the motion, and Director Boling advised that Phase II of the project is tied to DRI approval and that would be the appropriate time to include requirements of that type. THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously. COPY OF UNEXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PUBLIC HEARING - TABLED FROM DECEMBER 3 1996 - UTILITY SERVICES REQUEST FOR SPECIAL EXCEPTION USE APPROVAL EXPAND SOUTH COUNTY WASTEWATER TREATMENT PLANT PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority W`9ona0y appeared Darryl K. Hicks who on oath says that he is President of the Press-Joumai, a daily newspaper published at Vero Beach b Indian River County, Fbrida; that the attached copy of advertisement, beer g a. In the matter of IAI)��La !42 b the Court, was pub - fished in said newspaper In the issues o�J• 1'949k Affiant further says that the said PressJo ural 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 lass map matter at the post office in Vero Beach, In said Indian River County, Fbrida, for a period Of ate year next preceding the fust publication of the attached copy of advertisement: and aff�rnt further says that he has neither paid nor promised any persol, firm or tion any discount. rebate, carnrndssbn or refund for the purpose of Securing this Mg(erg hent for publication in said newspaper. yPSwom toValbed before me this 0 day �D.1 4 Comm. Expires'; _ Au9119125,1997 sAh'DRA A. PREaC01T. NO ARY PL WC. ( ) No. CC3tg8q$ state of Flom +u. Nr` Commisalor. c'sD. AuQuac 25.1997 1r �'` Commu9ion . um .r. CC31 )843 FLD���P ~�wwrwwgA� S1gth puF. -077 � i DECEMBER 17, 1996 89 RM -6 Site - � ASS .,i�9;�'i}r+•;''':;y� Sr;:}; NOTICE OF PUBUC NEARING CNotice of hoe" to consider the grarrtkg of spe- W exception use approval to an of the south Pot caahty Is presently owned by Irdan River � � 40. S eine above in � for ft 31, breaftLYpn• 33 A pubYc ►hae►ing at which parties in Merest and , iJtizer� anal have an opporhahity to be heard, will be held by the Board of CoxftQormrissioners of Indian River Cmity. Florida, in ft Connie - On Clreh des of ft AdmWs�baton Bi ld- t+o located at 1840 251h Street, Vara Beach,'Fba Ida an Tuesday, Decembe 3,1998 at 8:05 aAL , I .ArWe' who may wish any aeuidon Wich may be made Aft%w1 rhaed m en- sure that a vwbatlm record of the proceedings is rrhade. which Includes tesdrnorhy and evidence upon which the ep�al Is based. A SP ANYONE YVHO NEEDS ECIAL A000MMODA- ZFOR TEAS MEETING MUST CONTACT THE S AMERICANS WITH DISABILITIES ACT COORDINATOR AT 5874OW X223 AT T 48 HOURS IN ADVANCE OF THE MEET- ING. . ' BOARD OF COUNTY GONERS 9 BY-s•Fran B. Adrns Ngv.8.Im 1349199 i -n. A ion pAcr ori The Board reviewed a Memorandum of December 11, 1996: TO: James E. Chandler County Administrator D ION HEAD CONCURRENCE: Obert R. Keating, A C Community Development Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP `JVJti%\ Senior Planner, Current Development DATE: December 11, 1996 SUBJECT: Continuation of the Department of Utility Services Request for Special Exception Use Approval to Expand the South County Wastewater Treatment Plant It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 1996. DESCRIPTION AND CONDITIONS: At its December 3, 1996, meeting the Board of County Commissioners tabled the above referenced matter to its December 17, 1996 meeting. The Board also directed the applicant, Utility Services, to explore alternative designs that would result in partial or complete preservation of the oak hammock located in the northeast corner of the site. The site is located in Vero Beach Highlands at the northeast corner of 6th Avenue S.W. and 25th Street S.W. At its December 17th meeting, the Board is to consicger updated information on alternative designs and costs, continue the special exception use request public hearing, and take final action on the request. ANALYSIS: Since the December 3rd Board meeting, planning staff, utility services staff, and the project engineering consultant met to revisit and formulate various alternative design solutions which could conceptually meet county, state, and federal development regulations and preserve all or a portion of the oak hammock on the site. Utility Services and its consultant then estimated additional development costs, over and above the December 3rd proposed plan, for each alternative design. Utilities Services has identified 7 options, two of which involve using the December 3rd plan design and relocating oak trees to the Indian River Club site. The other 5 options involve varying degrees of treatment plant and site plan redesign to preserve all or portions of the oak hammock. The redesigns vary in scope from the relocation of several structures to changing the function of the site and constructing a new plant at a new location. The corresponding costs for various alternatives range from zero additional dollars to over $3,000,000 (see attachment #1). Planning staff has reviewed attachment #1,and it is planning staff's opinion that all of the alternative designs could meet the LDRs. At least one of the designs would require special cooperation of the Indian River Club to find compensatory cut for fill within the flood zone on the treatment plant site. The cut area would need to be guaranteed through some type of acceptable legal document executed by Indian River Club and the County. DECEMBER 17, 1996 90 C7 Attached is draft information from the applicant regarding various design alternatives and estimated, associated costs (see attachment #1). Between the date of this report and the December 17th Board meeting, utility services staff is scheduled to meet at the project site with planning staff, Commissioner Tippin, and Indian River Club developer Bob Swift, to evaluate the alternative designs in relation to actual field conditions. At the December 17th Board meeting, utility services staff and its consultant will present updated, alternative designs and associated additional costs. Based upon planning staff's original report and recommendation (see attachment #2), information presented by the applicant at the December 17th meeting, and other public hearing discussion, the Board will have sufficient information to direct the applicant to make any necessary site plan changes in accordance with the desired design alternative, and to act on the requested special exception use approval. RECOMMENDATION: Planning staff recommends that the Board of County Commissioners: 1. Choose one of the design alternatives presented and require the applicant to make any necessary site plan revisions prior to site plan release and on-site clearing. 2. Grant special exception use approval, with the following condition: a. Prior to site plan release for Phase I construction, the applicant shall obtain a county wetland resource -permit and an FDEP permit for the wetland filling proposed in Phase I. INDIAN RIVER COUNTY South County WWPP Expansion Project Design and Alternatives Project Design - Indian River Club relocates desired trees. Remaining trees removed. Alternate No. l - County relocates trees to buffer area on Indian River Club property. $150,000 Alternate No. 2 - Relocate future aeration basin to wetland/stormwater area $306,000 Alternate No. 3 - Relocate future headworks and aeration basin $451,000 Alternate No. 4 - Relocate future aeration basin to percolation pond area. $641,000 Alternate No. 5 - Relocate expansion of new facilities to percolation pond area. $2,550,000 Alternate No. 6 - Convert plant to pump station and construct new plant at another location. $3,175,000 e DECEMBER 17, 1996 90 (a) I " ,0K 190 PACE INDIAN RIVER COUNTY South County WWTP Expansion Project Design ■ Maximizes the use of existing plant tankage. ■ Optimizes hydraulics of plant. ■ Operation and maintenance costs minimized. • Provides access road around plant for service/sludge hauling and minimizes the liability on County property. ■ Meets County cut/fill balance requirements. ■ Meets FDEP permitting requirements. ■ Indian River Club relocates desired trees. ■ Remaining trees removed. • No piping revisions. State permitting requirements are met and permits will be issued very soon. INDIAN RIVER COUNTY _ South -County W WTP Expansion Alternate No. I - County Relocates Trees to Buffer Areas on Indian River Club Property ■ Maximizes the use of existing plant tankage. Additional Cost ■ Optimizes hydraulics of plant. ■ Operation and maintenance costs minimized. ■ Provides access road around plant for service/sludge hauling and minimizes the liability on County property. ■ Meets County cut/fill balance requirements. ■ Meets FDEP permitting requirements. ■ County relocates trees to buffer area to buffer areas on Indian River Club property. $150,000 ■ No piping revisions TOTAL ADDITIONAL COST $150,000 Comment: This alternate was not pursued because of the unjust cost Impact to utility customer. DECEMBER 17, 1996 90 (b) INDIAN RIVER COUNTY South County WWTP Expansion Alternate No. 2 Relocate Future Aeration Basin to Wetland/Stormwater Area ■ Maximizes the use of existing plant tankage. ■ Minor impact on future plant hydraulics. Additional Cost ■ Operation and maintenance costs minimized. ■ Additional piping required. $25,000 ■ County cut/fill balance requirement not met (violation of County P&Z requirement). ■ Saves Oak Hammock. ■ Impacts more wetland area, additional mitigation required. 50,000 ■ Foundation questionable, removal of muck required. 200,000 ■ Increased liability for removal of access road for service/sludge hauling. ■ Delays construction of this phase. 1,000 ■ Additional engineering/permitting required. OLW TOTAL ADDITIONAL COST $306,000 Comment: This alternate was not pursued due to wetland impacts and permitting difficulties with FDEP/ACOEISJRWMD. County cut/fill balance requirements cannot be met. Foundation in wetland area is unknown and would require further investigation. • Costs include County/FDEP/ACOS/SJRWMD mitigation impacts. INDIAN RIVER COUNTY South County W WTP Expansion Alternate No. 3 - Relocate Future Headworks and Aeration Basin ■ Maximizes the use of existing plant tankage. Additional Cos ■ Impacts future plant hydraulics. a Operation and maintenance costs minimized. ■ Existing raw sewage pipelines relocation and abandonment. $250,000 ■ Relocating of existing pump station and piping. 150,000 ■ County cut/fill balance requirements met. ■ Saves Oak Hammock. ■ Foundation investigation required. ■ Increased liability for removal of access road for service/sludge hauling. 1,000 ■ Delays construction of this phase. ■ Additional engineering/permitting required. so TOTAL ADDITIONAL COST $451,000 Comment: This alternate was not pursued because of the uMust cost to utility customer and the possibility of FDEP/ACOEISJRWMD claiming the area east of percolation ponds as a wetland. Requires relocation of existing raw sewage pipelines and pump station. DECEMBER 17, 1996 90 (C) ,nrJK DO PAGE 101 INDIAN RIVER COUNTY South County WWTP Expansion Alternate No. 4 - Relocate Future Aeration Basin to Percolation Pond ■ Maximizes the use of existing plant tankage. Additional Cost ■ Impacts future plant hydraulics - pumping required. $100,000 ■ Operation and maintenance costs increased. 50,000 • Excavation/filling of existing pond required. 300,000 • County cut/fill balance requirement not met. ■ Lose effluent storage in ponds - storage tank required (FDEP requires three day storage) 100,000 ■ Piping modifications required. 30,000 ■ Saves Oak Hammock ■ Increased liability for removal of access road for service/sludge hauling. ■ Delays construction of this phase. 1,000 ■ Additional engineering/permitting required. 60.000 TOTAL ADDITIONAL COST $641,000 Comment: This alternate was not pursued due to additional storage requirements to replace existing percolation pond. rnrrnaand enol wn uld b +HaidbV�� ti�it� n�gtomer. INDIAN RIVER COUNTY South County WWI? Expansion Alternate No. 5 Relocate Expansion of New Facilities to Percolation Pond Area Additional Cost ■ Lose effluent storage in ponds - storage tank required g eq (FDEP requires three day storage) $300,000 ■ Use of existing facilities marginal (limited) (differential cost) 2,000,000 • Split train treatment system not desirable • County cut/fill balance requirements net ■ No wetland impact ■ Saves Oak Hammock • Additional engineering/permitting required 250.0 TOTAL ADDITIONAL COST $2,550,000 Comment: This alternate was not pursued due to additional storage requirements to replace existing percolation ponds. Increased costs would be paid by utility customer. DECEMBER 17, 1996 90 (d) INDIAN RIVER COUNTY South County WWTP Expansion Alternate No. 6 Convert Plant to Pump Station/Construct New Plant at Another Location Additional Cost ■ Convert plant to pump station $300,000 ■ Construct new plant at another location (differential cost) 2, =,000 ■ Existing tankage not utilized - abandon/demolition 500,Q00 ■ Effluent pumping natation and filters relocated to new location (cost included above) ■ Cost to deliver reuse water to South County WWTP sites 75,000 ■ Additional engineering/permitting required 300,000 TOTAL ADDITIONAL COST $3,175,000 Comment: This alternate was not pursued since the County has too much invested in the existing site. Increased costs not iustified to utility customer. Utilities Director Terry Pinto requested 'that the Board approve Phase I of the project and referred to discussion with the Board about saving the trees on the site. He confirmed there are only 2 trees affected by this Phase which can be relocated. He thanked Commissioner Tippin for going out to the site and recommending alternatives for saving the trees. Chairman Adams noted that in 5 to 10 years the County may have commissioners who may not be as concerned about trees as the current Board so the Board wants to see the project include these restrictions. Commissioner Tippin confirmed the need to retain the existing hammock. There is only one live oak and it should be moved in January when it is dormant. Then, in a couple of months, a workshop will be held to discuss methods of saving trees. That would be the time to make a real plan for the hammock because plans for Phase II of the project are too vague now. Commissioner Ginn questioned whether it would be necessary to locate Phase II where it is now proposed, and Director Pinto stated options are still possible. Commissioner Ginn had viewed the site and felt it was an ideal site. She agreed we need to do anything we can to preserve the hammock. DECEMBER 17, 1996 91 -111" BOO PAGE10? r "1 100 PacE610 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bob Swift of 6450 8th Street, general manager of the Indian River Club, thanked staff for working with them. Mr. Swift showed a copy of an aerial photograph and questioned whether a vegetative buffer zone was to be cut 2 feet to provide a drainage path to the retention pond. Director Pinto responded that the area indicated contains pepper trees and that would be done only if absolutely necessary. Mr. Swift stated that his only concern was that everyone have a very clear understanding of what will be allowed. He strongly urged the Board to continue their policy of not removing any trees unless absolutely necessary as less than 60% survive transplantation. The Chairman asked if anyone else wished be to heard in this matter. There being none, she closed the public hearing. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Eggert, that the Board approve Alternate 2, special exception use approval for the expansion of the South County Wastewater Treatment Plant, with the conditions recommended by staff, and with the clear understanding that no live oaks will be disturbed with the exception of the one to be relocated. Under discussion, Commissioner Tippin confirmed that he supported Phase I of the project as long as it is clearly understood that the live oak hammock will not be disturbed and that a workshop will be held soon. THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously. DECEMBER 17, 1996 92 PUBLIC HEARING - IDLEWYLDE CORP., INC - REQUEST FOR CONCEPTUAL PD SPECIAL EXCEPTION USE APPROVAL AND APPEAL OF PRELIMINARY PD DENIAL - 109 LOT SINGLE-FAMILY PLANNED DEVELOPMENT - THE SANCTUARY PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press -Journal, a daffy newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being a./Oal CP in the matter 6 - in the Court, was pub. lished in said newspaper in the issues of Affiant further says that the said Press-Joumal 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 County, Florida, fora period of or* year next preceding Ute first publloation 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 AAaddivertisement for publication in said newspaper. P�5w0YfP o� before me this day ofA— L/. .D. 19 :- My Comm. Expires `s // • August 25,1997 s SA.NDRAA. PRESCart, v(7CARYPlBLIc. (President) No, Od10�r i State of Florida, �lv Comintasion Exp. August 25. 199 mrrassion. a r. OF A ,rAM Siped- olur: aVT14d, a. PRE5COIT% NOTICE OF PUBLIC HEAR= Notice of heartg to =tsk er the W of spe- Ciel exmpdon use approw for a 1- 09 6t eine fmNydevelopmrit 9M of ob Averitie an the proopM��ty a of 33rd street (Cherry Lane} The IQrtyr end b� h 3e��brt 3`t T�avreh�ip 3 �md Ranpe 39. Seethe above map for the location. A. PL heha t9 at which parries in hterest and ddzere aftel have -an CppordNgr to be heard, will be held by the Board of Cant pomrtdssloners of Indian RK* ty ConT& don Chemrbers of the�Cm* Adr*kir tlon Butd- ft boded at 1840 25th street, Vero Beach, Fla ids on Tuesday, Dawrrber 17, 1996 at 9:05 am. aw which may bye ntaadee at may � �.0 need sue that a verbatim record of prooseaw is made, which Iridudes testirnony and evWwm upon which the appal Is based ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THE MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT nCOORDINATOR AT 667.800 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- IN(L ROM RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -8 -Fran B. Adams Nov. 26, IM 1353546 The Board reviewed a Memorandum of December 11, 1996: TO: James Chandler County Administrator D S ON HEAD CONCURRE r- ert M. eati g, ICP ; Community De�/velopme t Di' for THROUGH: Stan BolineAiiCP Planning Director FROM: John W. McCoy, AICP_j >,M Senior Planner, Current Development DATE: December 11, 1996 SUBJECT: Idlewylde Corp. Inc. 's Request for Conceptual Planned Development Special Exception Use Approval and Appeal of Preliminary Planned Development Denial for a 109 Lot Single Family Planned Development to be known as The Sanctuary It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of December 17, 1996. DECEMBER 17, 1996 93� PAG 100 ��; r -1 ion DESCRIPTION AND CONDITIONS: Knight, McGuire & Associates, Inc. has submitted an application for conceptual PD plan and special exception use approval on behalf of Idlewylde Corp. Inc. to construct a single phase, 109 lot detached single family PD to be known as The Sanctuary. In addition to the conceptual PD plan and special exception use request, the applicant is also requesting preliminary PD plan approval (site plan and preliminary plat) for the project. The subject property is located on the north side of 33rd Street approximately } mile west of 58th Avenue (see attachment #2). The property has 990' of frontage on 33rd Street and is zoned RS -3, Residential Single Family (up to 3 units per acre). •PD Project Process As a PD project, the process involved in review and approval of this proposal is as follows: Approval Needed Reviewing Bod 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD Plan PZC 3. Land Development Permits or Waiver Staff 4. Final PD Plat BCC The applicant is now requesting approval of the first two steps. If approved by the Board of County Commissioners, the applicant will need to obtain a land development permit for the required PD infrastructure improvements. •Board of County Commissioners Consideration Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested conceptual PD plan based on the submitted PD plan and suitability of the site for that use. The Board may approve, approve with conditions, or deny the special -exception use. The County may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. If the Board of County Commissioners approves the special exception use, it would also be granting the applicant's appeal of the preliminary PD plan/plat denial. •Planning and Zoning Commission Action At its November 26, 1996 meeting, the Planning and Zoning Commission voted unanimously (6-0) to: • Deny the preliminary planned development plan/plat submitted, and • Recommend that the Board of County Commissioners deny the special exception use request. The Planning and Zoning Commission based its decision on general compatibility issues. Please see the minutes of the Planning and Zoning Commission meeting (attachment #4), and item #18 under the "ANALYSIS" section of this report. The Board is now to act on the special exception use, conceptual plan, and preliminary PD plan requests. ANALYSIS: 1. Size of Development: 37.55 acres gross 37.07 acres net (less future right-of-way for 33rd Street) 2. Zoning: RS -3, Residential Single Family (up to 3 units per acre) 3. Land Use Designation: L-1, Low Density (up to 3 units per acre) DECEMBER 17, 1996 94 4. Density: 109 units on 37.55 acres = 2.90 units/acre (gross) 109 units on 37.07 acres = 2:94 units/acre (net) Note: The net density figure is calculated on 37.07 acres which reflects an additional 20' of right-of-way to be acquired for 33rd Street. 5. Lot Size: RS -3 Minimum: 12,000 sq. ft. Minimums proposed: 6,875 to 12,000 sq. ft. (see item 16) 6. Open Space: Required: 14.83 acres or 40.00% of the site Provided: 17.33 acres or 46.75% of the site Below is a summary of the open space provided: Lake Area: Green Area Around Lake: Private Green Space: Private Impervious Area: Recreation Facility: Sidewalk: 4.421 acres or 30% of 14.83 acres 1.41 acres 8.612 acres 1.481 acres or 10% of 14.83 acres 1.37 acres .04 acres (sidewalk outside of richt-of-wav only) 17.33 acres or 46.7 % of the site Note': Lake area can account for no more than 30% of required open space, and private impervious area (e.g. patios) can account for no more than 10%. Note2: Private green space area is based upon 30% of individual lots being green open space, an amount the applicant will need to document when submitting for single family building permits, by showing open space calculations on the plot plan for each building. 7. Recreation Area: Required: 1.31 acres Provided: 2.34 acres The recreation area is provided via a clubhouse, pool, tennis courts, and sidewalks. Although the general layout and location of the recreation area improvements are depicted on the preliminary PD plan and the improvements have been accounted for in the drainage design, the level of detail is not sufficient for final site plan approval. Therefore, prior to issuance of a building permit for the recreation improvements, the applicant will need to file for and obtain a separate site plan administrative approval for the recreation improvements. 8. Phasing: The project will be constructed in one phase. 9. Environmental Issues: •Uplands: Since the project area is over 5 acres, the native upland set-aside requirement of section 929.05 applies to any native upland areas on site. However, the upland area of the site consists of improved pasture area with scattered pine trees. The improved pasture has been deemed not to be native upland; therefore, no native upland set-aside requirement applies. •Wetlands: There are two isolated wetlands on the site, which total 1.55 acres. The developer is proposing to fill all 1.55 acres of wetlands. The developer will be required to mitigate the filling of the wetlands and obtain wetland resource permits from the county and the St. Johns River Water Management District. These permits will need to be acquired prior to the issuance of a land development permit. Based on the wetland mitigation requirements and the relatively small sizes of the subject isolated wetlands, environmental planning staff has no objection to PD plan approval. DECEMBER 17, 1996 95 00K00, 'nOK 100, PA,H 107 *Excavation: A 4.42 acre lake is proposed to be created. The excavation of the lake will involve the removal of more than 5,000 cubic yards of excavated material from the site. Such activity is considered incidental to project construction and is allowed and regulated by the provisions of the Chapter 934 mining regulations. Such regulations limit hauling and excavation to 7:00 a.m. - 5:00 p.m. Monday through Friday for a 2 month period. Prior to issuance of a land development permit, the developer must obtain from planning staff a mining permit exemption subject to the criteria of LDR section 934.04(7)(b). 10. Stormwater Management: As with standard single family subdivisions, the stormwater management plan has been given conceptual approval by the public works department. Final review and approval of the stormwater management plan shall be accomplished through the land development permit process. 11. Thoroughfare Plan: The project has 990' of frontage on 33rd Street (Cherry Lane), which is classified as a collector roadway requiring 80' of right-of-way. Presently, 60' of right-of-way exists for 33rd Street. The additional 20' will need to be acquired from this property, since there is a canal on the south side of 33rd Street which precludes acquisition from that side of the road. The PD plan design accommodates the acquisition of the additional 20' of right-of-way. 12. Traffic Circulation: The project will be accessed from 33rd Street by an internal subdivision road that will provide access to all of the lots. The interior road system will provide a loop road through the project and one east/west cul- de-sac road. These roads will provide access to all of the lots. The traffic engineering division has approved the internal traffic circulation plan. Staff has asked the applicant to explore street interconnections to the properties to the north, east, and west of the project site. The applicant wants to keep the internal rights-of-way private, and does not want to provide street interconnections to adjacent properties that would not be part of the development. The applicant has proposed a potential future interconnection with the property to the north, which the developer may develop as a future additional phase and expansion of The Sanctuary. The proposed potential interconnection shall either be developed as a private road right-of-way if the property to the north is approved and developed as an addition of The Sanctuary, or shall be developed as Lot 26 of the Sanctuary. It should be noted that Lot 26 is counted as one of the 109 lots proposed. In the past, the county has not required vehicular interconnections for private developments of this size where such interconnections are not needed for access to adjacent properties. Since the proposed development is to be private and is close to 40 acres in size, and since it does not appear that any adjacent properties would require access through the subject project site for development, it is staff's opinion that a vehicular interconnection is not required. However, staff has recommended that the applicant accommodate future interconnection opportunities, and the proposed plan does so for the property north of the project site. Since the project will generate more than 1,000 average daily trips (ADT), a traffic impact analysis was required. Such an analysis was submitted by the applicant's traffic engineering consultant and was reviewed by county traffic engineering staff. The analysis indicates that no off-site traffic improvements are required, but recommends that a right -turn lane for 33rd Street westbound traffic be constructed for the project. The traffic engineering division has recommended, and the developer has agreed, to construct a right -turn lane at the project entrance prior to issuance of a certificate of completion for the project. DECEMBER 17, 1996 96 M �_J 13. Dedications and Improvements: The developer is required to construct a 5' wide public sidewalk along the project's 33rd Street frontage. The sidewalk will need to be constructed or bonded -out prior to the issuance of a certificate of completion for the project. The developer will also be required to construct streetlights for the subdivision. 14. Pedestrian Circulation: The developer will construct a 5' sidewalk within the subdivision on both sides of the loop road and the cul-de-sac road. Such sidewalk improvements will meet the PD pedestrian system requirements. 15. Utilities: County potable water and wastewater services are available to the site, and connection is mandatory. The project will connect to county water and wastewater services. County utilities has approved the connection to water and wastewater services. 16. Proposed Waivers: Through the PD process, the applicant has requested the following waivers from the normal RS -3 standards. Note': The frontyard setback is proposed to be 10' for side entry garages, and double frontage lots may have a 10' setback on the higher volume street. Note2: All perimeter lots will need to meet the 25 perimeter setback for the principal structure. Pool, deck, and patios on the perimeter will need to meet the setback criteria of 914.12. Note 3: All structures on separate lots will be detached and will have a 10' minimum separation. Note °: The lots along the south perimeter are smaller than 12,000 square feet, based on the area set-aside for future 33rd Street right-of-way. DECEMBER 17, 1996 97 ion J RS -3 Proposed South North, East, Standard Minimum PD Perimeter and West Standard Lots Perimeter for Lots Interior Lots Lot Width*2 801 551 80' 801 Number of lots N/A 59 9 41 House sideyard 15' 0 to 10'3 15' 15' setback House: front & rear 25' Front:20' 25' setbacks 10'/20'1 Rear: 1012 Pools: Side 15' 5' 15' T5' Rear 101 5' 10' 10' Patios & Decks: Rear: 10' S' 10' 10' Side: 15' 3' 15' 15' Front: 25' S' 251 25' Maximum lot coverage 308 458 308 308 (individual lots building): Total impervious: 608 708 608 608 Minimum open space 408 3085 408 408 2 r individual lot* Lot Size 12,000 sq. 6,875 sq. 9,874 sq. 12,000 sq. ft. ft. ft. ft. Perimeter buffer None N/A Type licit None buffer with 6' opaque feature Note': The frontyard setback is proposed to be 10' for side entry garages, and double frontage lots may have a 10' setback on the higher volume street. Note2: All perimeter lots will need to meet the 25 perimeter setback for the principal structure. Pool, deck, and patios on the perimeter will need to meet the setback criteria of 914.12. Note 3: All structures on separate lots will be detached and will have a 10' minimum separation. Note °: The lots along the south perimeter are smaller than 12,000 square feet, based on the area set-aside for future 33rd Street right-of-way. DECEMBER 17, 1996 97 ion J Notes: Please refer to item 6 in the staff report, which indicates that 8.61 acres of private open space will be provided. Each lot will need to maintain a minimum of 30% open space to provide the 8.61 acres of private open space that is part of the project's overall open space area of 17.33 acres. Based on the proposed design, staff supports the proposed waivers. According to the applicant, the waivers provide the design flexibilities for better organization of the improvements and the ability to provide recreational amenities. 17. Landscaping and Buffering: There is no buffering required on the north, east, and west perimeters, since along those perimeters the development will meet the 150' transitional area required in PD ordinance section 915.16 by providing standard RS -3 lot sizes with standard RS -3 setbacks. A Type "C" buffer with a berm and landscape feature is proposed and will satisfy the double frontage buffer and PD south perimeter buffer requirements. The Type "C" buffer with 6' opaque feature will need to be reviewed and approved by staff via the land development permit process. 18. Planning and Zoning Commission Concerns: The Planning and Zoning Commission had two general concerns related to this planned development. The first concern was the proposed PD waivers' extent of departure from the RS -3 zoning lot size, dimension, and setback requirements. The Commission expressed reservations as to how much the RS -3 zoning criteria should be reduced. Relating to the amount of reduction, staff explained that, in order to provide maximum design flexibility, there is no set "bottom line" reduction specified in the PD regulations. In addition, staff has worked with the applicant to ensure that all significant waivers are applied to internal lots, and that perimeter lots generally meet the requirements of the adjacent districts. Such waivers do not increase the project's intensity since density and open space standards cannot be waived for this project. Staff has explored setting minimum design criteria in the past with design professionals. Setting lot dimension and setback minimums, in addition to the existing PD buffer and transition area requirements, would reduce design and product flexibility. Use of significant design flexibility can be seen in some of the Windsor development, where the developer has obtained approval to reduce the 12,000 square foot RS -3 minimum lot size to 1,000 square feet for lots interior to the project. The Planning and Zoning Commission's second concern related to the overall appropriateness of this type of development given the "rural" nature of the surrounding area. While residential development in the past has been characterized by 1/2 acre lots based on the Health Department requirements for well and septic tanks, the comprehensive plan and LDRs encourage higher density where water and sewer are available as would be the case with this development. It is staff's opinion that a density of 3 units/acre is appropriate for a site served by water and sewer and within one mile of a regional mall. Based on the Planning and Zoning Commission's denial, the applicant has prepared graphics which he believes demonstrate the advantages to the proposed style of development. These graphics include the proposed subdivision design with the footprint of structures and an alternate, standard (non -PD) single family design with houses (see attachments 5 and 7, respectively). Also, the applicant has prepared a density distribution graphic that depicts how density is distributed along the perimeter of the project versus the interior of the project. The applicant has also chosen to revise the proposed PD plan to remove the wall feature along 33rd Street as part of the buffer in favor of a buffer comprised of a berm and landscape material (see attachment #8). RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant preliminary PD plan approval and approve the conceptual PD plan and special exception request with the following conditions: - DECEMBER 17, 1996 98 1. M That, prior to the issuance of a land development permit, the developer shall obtain from the environmental planning section approval of a final littoral zone planting plan. 2. That, prior to the issuance of a land development permit, all county and jurisdictional agency permits necessary to fill the project site's wetlands must be obtained and submitted to planning staff. 3. That, prior to the issuance of a land development permit, the applicant shall obtain approval from planning staff of a final landscape plan for the Type "C" buffer along the project site's 33rd Street frontage. 4. That, prior to the issuance of a land development -permit, the applicant shall obtain a mining permit exemption subject to the criteria of mining ordinance section 934.04(7)(b). 5. That, prior to the issuance of a certificate of completion for the project, the 5' sidewalk along 33rd Street and the Type "C" buffer along the south property line shall be constructed, and deemed acceptable by county staff. 6. That lot open space calculations certified by a Florida registered land surveyor as meeting the 30% open space requirement shall be submitted with each building permit application for each residence within the project. 7. That, prior to the issuance of a certificate of completion, a right -turn lane shall be constructed at the project's entrance in a manner acceptable to the county traffic engineer.__ Planning Director Stan Boling reviewed the project and advised the Board that on the south side, the front and rear setbacks will be reduced from 25 to 20 feet on 33rd Street. He also noted that the Planning and Zoning Commission has recommended denial mainly due to the degree of departure in size on the interior lots, although staff feels the project is an acceptable one. Chairman Adams noted that the project is similar to Stonebridge and questioned the difference in the Planning and Zoning Commission recommendation. Director Boling responded that the Stonebridge project contains 2.2 -units per acres while this project contains 2.9 units per acres. Other differences include the fact that the interior lots are smaller for this project. However, the outside perimeter is completely standard except for the 33rd Street lots. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Attorney Bruce Barkett, representing the applicant, pointed out that the adjacent property to the east is zoned RS -6 and these lots exceed the requirements of RS -6 zoning. The plan for the 990 feet fronting on 33rd Street has been modified from a wall to a 3 foot berm with a double hedge and understory and canopy trees. DECEMBER 17, 1996 99 '� FAQ . This project has 2 tennis courts, a clubhouse, and 1-1/2 acres of green space. The applicant redesigned the lake and perimeter lots to more nearly conform with the County's requirements. Anthony Gervasio of 3216 62nd Court stated that he believes in property rights but felt this project raises a compatibility issue. His home is in the east corner of the adjacent property on the southern boundary. He moved to this area 18 years ago because of the beautiful family setting. There is nothing in this area that looks even similar to this project and he urged the Board to please not accept this project in his neighborhood. He believed that the property to the north will also be developed like this if this project is allowed and it does not fit into the picture of a rural single-family home area. He believed the Board would be setting a precedent and we would then see this all along Cherry Lane (33rd Street). Robert Ford of 3236 62nd Court questioned the dimensions of the interior lots, and Director Boling advised there is a minimum 55 foot width with a 125 foot depth. Mr. Ford felt those are very small lots and noted that the other residents of the area had to have 15 foot side setbacks and 20 foot front and rear setbacks. He was also concerned about the additional traffic. He stated he has been in that neighborhood for 11 years and has never been through a neighborhood with homes this close together. Art Weekes of 3246 62nd Court stated he was not opposing the development, just the small lots. Mike Rosier of 3266 62nd Court stated that he had moved from Dixie Heights where they had 50 foot lots. He now has the largest lot in the area and does not want to see this area become like the one he left. Tim Zorc of 3907 58th Circle, the builder of Hammock Lakes, stated that from a business standpoint, if he could squeeze in some extra lots on his project, he would certainly be able to enhance his company's position. He also felt it is not responsible development to over -utilize a site. He felt the concept is good but the location is not the best. DECEMBER 17, 1996 100 Attorney Joe Collins representing Idlewylde, stated this developer has a long history of working with and supporting the County and has proven they do quality work. The development as proposed has a lake, recreation areas, tennis courts and will be a benefit to the County and the people who will live there. The small difference in lots is made up for by the amenities being provided. Dewey Walker of 6285 33rd Street felt that when a man owns property, he ought to be able to use it, and he did not oppose the project. Plato Kirby of 6370 33rd Street stated he owns the 40 acres to the north and has retained 10 acres of the property sold to the developer for his home. He -was concerned about the neighbors but felt this will be a quality development and would not plan to stay in the area if he didn't think so. Bill Gabriel of 2975 59th Avenue has lived in the area for 6 years and when he discovered Idlewylde would be the developer, he felt encouraged that this would be an outstanding development and would enhance his property values. Mary Jane Freeland of 6550 52nd Avenue felt the PD ordinance provides an opportunity to protect the environment through flexible housing styles and recreational activities. Attorney Barkett felt that Mr. Ford's concerns about additional traffic have been addressed by the developer who is putting in a turn lane on 33rd Street which is not required by the County. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. DECEMBER 17 1996 "i �� 101 i MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin, that the Board grant preliminary PD plan approval and approve the conceptual PD plan and special exception request for the 109 lot single-family planned development to be known as The Sanctuary, with the conditions recommended by staff. Under discussion, Commissioner Tippin added that he had reluctantly seconded the motion and noted that 15 to 18 years ago the Board had approved zero lot lines on Johns Island, thinking people would never pay those sums for that size property, which then sold faster than we could count. He also noted that the State DCA is favoring these communities. Commissioner Ginn liked the configuration of the project with the lake and emphasized that she had seen communities where the zero lot line plan was beautifully done. However, there seems to be little green space. THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously. RFP #6077 COMPUTER AIDED DISPATCH (CAM VENDORS LOGISTIC SYSTEMS, INC. NEGOTIATIONS PURSUANT TO CCNAS SYSTEMS CONSULTING CONTRACT WITH BARRY STROCK CONSULTING SERVICES, INC. AND FUNDING The Board reviewed a Memorandum of December 9, 1996: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: December 9, 1996 SUBJECT: Ranking of Computer Aided Dispatch (CAD) Vendors Responding to RFP #6077; Authorization to Negotiate with Logistic Systems, Inc., Pursuant to CCNA; Approval of Systems Consulting Contract With Barry Strock Consulting Services, Inc.; and Funding For Consulting Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DECEMBER 17, 1996 102 s � � DESCRIPTION AND CONDITIONS: Subsequent to Board action on May 7, 1996, at which all CAD proposals were rejected by the Board based on a staff recommendation, staff received authorization to issue a second RFP for a computer aided dispatch system (CAD) for the 9-1-1 Communications Center. The initial mailing of the second Request For Proposals was sent to 105 potential vendors. Nineteen (19) requested a complete package and six (6) responses were received. The proposals received were from the following vendors: HITECH Systems, Inc. Los Angeles, CA PSI International Fairfax, VA Logistic Systems, Inc. Missoula, MT New World Systems Troy, MI Vision Software Wilmington, NC Institute of Police Technology & Management Jacksonville, FL After appointment of a Selection Committee by County Administrator Jim Chandler, which consisted of members of law enforcement, Fire, EMS, Emergency Management, 9-1-1 Data Base, and the Property Appraiser's Office, the vendors were short listed and formal presentation invitations were extended to Logistic Systems, PSI International, and HITECH Systems. After consideration of the vendors' proposals and presentations, contacts with references and non -references, the Committee's final ranking of the firms was as follows: 1. Logistic Systems 2. PSI International 3. HITECH Systems It was the consensus of the Committee that possibly some vendors had not included all components associated with a CAD system and that once a contract was awarded, additional costs would be experienced by the County. It was felt the proposed price, as well as the recurring software licensing/maintenance fees and hardware maintenance fees, are all negotiable with the potential for reduction. Therefore, the system capabilities, vendor qualifications, references, geofile development experience, redundancy, past project history, and ability to deliver the system products were the main focus of the Committee. Authorization to negotiate with Logistic Systems is requested from the Board. However, staff submits that a substantial level of expertise, not available at staff level, is required to negotiate this complex systems contract to provide a fully integrated CAD system and geofile for use by public safety agencies. Since the City of Vero Beach is also in the initial stages of starting negotiations with Logistic Systems as the vendor to provide the City with a CAD system, staff is of the opinion that establishing two separate CAD systems is not the best approach to take due to cost and many other reasons. The City is planning to employ Barry Strock Consulting Associates to negotiate a systems contract with Logistic Systems inasmuch as they, like the County, do not have the expertise at the staff level to provide this service. Staff feels that there is the potential for savings to both the City and County if a common CAD system with certain features each entity requires, and possibly a single geofile/mapping component, can be negotiated and purchased with the potential for cost sharing. Therefore, staff is seeking Board approval of the attached Systems Consulting Contract with Barry Strock Consulting Associates, Inc., which is very similar to the City proposed contract. The estimated cost for these services including travel and other cost associated with carrying out the duties associated with the contract is $10,000. However, there is the potential for savings if the CAD Consultant could negotiate both contracts at the same time with Logistic Systems for a common CAD system, with features that both the City and County need, while sharing in the consulting expense and CAD system cost. DECEMBER 17, 1996 10 3 " ri,i9 � (� PA C II �I ALTERNATIVES AND ANALYSIS: The Board has given prior direction to staff to work with the City of Vero Beach in this CAD system project in every way possible. That has been the approach used and representatives from the City have been present when vendors gave presentations to the County and vice versa. Staff is making every effort by taking the recommended approach to protect the County from expending funds unnecessarily. Given information received from the City of Clearwater, Barry Strock was instrumental in negotiating a contract for them which resulted not only in savings up front, but free hardware for several years if Logistic Systems should change the platform used in the CAD system. That aspect of the contract alone could result in a savings of many thousands of dollars to the City of Clearwater. It is—these kinds of issues that have long-term ramifications which demonstrates the need for a person knowledgeable in systems contracting to negotiate the contract on the County's behalf. It is estimated that it will take approximately four weeks for the Consultant to negotiate a contract with Logistics, Inc. Staff from Emergency Services and the Sheriff's Office traveled to the City of Clearwater on December 6, 1996, to review the work of Logistic Systems on site as well as the CAD hardware and software just before it was cut over and became active on December 8, 1996. Staff is even more convinced now that Logistics is the leading CAD technology vendor at this time and it was learned that the cut over on Sunday occurred exceptionally well and the new CAD system hardware and software are now functioning above all expectations of the Clearwater staff. It should be noted that staff from the City of Vero Beach had made a prior visit to the City of Clearwater for the purpose of reviewing the CAD project and the facility. RECOMMENDATION: Staff recommends the Board take the following action: 1. Authorize negotiations with Logistic Systems, Inc, pursuant to CCNA; 2. Approve the Systems Consulting Contract with Barry Strock Consulting, Inc., estimated at $10,000, or less, which includes travel and other costs incurred in carrying out the duties of the contract, with funding from the contingency fund of the 9-1-1 Surcharge budget, to negotiate a contract with Logistic Systems, Inc., for presentation to the Board of County Commissioners for consideration which will include CAD system cost and staff recommended source of funding; and, 3. Authorize staff to work with the staff of the City of Vero Beach to achieve a common CAD system and geofile on a cost sharing basis, to the maximum extent possible, given the needs and unique features each jurisdiction requires. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously authorized negotiations with Logistic Systems, Inc. pursuant to CCNA; approved the Systems Consulting Contract with Barry Strock Consulting, Inc. with the conditions recommended by staff; and authorized staff to work with the staff of the City of Vero Beach to achieve a common CAD system and geofile on a cost-sharing basis, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 17, 1996 104 JUDICIAL RECEPTION AT COURTHOUSE - JANUARY 13, 1997 The Board reviewed a Memorandum of December 9, 1996: Date: December 9,1996 To: Honorable Board of County Commissioners Tbru: James E. Chandler County Administrator From: H.T. "SonrV' Dean, Direct Department of General Services Subject: Judicial Reception BACKGROUND: The Indian River County Bar Association is planning their traditional investitures for Circuit Judge -Elect Cynthia Cox and County Judge -Elect David Morgan. They are scheduled for 2:00 p.m. and 4:00 p.m. on Monday, January 13, 1997 in the Indian River Courthouse. The Bar Association is also planning a reception following the ceremonies and Bruce Barkett, President for the Association has requested this be held in the rotunda of the Courthouse. Refreshments are to be catered with non-alcoholic beverages and hors d'oeuvres. In the past, staff has been reluctant to allow foods to be served and consumed anywhere in the building except in the designated areas. This position was designed to keep down cleaning problems with our contracted custodial company and pest control within the building. - Since this request to serve food is not in accordance with policy, Staff is requesting direction from the Board ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously approved Indian River County Bar Association's request to hold their traditional investiture for Circuit Judge—Elect Cynthia Cox and County Judge—Elect David Morgan at 2:00 p.m. and 4:00 p.m. respectively on Monday, January 13, 1997, in the Indian River Courthouse, with a reception following the ceremonies to be held in the rotunda of the Courthouse. WORKERS' COMPENSATION MANAGED CARE ARRANGEMENT - CORVEL CORPORATION The Board reviewed a Memorandum of December 10, 1996: TO: James E. Chandler, County Administrator THRU: Ron Baker, Personnel Director FROM: Beth Jordan, Risk Manger,/ DATE: 10 December 1996 SUBJECT: Workers' Compensation Managed Care Arrangement; Agenda Request Staff requests consideration of the following information at the December 17, 1996, regular meeting of the Board of County Commissioners. DECEMBER 17, 1996 105 ' ��1K ��(� PAGE ��, � Background During the November, 1993 special legislative session, Florida's Workers' Compensation Law, 440 Florida Statutes, was substantially amended. The numerous changes have become well known throughout the nation as Florida attempted to control escalating costs through a variety of techniques. One of those cost control measures, the Managed Care Arrangement (MCA), found in Chapter 440.134, FS, is presented today for Board action. Analysis One of the concerns of the Legislature was the rapidly increasing cost and utilization of medical care. While some insurers carefully monitored these issues, others were not as diligent. Self -insurers or those with substantial self- insured retentions, such as the County, have always been mindful of these. Nevertheless, when the legislation ganged, all were affected. While many of the features of an MCA can be beneficial, many public risk managers throughout the State expressed concern that the State, through its Agency for Health Care Administration, was charging each entity a $1,000.00 filing fee to rem its compliance with the ganged law. This County, for example, has one of the five (5) lowest experience modification, or workers' compensation loss rates, of the over 400 public entities participating in the Florida League of Cities' excess insurance pool. There has been some discussion that the 1997 Legislature may revisit this requirement, but the deadline for compliance, albeit without any penalty for noncompliance, is upon us. Effective January 1, 1997, all employers shall furnish medically necessary remedial treatment, care and attendance solely through an MCA. For the past five (5) years, upon the recommendation of Waters Risk Management Consultant Services, the County has worked with Insurance Servicing & Adjusting Company (ISAC) as the third party claims administrator. Because the County's program through ISAC currently- enforces sound managed care practices, we propose to partner through ISAC with CorVel Corporation (CorVel), an MCA offering a basic compliance option to meet the State mandate. Through this basic option, ISAC and CorVel offer assistance with the Application/MCA filing with the State; the preferred provider network; assistance with employee education; education to primary care physicians; quality assurance program; MCA mandated grievance procedures; and fling an annual grievance report to the State. Although other corporations offer such MCA services, staff recommends that the Board approve this partnership as best meeting the County's needs. ISAC is a long-standing partner. Additionally, CorVel has developed its own network of participating physicians unlike some other such businesses who lease their networks from major health insurers. You may recap that in 1991 the County entered into an ongoing contract with Gold, Vann & White, doing business as Doctors' Clinic (Clinic), to provide primary workers' compensation care for injured County employees. We have enjoyed.a very good working relationship with the Clinic and with the advent of the statutory change, we wanted to continue to utilize the Clinic which is part -0f CorVel's own network. Equally important, the basic compliance option through ISAC and CorVel is the most cost-effective way to approach this issue. Cost for the County will be calculated as a percentage of savings gained as a result of the MCA. CorVel will be paid 23% of savings; no payment will be made if no savings are realized. The following example illustrates the arrangement. Physical therapy billed by the provider at $50.00 is now paid according to the Florida Fee Schedule at $28.00. Through the MCA, an additional savings of $220 will be realized, with $1.70 retained by the County and $0.50 paid to CorVel. The attached Letter of Agreement provides the outline for a more definitive contract to be finalized within sixty (60) days. Staff believes this proposed arrangement with CorVel, through partnership with ISAC, provides the best manner to meet the State mandate. Recommendation Staff recommends that the Board enter into an MCA with CorVel for the period January 1 through September 30, 1997, to comply with the State mandate. As staff previously advised the Board, the County's entire insurance Program, inducing claims administration and MCA services, will be remarketed this fiscal year for the year beginning October 1, 1997, and, therefore, this service may be provided by another corporation as a result of that remarketing process. Staff recommends the Board: (1) approve the Letter of Agreement with CorVel Corporation and authorize the Chairman's signature; (2) approve the Application for Worker's Compensation Managed Care Arrangement and authorize the Chairman's signature; and (3) authorize staff to finalize a definitive contract with CorVel within sixty (60) days of the Board's action. DECEMBER 17, 1996 106 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Letter of Agreement with CorVel Corporation and the Application for Worker's Compensation Managed Care Arrangement; authorized the Chairman to execute these documents; and authorized staff to finalize a definitive contract with CorVel; pursuant to recommendations in staff's memorandum. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DRUG-FREE WORKPLACE PROGRAM The Board reviewed a Memorandum of December 11, 1996: TO: James E. Chandler County Administrator FROM: Rosi LT. Baker Personnel Director DATE: December 11, 1996 RE: Drug -Free Workplace Program BACKGROUND Attached is a proposed change to policy regarding the Indian River County Drug -Free Workplace, which replaces current policy containted in Section AM -601.1 of the Administrative Policy Manual. This policy change provides a 60 day notice to employees that drug and alcohol testing procedures for certain current employees, and pre-employment drug test for all job applicants will be instituted on March 1, 1997. A copy of this policy will be provided to each employee. _ This new policy also contains a more comprehensive program which includes conditions requiring drug and alcohol testing of current employees; availability of education and referral programs through the Employee Health Nurse for assistance and rehabilitation, based on confidentiality; and consequences involved for refusing to submit to drug testing or after a positive result is confirmed. RECOMMENDATION: The Board of County Commissioners approved the attached revision to Section AM -601.1 of the Administrative Policy Manual effective December 17, 1996. DECEMBER 17 1996 107 lu 114 o ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the revision to Section AM -601.1 of the Administrative Policy Manual effective December 17, 1996; as recommended by staff. SEA OAKS PROPERTY OWNERS ASSOCIATION - REQUEST TO USE NORTH PARCEL OF WABASSO BEACH PARK FOR ACCESS TO BEACH The Board reviewed a Memorandum of December 11, 1996: TO: James Chandler County Administrator THROUGH: James W. Davis, P.ez)�-9 Public Works Director FROM: Jeffrey R. Tabar Coastal Engineer J7 SUBJECT: Request Permission for Sea Oaks P.O.A. to use North Parcel of Wabasso Beach Park for Access to Beach RE: Letter from Sea Oaks to James W. Davis DATE: December 11, 1996 Sea Oaks P.O.A. is requesting permission to 'use Wabasso Beach Park to access the beach in order to construct a sand fence along their Atlantic Ocean frontage.. The fence will be installed in January/February, 1997 and will take approximately one (1) week. A small truck/utility vehicle will be used. County staff recommends that the Board approve the request subject to the following conditions: 1/ Any damage to the coastal dune line shall be repaired upon completion of the project. 2/ All activities shall have minimum impact on native coastal vegetation and any or vegetation removed or damaged will be replaced. 3/ No equipment nor employee parking shall be on park property. 4/ All work shall be approved by County staff and a final inspection be scheduled upon written notice from the contractor of the completed work. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the request of Sea Oaks Property Owners' Association, subject to the conditions set forth in the memorandum; pursuant to recommendations by staff. DECEMBER 17, 1996 108 L __ SEAWALLS ALONG SOUTH BEACH - UPDATE ON REQUESTS FOR F.S. CHAPTER 161.085(3) EMERGENCY PERMITS - GERSTNER The Board reviewed a Memorandum of December 11, 1996: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E .✓ Public Works Director FROM: Jeffrey R. Tabar Coastal Engineer / SUBJECT: An Update on the Requests for Indian River County to Issue F.S. Chapter 161.085(3) Emergency Permits for Construction of Seawalls along South Beach DATE: December 11, 1996 DESCRIPTION AND CONDITIONS County staff has been monitoring the remaining requests for emergency permits in the South Beach area between Ocean Ridge Subdivision and Bonita Beach Subdivision. The original request consisted of eight (8) applicants represented by Thomas G. Tomasello, P.A. (Hall, Rothwell, Bunger, Lambeth, Gerstner, Papin, Robinson and Joynson). The Board has approved two (2) of these emergency permits in this area (Bunger and Papin properties) and requested that County staff continue to evaluate the remaining applicants. As a follow-up staff has continued to monitor and evaluate the applications for completeness and conformance with Florida Statues. County staff has conducted several site inspections and performed beach profiles on the Lambeth and Gerstner properties. These properties were deemed to be the most vulnerable to damage from a subsequent frequent coastal storm. The profile data has been sent to the applicants agent and to the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems for further evaluation. In addition to analyzing these applications for "emergency permits" County staff has also been working diligently with the applicants on their standard FDEP Permits. Consequently, staff has submitted a letter of no objection, to the construction of a seawall, to the FDEP for the Gerstner property and has conformation from the FDEP that the permit shall be issued the week of December 23, 1996. In considering Florida Statues Chapter 161.085 (3) the only property which would be eligible at this time to receive an "emergency permit° to construct a temporary seawall would be the Gerstner property. However, --County staff has submitted a letter of no objection, to the construction of a permanent seawall, to the FDEP for this property. The State has indicated that the Gerstner permit (IR-5it) shall be issued during the week of December 23, 1996. Therefore, considering the timely response of the State in issuing a permit to construct a permanent structure, County staff recommends that, although eligible, an emergency permit is not necessary to protect the private structure. At this time no other applicants are eligible for an emergency permit, however, County staff is committed to continuing to monitor and evaluate their applications for future consideration. DECEMBER 17 1996109 Chairman Adams suggested issuing the emergency permit, noting that we will have a weather change coming and it would be prudent for us to issue the permit. She asked if access to Wabasso Beach is being used at the present time for construction of the wall. Director of Public Works Jim Davis stated that construction of this seawall will be complete by the time Sea Oaks is ready to use the Wabasso Beach access. The contractor has been asked to wait until both projects are complete before restoring the beach. David Barney of 1550 Penlynn Street, (referring to the previous item, Sea Oaks Property Owners' Association Request to use the north parcel of Wabasso Beach Park for access to the beach) questioned whether the County is being compensated in any way for this access. Director Davis stated there is a commitment by the contractor to replace the sand and restore the dunes. However, before the restoration work is performed, Sea Oaks will be permitted to use a small vehicle; then when they are finished, the contractor will restore the area. Mr. Barney again questioned whether there is any charge to the contractor by the County, and Director Davis again responded there is no monetary charge. There is less impact on the native plants and the dune line by using the existing access area for both projects instead of creating a new one. Mr. Barney emphasized that if he wanted to use County property, he would have to pay for it but contractors are using the park free of charge. He also objected to the increased parking problems during the tourist season. Commissioner Ginn, returning to discussion of Emergency Permits for Construction of Seawalls along South Beach, wondered how the Board should treat these applications in the future, and Chairman Adams noted the workshop to be held Monday, January 20, 1997 at 7:00 p.m. Mr. Barney questioned why the County would be granting seawall permits prior to the workshop as once one is in place, DEP will not require its removal. DECEMBER 17, 1996 110 r � Chairman Adams advised Mr. Barney that the Board had reviewed all this information previously and suggested that Mr. Barney meet with staff who would be happy to go over all the prior applications and details. Mr. Barney then questioned whether the County would continue to grant emergency permits without any further discussion or long term coastal management plan. He felt this is unfair to residents as seawalls have a great impact on adjacent property. Chairman Adams reminded Mr. Barney that citizens have a right to protect their property. The County is trying to put together a beach management plan and trying to work with Sebastian Inlet. Many other alternatives have been tried and staff has put forth an enormous effort to try to come up with solutions to the problems. The workshop is only one effort and staff would be glad to bring Mr. Barney up to date. Commissioner Ginn felt Mr. Barney should know that these homes are undermined and something has to be done to protect these properties. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously granted an emergency permit to construct a temporary seawall to Larry Gerstner and Cheryl Gerstner at 2035 Surfside Terrace, Vero Beach. SCHEDULING OF UTILITY WORKSHOP MEETING The Board reviewed a Memorandum of December 11, 1996: DATE: December 11, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO-�� DIRECTOR OF UTIII74 SERVICES PREPARED ANA ANDERSONOLOLI AND STAFFED PROJECT COORDINATOR BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: UTILITY WORKSHOP MEETING On December 10, 1996 the Board of County Commissioners discussed the setup of a future workshop for discussion of utility matters. Staff is now before the Board of County Commissioners to suggest approval for the workshop to be held on Thursday, January 30, 1997, or any date thereafter. DECEMBER 17, 1996 111 '� - �1 The staff of the Department of Utility Services recommends that the Board of County Commissioners select the date of January 30, 1997, or set any date thereafter. After discussion, CONSENSUS was reached that the Workshop Meeting will be held on Monday, February 3, 1996 at 1:30 P.M. RIO MAR YACHTS, INC. (OLD ARMORY BUILDING) WATER & SEWER MAIN EXTENSION - DRIVEWAYS, INC. - FINAL PAY REQUEST The Board reviewed a Memorandum of December 3, 1996: DATE: DECEMBER 3, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY )ERVICES PREPARED MICHAEL C. HOTCHKISS, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: ARMORY BUILDING WATER AND SEWER MAIN EXTENSION FINAL PAY REQUEST FOR WORK AUTHORIZATION NO. 36-A. INDIAN RIVER COUNTY PROJECT NOS. UW -95 -30 -DS AND US -95 -31 -CS. BACKGRni]Nn On August 20, 1996, the Board of County Commissioners authorized Driveways, Inc. to construct the water and sewer main to the above - referenced project under the County labor contract. Construction of the project is now complete and the County has been issued clearance by the Department of Environmental Protection to start connecting customers. The Department of Utility Services is now requesting the Board's approval of the attached final pay request and authorize final payment to the contractor. ANALYSIS The contractor was paid an initial draw in the amount of $15,119.47 for 860 of the project, less retainage. Utilities staff is now prepared to make final payment in the amount of $2,379.94. Originally, the Board of County Commissioners authorized a total project cost of $54,250.00 which included $17,499.41 for labor plus a 10% contingency (see attached meeting minutes). Since no change orders were required for the project, the labor cost will be reduced by $1,749.94. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the final payment in the amount of $2,379.94 and authorize Chairman to execute same as presented. DECEMBER 17, 1996 112 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the final payment of $2,379.94 to Driveways, Inc., as recommended by staff. LOUISIANA AVENUE WATER MAIN MAIN STREET TO CR -512) - RESOLUTIONS I AND II The Board reviewed a Memorandum of December 6, 1996: DATE: December 6, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERV �ES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF ASS S ROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: LOUISIANA AVENUE WATER MAIN (MAIN STREET TO COUNTY ROAD 512, INDIAN RIVER COUNTY PROJECT NO. UW -96 -17 -DS, RESOLUTIONS I AND II On November 26, 1996, the Indian River County Board of County Commissioners approved the project for water service and authorized the staff of the Department of Utility Services to proceed with the design engineering work in preparation for the special assessment project for Louisiana Avenue, between Main Street and County Road 512, to supply potable water to its residents. Design has been completed by the Department of Utility Services staff. We are now ready to begin the assessment process associated with this project. (See attached agenda item and minutes of the above meeting) ANALYSTS - Fifty-five (55) properties will benefit from the water line extension on Louisiana Avenue from C.R. 512 to Main Street -- twenty-three (23) are less than .25 acre in size, thirteen (13) are less than .50 acre, ten (10) are more than .50 acre and less than 1.0 acre, and nine (9) are greater than 1.0 acre. The Grace's Landing parcel is 8.31 acres. Forty-three (43) of these properties contain improvements such as homes or commercial businesses. There are twelve (12) vacant/unimproved properties. Attached are Resolutions I and II for the assessment project. The total estimated cost to be assessed is $155,400.10. The estimated cost per square foot is $0.107894. This project is to be funded through the assessment of property owners along the proposed water line route. In the interim, financing will be from the assessment fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolutions, which approve the preliminary assessment roll and establish the public hearing date. DECEMBER 17 y a � 1996 113 ^''�� .�,�1(( � P��f ,`'�, 91, 171 A. ,y d ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 96-162 providing for water service to Louisiana Avenue (Main Street to CR#512), providing the total estimated cost, method of payment of assessments, number_ of annual installments, and legal description of the area specifically served. Providing (First Reso.) RESOLUTION NO. 96-__U2 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER SERVICE TO LOUISIANA AVENUE (MAIN STREET TO CR#512); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a water main extension to Louisiana Avenue (Main Street to County Road 512), hereinafter referred to as Project No. UW -96 -17 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water line shall be installed to benefit 55 properties on Louisiana Avenue (Main Street to County Road 512), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of the Code -of Indian River County. 2. The total estimated project assessment cost of the above-described improvements is shown to be $155,400.10 or $0.107894 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 3. A special assessment in the amount of $0.107894 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the project is completed. S. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utility Services. DECEMBER 17, 1996 114 RESOLUTION 96-162 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River county Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Eggert . and the motion was seconded by Commissioner Tigpin and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 17 day of December, 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: BY�� /a/►4 1V l_..��t��JYtV� Fran B. Adams JeffreD —'arton, Clerk Chairman 1 � _ ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 96-163 setting a time (January 21, 1997) and place at which the owners of properties located on Louisiana Avenue (Main Street to CR#512) and other interested persons, may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. Time and Place (Second Reso.) RESOLUTION NO. 96- 1 Fi A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED ON LOUISIANA AVENUE (MAIN STREET TO COUNTY ROAD 512) AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE BEARD AS TO TBE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 96- 162 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed to serve 55 properties on Louisiana Avenue; and � DECEMBER 17, 1996 115 ''' - f�vt- ,;; ..0 127 Resolution 96-163 WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.107894 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY INDIAN RIVER COUNTY, FLORIDA, as follows: OF 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, January 21, 1997, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 3. Notice of the time and place of --this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the bate of the hearing. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner T1ppin, and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 17 day of December, 1996. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By Q a J& "'o Fran B. Adams J/effre Barton, CClle4k fc` Chairman DECEMBER 17, 1996 116 M DECEMBER 17, 1996 117 LOUISIANA AVE WATER MAIN / MAIN ST TO C R 512 INDIAN RIVER PROJECT NO. U W - 96 -17 - D S LAVM5123.WK4 J. D. C. 11-13-96 PROPERTY 1 D NUMBER OWNER ACREAGE SQ. FT. ASSESSMENT 1 06 3139 00000 0040 00009.0 INCITCO REALTY (8.31) 2.0 87,120 $9,399.70 2 06 3139 00000 0040 00012.0 PHELPS 0.36 15,682 $1,691.99 3 06 3139 00000 0040 00013.0 MATO 0.32 13,939 $1,503.93 4 06 3139 00000 0040 00013.1 PHELPS 021 9,148 $987.01 5 06 3139 00000 0040 00018.0 CURIALE 029 12,632 $1,362.91 6 06 3139 00000 0040 00018.1 INCITCO REALTY (3.52) 2.0 87,120 $9,399.70 7 06 3139 00000 0040 000182 CURIALE 0.31 13,504 $1,457.00 8 06 3139 00000 0040 00019.0 MORRISON 0.22 9,583 $1,033.95 9 06 3139 00000 0040 00020.0 DAY 024 10,454 $1,127.92 10 06 3139 00000 0040 00021.0 HANCOCK 0.11 4,792 $517.03 11 06 3139 00000 0040 00022.0 YATES 0.17 7,405 $798.95 12 06 3139 00000 0040 00025.0 SEB. METH CHURCH 0.19 8,494 $916.45 13 06 3139 00000 0040 00026.0 CITY SEBASTIAN 0.13 5,600 $60420 14 06 3139 00000 5000 00003.0 CUNDIFF (10.69) 2.0 87,120 $9,399.70 15 06 3139 00000 5000 00004.0 TAYLOR 0.62 27,007 $2,913.89 16 06 3139 00000 5000 00008.1 ANDERSON 0.64 27,768 $2,995.99 17 06 3139 00000 5000 00012.0 FRANKLIN 0.30 13,068 $1,409.96 18 06 3139 00000 5000 00022.0 FINCH 0.66 28,750 $3,101.95 19 06 3139 00000 5000 00023.0 FLA POWER & LIGHT 0.57 24,829 $2,678.89 20 06 3139 00000 5000 00024.0 CITY OF SEBASTIAN 1.53 66,647 $7,190.79 21 06 3139 00000 5000 00024.1 VFW 1.48 64,469 $6,955.80 22 06 3139 00000 5000 00025.0 C FUTCH POST-1 189 (2.99) 2.0 87,120 -$9,399.70 23 06 3139 00000 5000 00027.0 PALMER (2.71) 2.0 87,120 $9,399.70 24 06 3139 00000 5000 00028.0 O' NEILL 0.70 30,449 $3,28526 25 06 3139 00000 5000 00031.0 PALMER 0.37 16,331 $1,762.01 26 06 3139 00000 5000 00032.0 CHATHAM 022 9,520 $1,027.15 27 06 3139 00000 5000 00047.0 PALMER 0.98 42,758 $4,613.32 28 06 3139 00000 5000 00049.0 CUNDIFF 1.92 84,857 $9,155.54 29 06 3139 00005 0010 00001.0 SEB. METH CHURCH 0.13 5,663 $611.00 30 06 3139 00005 0010 00004.0 SEB. METH CHURCH 021 9,148 $987.01 31 06 3139 00005 0010 00005.0 SEB. METH CHURCH 021 9,148 $987.01 32 06 3139 00013 0001 00001.0 CITY OF SEBASTIAN 027 11,761 $1,268.94 33 06 3139 00013 0002 00001.0 CITY OF SEBASTIAN 0.36 15,682 $1,691.99 34 06 3139 00013 0003 00001.0 COLEMAN 0.33 14,375 $1,550.97 35 06 3139 00013 0003 00003.0 SIMS 0.84 36,590 $3,947.83 36 06 3139 00013 0003 00005.0 WHITE 0.70 30,492 $3,289.90 37 06 3139 00013 0003 00006.0 MARZIN 0.47 20,473 $2,208.91 38 06 3139 00013 0003 00007.0 GILLIAMS 0.98 42,689 $4,605.88 39 06 3139 00013 0003 00008.0 PALMER 0.33 14,375 $1,550.97 40 06 3139 00013 0003 00010.0 BARRON 0.32 13,939 $1,503.93 41 06 3139 00013 0003 00011.0 FLOOD 0.17 7,200 $776.83 42 06 3139 00013 0003 00013.0 WARD 0.19 8,400 $906.31 43 06 3139 00013 0003 00013.1 CASTILLO 0.19 8,400 $906.31 44 06 3139 00013 0003 00015.0 HORNE 0.30 13,068 $1,409.96 45 06 3139 00013 0004 00001.1 IND. RIVER CO. 1.81 78,844 $8,506.77 46 06 3139 00014 0070 00001.1 JUSTICE 025 10,890 $1,174.96 47 06 3139 00014 0070 000012 SNYDER 021 9,000 $971.04 48 06 3139 00014 0070 00001.4 SASSANO 021 9,000 $971.04 49 06 3139 00014 0070 00002.0 KOTELNICKI 023 10,200 $1,100.52 50 06 3139 00014 0070 00003.0 SHAW 0.23 10,200 $1,100.52 51 06 3139 00014 0070 00004.0 STONE 0.32 13,800 $1,488.93 52 06 3139 00014 0070 00004.1 HUBBARD 0.32 13,800 $1,488.93 53 06 3139 00014 0070 00005.0 PEDICO 0.17 7,405 $798.95 54 06 3139 00014 0090 00011.0 THOMPSON 0.53 23,087 $2,490.94 55 06 3139 00017 0010 00001.0 YOUNG 021 9,391 $1,01323 TOTAL SQ. FOOTAGE 1,440,306 $155,400.00 TOTAL ESTIMATED COST PER SQ. FOOT $ 0.10789373924 TOTAL ACREAGE 39.34 DECEMBER 17, 1996 117 "=^",1-^".�.",''.^^`, I ' , . ^~=.=,`=~^ '^-,^. =, ,_=`' ^` ` '' PARCEL � 06 31 39 00000 0040 00809.0 SOFT. S/i20 ASSESSMENT 9'3?9'72 OWNER GR(ICE'S LANDING LTD, PO BOX 3197 ====» ANNA MARIA FL 34216-2i97 LEGAL PART OF GOV LOT A ACCORDING TO LLOYD SURVEY AS DE5CR IN R BK 45 PP 21o, THAT PART AS DESC IN R BK 242 PP 201 PARCEL � 06 31 39 00000 0(,40 00012.0 SOFT. l51682 ASSESSHEN[ i.69i.99 OWNER PHFLPS,CAR0'E : 1053 PALMETTO AVE 1102 LOUISIANA AV SEBASTIAN FL 32958 LEGAL PART OF GOw LOT v AS FOLL' COM AT BE CUR OF HAMILTON MICHE/'S EN CO, RUN SLY A|'ON[WLY R/W OF FEC 180 FT, WLY 100 FT TO LOUISIANA AVE. /H NLY ALONG LOUISIANA AVE 180 FEET TO LOT OF HAMILTON MICHELSEN CO. TH E|'Y TO P.O.B. PARCEL -ow- 06 31 39 00000 00*0 00013'0 SOFT. 13939 AS5E-SSHEN[ i,503-93 OWNER MAIO,FREDRICK M JR & SALLY w 773 JORDAN AVE it00 LOUISIANA AV - SEBASTIAN FL 32958 LEGAL A POR OF LAND IN /�OV LOT 4, SEC 6-31-39'1-YING E OF LOUIS.LAN A AVE & W OF F�CRR' BEING MORE PART DESC AS FOLL: COM AT Ski, COP OF SAID GOv /.OT 4^ SEC 6-31-39; TH N89 DEG 59 MIN 33 SEC W ALONG THE G LrNE OF GOV LOT 4, 95.i4 FT [O A PT UN E R/W LINE OF L'OUI9I,�-INO, AVE; TH N 21 DEG 36 MIN 58 SEC W ALONG E R/W LINE OF LnUIS- IANA AVE' 258.95 F[ TO F'OB ON N LINF OF OL)' DR ROSE PR.�>P, TH CONT N 21 DEG 36 GIN 58 SEC W ALONG E R/W LINE OF L0UJSI-AN* AVE, 12e).05 F|' TO e PT/ TH N 66 DEG 39 MIN 46 SEC E, 95.10 FT TO A PT ON W R/W LINE OF FECRR/ T H G 21 DEG 31 MI* 02SEC E ALONG W R/W |'INE OF FECRR' 166.33 FT TO A PT ON TH,' N LINE OF OLD DR ROSE PROP/ 7H S 89 DEG 56 MIN 33 SEC W ALONG N LINE:- OF OLD DR ROSE PROP, 101.90 FT [O POx� & ALSO INC; pOLL PCL: COM AT BE COR OF ABOVE MENT GOV /'O T SEC 4-31-39/ THN 89 DEG 59 MIN 33 GLC H ALONG S LIME UF SAID GOV LOT 4' p5.14 FT TO A PT ON ELY R/W LINE OF /'DUISIAm A AVE 30 FT R/W, TH N 21 DEG 36 MIN 58 SEC W ALONG ELY 'R/W LINE OF LOUISIoN(:, AVE, 247.47 FT TO POB/TH GDN7 N 21 DEG 36 MIN 56 SEC W ALOi4f.; THE SAID ELY R/W LINE OF LOUISIANA AVE, 1.- 46 FT TO A PT uN N LINE OF OLD DR POS.'K PROP/ TH N BF D EG 56 MIN 33 SEC E ALONG THE -N LINE OF OLD DR ROSE PROP^ 42.39 FT TO A pT� TH G 74 DEG 19 MIN 10 3EC W' 39.64 FT TO P OB� LESS & EXCEPCOR THE FOLL' COM AT SE �R OF ABOVE �ENT GOV LOT 4, SEC 6-31-39; TH N 89 DEC, 59 MIN 33 SEC W ALONE S LINE OF SAID L.OT 4, 95.14 FT TO A P[ ON ELY R/W LINE OF LOUISIANA AVE 30 FT R/W/ TH N 21 D[G 36 MIN 58 SEC W ALUH C E R/W LINE OF LOUISIANA AVE' 250.95 FT TO A PT ON N LINE OF OLD DR RC;SE PROP/ TH N 89 DEG 56MIN 33 SEC E ALONG N LINE OF OLD DR ROSEPROP' 42.59 FT TO PUD/ [H CON[ Ni 89 DEC; _ 56 MIN 33 SEC E N LINE OF OLD DR Rnsri: PROP' T,59.51. F[ TO A PT ON WLY x,'Ul LINE OF FECRR, 100 FT R/W/ TH N 21 0EG 31 MIN 02 SEC H ALONG WLY R/W LINE OF FECRR, 16.ii FT TO A PT/ TH S 74 DEG 1.9 MIN i0 SEC W, 55.67 Fr [O PUB. "=^""^"^ - =`.`,..-,~,`~.`""`,`W A - . A-* *.--1 "', - - A -A-^-``~ ,` '. PARCEL � 06 31 39 00000 0040 00013.1 SOFT. Yi*W ASSESSMENi po�'Oi OWNER PHELPG"CAROL M 1053 PALMETTO AVF ====» ~~'---''' ��- ���/�nm FL 32958 LEGAL PART OF GOV LOT 4, BEING A PARCEL LYING BETWEEN F[CRR ON E & LUSISIA#A AVE ON W' DESC AS FOLL: DE*G AT BE COR HAMILTON MICRELSON CO, RUk SLY ALONG WLY R/W FEC/+R 180 FT TO POB, Tl --1 CONT SLY AiONG WLY R/W 96.98 FT, TH WLY TO E R/W LINE LOUISIANA AVE 95-09 FT, TH MLY ALONG E R/W LINE 97.00 FT, T H ELY 94.55 TO p�B DECEMBER 17, 1996 118 PARCEL # 06 31 39 00000 0w40 00018.0 Sur -T. 1�632 ASSESSMENT 1^:-'%62-91 OWNER CURIALG.JOHN T 1061 LOUISIANA wv SEBASTIAN FL 32958 LEGAL A PARCEL OF LAND LYING IN GOV LOT 4 MORE PART DESC AS FOLL: COM AT SE COR OF ABOVE MENTIONF--*D GOV LDT 4, lH N 89 DEC, 43 MIN 33 SEC W ALONG S LINE OF SATO GOV LDT 4^ 12i. 48 FT TO WLY R/W LINE OF LOUISIANA AV 30 FT R/W' TH m 22 DEG l9 MIN 00 OEL w ALONG WLY R/W LINE OF I'OUISIANA AV 74.9 9 FT TO POB, TH N 89DEG 48 MIN 40 SEC W 1.15-0 FT TO A PT' TH S 00 DEG 04 MIM *6 SEC W S.O FT TO A Pr^TH N 89 DEC, 48 MIN 4 0 SEC W 74.01 rT TO A PT, TH N 00 DEG 50 MIN 34 GITC W 66.44 FT TO A PT, TH N 7J. DEC. 43 MIN 29 SEC E 40.25 FT TO A Pr, rH S 89 DEG 24 MIii ?5 SEC E i22.88 FT TO A PT ON WLY R/W LIN� OF LOUISIANA #V' 7H S 22 DEGY 19 MIN 00 SEC E ALONG WLY R/W LINE OF LOUISIANA AV76.il FT TO POB PARCEL. # 06 31 39 00000 0040 OOOtB.i S(klR. 87120 ASSESSMENT' 9'399'72 OWNER INCITCO REALTY INC, PD BOX 430 ====> VERO BEACH FL 32961-0430 LEGAL BEING A PART]]F 6OV LOT 4 SEC 6-31-39 BEING MOWK PART DESC AS FOU-' COM AT INTERSECTION OF S /'IWE OF GOV LOT A & NE COf, OF SWi/4 OF SEC 6, RUN W ALONG S i'INF OF SAID GOV LOT 4 335.43 FT TU POB'TH N i DEG 14 MIN 1.5 SEC W 127.34 F7' TH N 74 DEG 34 MIN 33 SEC E 40.1.9 FT, 7HN 8) Dl::,C 44 MIN 39 S EC E 122�9 FT [O W R/W LINE OF LOUISIANA AVE, TH N 21 ()E� 40 MIN 27 SEC W ��ONG SAID R/W -28.20 FT TO �E COR OF DE�?'C /..A ND RECORDED IN DDK 58 PP 37E3, [H N 89 l7 MIN 4�: SEC W #LDNG 6 LINE OF 12AID DBK i82.0 FT' TH N A}'DNG W LlNE OF SATD Dl*;K 43.00 FT, Th. 'Al 681.0� FT, TH S 2�.(,,.00 FT TO S LINE OF GOV LOT 4, SAID COR BElNi-x 283.87 FT E OF '/W COR OF GOV LOT 4' TH E ALONG Sp.ID S LINE 7i4.57 FT I -'ACK T0 P0B (Oc BK 673 PP 2214) ""-IV lVir It jvk-;� w°��lv.3v7v"=w='~.,~^"�P.,,`.'``^.W'.".°`=71°`",`°;� '"` -`1�,,~.^^~ ^' .` PARCEL 06 3i39 00000 0040 00018.2 SQPT. 13504 ASSESSMENT' 1'4`.`;'7'00 OWNER CURIALE,JOHN T 1061 LOUISIANA AV ====» J.06t L13UIsIANA AV SEBASTIAN FL 32958 LEGAL A PARC OF LAND LYING0 IN GOV LOT 4 BEING MDR[ PART DESC AS FO U-: COM AT SE COF OFABOVE MENTIONED GOV LOT 4' TH N 89 DEG 43 MIN 33 SEC W A/-ONG S LINE OF SAID GDV|'UT 4, 121.*8 FT TO PUB ON WLY R/W LINE OF LOUISIANA AV 30 FT R/W, TH CONT N 89 DEG 43 MIN 33 2EC W ALONG S LINE OF SAIDG-OV LO[ 4' 216^60 FT TO A PT, TH N 00 DEG 50 MIN 34 GEC W 60.97 FT rO A PT, TH S 89 DE[ 48 MIN 40 SEC E 74.01 FT TO A PT' TH N O() DEG 0-1 M IN 46 SEC E 8.0 FT TO A PT, TH S 89 DEG 48 MIN 40 SEC E 1i5.0 FT TO w PT ON WLY R/W LINE OF LOUISIANA AV, TH S 2 2 DEG 19 MIN 00 SEC E ALONG WLY R/W LINE OF LOUISIANA AV 74.99 FT TO POB »*»w*»*mx*»w****+»**»**»****** PARCEL � 06 31 39 00000 OC40 00019.0 SOFT. 9583 ASGESSMEN[ i'033'94 OWNER MORRISON'SAMUEL F & GAYE S 274 MAIN 5T SEBASTIAN FL 32958 LEGAL N 80 FT OF S 130 R OF GOV 0T 4, LYING LA AVE & W OF R /W OF FECRR & ALF -AU INC FOLL DESC PARC; COM AT SE COR OF G]V LOT 4^ TH N 89 DEG 59 MIN 33 GEC W ALONGS LINE OF GOV LOT 4, 95.i4 FT TO A Pr ONE R/W OF LA AVE, 11-1 N 21 DEG 36 MIN 58 SEC W ALONG E R/W LINE OF LA AVE 131.59 FT TO A Pr' TH N 6/3 DEG 48 MIN 25 SEC E 20.98 FT [O POD, TH CON[ N 68 DEC, 48 Mr.N 25 SEC E 73.63 F7 To A PT ON W R/W LINE ']F FECRR. TH S 21 oE G 31 MIN 02 SE'- E'� ALONG W R/W LINE OF FECRR 28.,")3 FT TO A PT, TH N 89 DE� 59 MIN 33 GEC W 79.i6 FTTD POB DECEMBER 17 1996 � UL 119 4 ���� 1:2� PARCEL WO 06 3l 39 00000 0»0-40 00020.0 SOFT. 10454 ASSESSMEN[ OWNER CRIPPEN,STANDISH p JR & BECKY L PO BOX 278 ====> 1.043 LOUISIANA AV mosELAND FL 32957 LEGAL A POR OF LAND IN GOV LOT w^ SEC 6-3i-39,L.YING E OF LOUISIANA AVE & W OF FECRR' BEING MORE PART DLSC AS FOLL: COM AT SE CDf� OF SAID GOV |'UT 4' GEC 6-31-39/ T|/ N09 0EG 59 MIM 33 SEC W ALONG G LIN[ OF GOo LOT *' 95.i4 r7 TO A PT ON E R/W LINE OF LDU%SIANP AVE; TH N 21. DEC, 36 MIN 58 GEC W ALONG E R/W LINE OF LOUTS- IANA AVE' 131 .59 FT TO f OB/ TH CONT N 21 DEG 36 MIN 58 SF[W ALONG E R/W LINE UF LOU[GIANA AVE, 127.3 6 FT TO A PT/ r1.1 H 89 DEC 56 MIN 33 E' 101.9 F[ TO PT ON W R/W LINE OF FECRR; TH S 21 DEG 31 MIN 02 SEC E ALONG W R/W LINE OF Fl::.CRR' 90.62 FT TO A PT; [H S 68 DEG 48 MIN 25 SEC W, 94.61 Fr TO POB & INC FOLL PCL' COM AT SE COR OF ABO VE MENT GOV LOT A^ SEC 6-31-39/ TH N 89 DEG 59 MIN 33 SEC W _ ALONG S LINE OF --AID GOV LOT 4, 95.l4 FTTO A P[ ON ELY R/W / INE OF LOUISIANA AVE30 FT R/W/ TH N 31. DEG .36 MIN 56 SEC W ALONG ELY R/W LIN: -K OF LOUISIANA AVE, 258.95 FT TO A PT ON N LINE OF OLD DR ROSE PROP/ TH N 89 D[f' :�;6 MIM 33 GEC E AL[/NG N LINE OF CA -D DR ROSE PROP, 42.�19 F[ [O PDF.i; TH CONT w 89 DEG 56 MIN 3Z SEC E ALONG N LINE OF O/ -D DR ROSE PROP' 59.51 FT TO A PT ON WILY R/W LINE OF FFCRt00 FT R/W; TH N 21. DEG 31 MIN 02 3E[ W ALONG THE WILY R/W LINE OF FECHR' 16.1i FT TO A PT/ TH S 74 DEC 19 MIN iO SEC W,55.�7 FT TO POB/ & L ESS & EXCEPT F-11_1. DESC PCL:COM AT SE COR OF ABOVE MENT GOV LOT 4, SEC 6-31.-,69/ TH N 89 DEG 59 MIN 33 SEC W ALONG S LTN E OF SAID GOV L.Ol 4'95.14 FT TO A PT ON ELY R/W LINE OF LOU- ISIANA AVE 30 -,T R/W/ TH N 21 DEG 36 MlN58 /7,EC W A|'0NG ELY R /W LINE OF LOUlS[ANAAVE' 247.47 FT TO PUD; [H CONT N 21 DEG .3c, n�.* �Jk;� ~ ,..'"'`^ Ci"^4, V.1-1 ``/w L_kwL Jr .'u����«�~. �*^� ' — ^^ .40 FT TOA PT ON LINE OF OLDDR ROSEROSEPROP; rH N 89 DEG MIN 33 BEC E ALONG N LIME OF OLD DR ROSEPROP' '` ^ �2.�9 FT O -~ PT/ TH S 74 DEG 19 MIN 10 SEC W^ 39.64 FT Fa PDB~ PARCEL ®r 06 31 39 00000 0040 00021.0 SOFT. 4792 ASSESSMENr 5i7-02 OWNER HANCDCN,AGNE5 l040 LOUISIANA AVE ====» 1040 LOUISIANA AV SEBAST-TAN FL 32958 - LEGAL S 50 FT OF S 5 A OF E 3/4 OF LOT 4, E OF LA, AVE AS D BK 10t , PP 309 PARCEL � 06 31 39 00000 0640 00022'0 SOFT. ?405 AS5ESS1E1-1T 798'95 OWNER YAlES,MELVIN EARL & MILDRED L 7591 SW 36TH Sl ====> 1065 LOUISIANA AV MIAMI FL 33155 LEGAL PART OF LOT 4 AS 1N D BK 53 PP 378 & R BK 67 PP 197 PARCEL 0 06 31 39 00000 0040 00025.0 SOFT. O494 ASBESSMEN[ 91.6.45 OWNER SEBASTIAN METH CHURCH INC. PO BOX 780328 ====> SEBASTIAN FL 32978-0328 ' LEGAL BEG AT SE COP 0F LOT 5, BLOCK i OF S01001- PARK S/D, RU N 8ELY ALONG W LINE OF LOUISIANA AVE.TO INT'�RGECT W1TH N LINE OF PALMErTD AVE' RUN SWLY ALONG N |'IN[-:: OF PALMETTO AVE TO SE COR OF LOr 3J OF A G ROSE SUB;m]N NH|'Y IALONG E LINE O LO7 32 OF A G �'!O"mE SUB TO SW COp OF LO[ 5, BLK 1 OF SCHOOL PK SUE'l/ RUN NE: Y ALONG S LINE OF LOT 5 B/'K i OF SCHOOL Pu SUB TO P.O.B. ([1N BK 482 PP 719 TO 72�5) PARCEL 0 06 3J 39 00000 0o40 OWNER CITY OF SEBASTIAN, 1225 MAIN S[ SEBASTIAN LEGAL BEG WHERE PALM!TTrO ALONG S LINE oil:-- THENCE FTH[NCE SLY ALt}NC E TO LA AVE iOO /'T [O LESS Rf AS D Bk i P DECEMBER 17 1996 00026.0 SQPT. �600 ASSESSMENT 604.20 FL 32958 AVE INTERSECTS W L.TNE OF FEC RR' RUR WLY PALMETTO AVE' TO E i. -INE OF L.A. AVE 100 FT LIME OF LA AVE 90 FTELY AT RIGHT ANGLE.G RR R/W/ NLY ALONG W 1 -INE OF RY TO BE(� F` fL96 PARCEL 0 06 3i *,�9 00000 5(',00 00003.0 SOFT, 8/i2o ASSESSMENT 9,]l?9.72 OWNER TUERK,GEORGE R (+0*x) & C/O PO BOX 3280 ====> VERO BEACH FL 32964-3280 OWNER STREETMAN,GEORGE H (25%) OWNER MACWILLIAtM,ALEX ./R (25Y) OWNER M#CWILLIAM,ALEk 111 (10%) LEGAL NEi/4 OF SWiy4 LYING W OF LOUISIANA AV' L:*XC/zPTING THEREFROH THG SOUTH 534.150 FT,& ALSO EXCEPTING THEF|EFXOM LANDS DEEDE() - TO FOSTER' GRE[N' CATO. kELSO & BAPTIST' /`HU/�CH (0;1.' BK 452 PG 679) & LESS FULL DESC PROPERTY: FR 6E COR OF/4 OF S|� 1/4*DF SEC 06 -Zi -39, RUN N 00 DEG OO i1IN0t .:)F-..0 E' 74O.i2 F| TO POB OF FOLL DL5C PROP' TH G 89 DEG 1t MIN Oi SEC 1A, 290.V FT; TH N 00 DE� 5/ MIN 40 SEC W. 307.03 FT; TH N 89 DEG 44 M IN 1* SEC E' 2p5.13 FT, TH S 00 DEG 00 MIN Oi yEC W^ 304.73i FT TO POB, LESS /HE ELY 15.0 FT FOR LOUISIANA Av. ^^-.""^°=^°"^n".^`,~^='",°="`°"^°.jv~="''It^,^^""~^-,°­,,`'`" `-- '^ PARCEL # 06 31 39 00000 5000 00004^0 SOFT. 27007 ASSESSMENT 2,9t�.89 OWNER T#YLDR,E W & 1053 LDUI8AN# AVE ====} 1053 LOUISIANA #V SEBASTIAN FL 32958 OWNER PFENNIWGER'JOHN JR LEGAL BEG 109 FT W DF NE COR OF SWi/4 IN CEN OF LA. AVE FOR P.Q. B. RUN W ON N LINE ONEi/4 OF SWi/4 212 FT, S i70 FT' E 267 Fl TO CEN OF LA AVE NWLY ALONG CEN OF LAVE TO P.O.B. LESS T O ROSE ET AL PARCEL � 06 31 39 00000 5000 00008^i SOFT. 2/768 ASSESSMENT 2,996.00 OWNER Ah0ERSON,FRED W & CINDY PO BOX 815 ====> J-001. FOSTER N0 RDSELAND FL 32957-0615 LEGAL COM AT SE CDR OF NE1/4 OF SWt/*.RUN N 740.12 FT.TH W 15.0 FT TO W WW OF LOUISIANA AVE TD r/lH,TH CONT W 178.0 Fr, TH S 156.0 FT,rH E 1.78.0 FT,TH N 156.0 Fr ('D POP (OR BK 740 PP 2609) »**»**"»*�**»*** PARCEL nor- 06 31 39 00000 5O00 000i2.0 SOFT. 13068 A8SESSMEN[ 1'*O9-95 OWNER FRANKLIN'RUBY B 'LE)(779/29i) PO BOX 396 ====> 1033 uJVISIwNA AV FELL9MERE FL 32948-0396 OWNER FREDELL,BERT%E OWNER HDLLAND'EDNA LEGAL COM AT NE COR OF NEi/4 OF SWi/4~ RUN W 1.24 FT MORE OR LESS' TO W R/W OF LA AvE^ TH RUN SELY 201-00 FT MORE OR LESS TO POE, TH RUN W ��6:� Fl, TH S 75 FT' TH E 180 FT MORE OR LESS TO E R/W OF LA AVE, TH NWLY TO POB' (OR BK 61.6 PP 21i64) PARCEL � 06 34- 39 00000 5000 00022.0 SOFT. 28750 ASSESShEN[ 3^10i.95 OWNER SHUTTLEWORTH,JUD]TH CAROLYN 909 LOUISIANA AV ====> 909 LOUISIANA AV SEBASTIAN FL 32958 LEGAL A PARC OF LAND LYlN� IN SW 1/4 MORE PARTDESC AS FULL:COM A[ SE COR OF NE i/« OF SW i/*. TH W 15 FT TO W R/W LINE OF LA AVE', TH S oO DEG -1�i MTN 20 SEC W 16.75 Fr ALONG W R/W LINFK OF LA AVE TO PDB^ THS 00 DEG 41 MIN 20 GEC u A[-OM� W R11A) LINE OF LA AVE iO4.24 FT TO A PT ON N i'IN:::: OF* ORANGE HGT�7 UNIT i, AS IN PRT 7-49' r|/ S 89 DEC, 53 MIN 20 SEC W ALONG N LINE OF SAID O;'<A#GE HGTS UNIT i' 290.65 FT [O A PT' TH N VV DEG 41 MIN 20 SE[ E 64.64 FT TO A PT' TH N Q9 DEG 53 MIN 20 SEC E 40.28 FT TC # PT, TH N 00 DEC, 45 MIN 26 SEC E 39.25 F T TO A PT, TH N E --!v DEG 48 MIN 24 SEC E 250.33 FT TO POB ON W R/W LINE OF L.A AVE DECEMBER 17� 1996 � �� 121 At ° .~"`' `^"'^ PARCEL 06 31 39 00000 5000 00023.0 SOFT. 24829 ASSESSMENT 2'�,,8'*0 OWNER FLORIDA POWER & LIGHT CO, ATT'PROPERTY TAX DEFT PO BOX 14000 ====^ JUNO BEACH FL 33408-0420 LEGAL 1.5 A IN SWi/4. l` BK 17^ PP 236 PARCEL. 0 06 31 39 00000 5('00 00024.O SOFT. 66647 ASSESSMENT 7,190'81 OWNER CITY OF S2BASTIAi^^ 1225 MAIN ST 100 V[TERANS MEMORIAL WAY SEBASTIAN FL 32958 LEGAL 7.5 A IN SWi/4, I` BK 3' PP 279 LESS E 285 FT OF S 433 FT T HEREOF & LESS N 267.25 FT AS MEAS//RED #/'DNG RR R/w AS PER OR B1< 708 Pp 8i9 PARCEL 0 06 3l 39 00000 5(X)0 00024.i SOFT. 64469 ASSESSMENT 6.955'81 OWNER' VE�S OF FOREIGN wARC PST 10210' 815 LOUISIANA AVE ====) Ei5 LOUISIANA AV SEI!ASTIAN FL 32958 LEGAL ALL THAT LAND LYING IN SE 1/4 OF SW 1/4 DESCRIBED AS FOLLuW S: BEGINNING A[ 11E. COM AT GE COR OF 13E1/4 OF �Wi/4 RUN N 690 FT MORE OR LESS, TH W TO A PT ON W R/W OF LOUISIANA AVE & ELY R/W OF n�' THS 00 DEG 35 MIN 32 SEC H 221.�8 FT TO KNOWN AS LOUISIANA AVENUE; THENCE, ON A DEFLECTION ANGLE OF 90 DEG 17` TO THE P.O.B. TH S 00 DEG 35 M[# 59 SEC W 45.99 FT, TH S #O DE(; 4.1. MIN 20 SEC W 209.94 Fr, TH N 89 DEG 31 M IN 40 SEC W 68.7p' FTTH S 89 DEG 33'MIN 00 S17C W 141.2i FT' ON A DEFLECTION ANGLE OF 89 DEG 43' TO lR< LEFT RUN 210.00 FEET SOUTHERLY »N ATH 5 89 DEG 30 MIN 00 S�C W 3.64.91 rT' TH N 38 l»EC 42 M1N 4i SEC E 267.25 FT, [H y 89 DCG 23 MIN i 8 SEC E 141.65 Fi TH N 00 DEG 35 MIN 32S/7C W 46.60 FT, TH S 89 DEG 34 MIN 28 GEC E 68.60 FT TO P.O.B. (OR BK 708 PP 8z9) PARCEL. 0 06 3i 39 00000 5�00 00025.0 SOFT. 8/i20 ASSESSMENT 9'*�99 72 OWNER CHARLES L FUTCH pOGT NO 189, ^ PO BOX 153 ====» 607 LOUISIANA Au sE8ASTIAN FL 32958 LEGAL LOT 300 FT BY 30[ F7' IN SE CDR -OF SWi/4 AS IN D HK 50' PP � ' LESS RD R/WS & CHEGSER/ & ALSO LUr 133 FT N * G BY 300 FT E & W IN SE3..4 OF SW 1/4 AS D BK 87 PP 75 PARCEL 0 06 Zi 39 00000 5000 00027'0 SOFT. 87120 ASSESSMENT OWNER P#LMER,GREGORY PO BOX 780295 LOUISIANA AV SEBASTIAN FL 32978-0295 LEGAL COM 15 FT W OF SE CDR OF NE1/4 OF SWi/4 RUN N 154.4/4 FT' TH M 89 DEG 05 MIN W 191 FT TO POB, TH N 09 DEG 05 MIN W 594 FT' TH N 189.42 FT, TH S 89 DEG 05 MIN E785 FT TO W R/W OF L # AVE. TH S 30 FT ALONG W R/W OF LA AVE, [H N 89 DEG 05 MIN W 191 FT. TH S 1.59.42 FT TO POB PARCEL 40 06 31 39 00000 5000 00028.0 SOFT. 30449 ASSESSMENT 3 285 26 OWNER D'NEIU-,CAROL JANE & ' ^ 7403 HILLSIDE DR ====v LOUISIANA MY FREDERICK MD 21702 OWNER PALMER,ELIZABETH T LEGAL COM 15 FT W OF Si.'- CDR OF NEi/4 OF SWl/4 RUN N i54.411 FT TO ' OB. TH N 89 DEG 05 MIN W 191 FT, TH N i.-'-9.42 FT, TH S 89 DEG 05 MIN E ipt FT TO E H/W OF LA AVE' TH ':,) 159.42 FT TO PO 8 (OR BK 632 PP 2993) PARCEL. '. 06 31 39 000�00 5000 00031.0 SOFT. t6331 ASSESSMENT i 7�� 0i OWNER PA|'MER,GREGORY B ' ^ PO BOK 780295 LOUISIANA #V SEBASTIAN FL. 32978-0295 LEGAL COM 15 FT W OF ES;!* COR OF NEi/4 OF SW1/4'RUN N 343 G� FT TO P OB, TH W 136 F[, TH N 120^08 FT' TH E 1.3, -.)FT TO E^R/W OF LA AVE, TH S ALOwI�T' W LINE OF SAID R/W i2A.08 FT TO POB (DR - BK 522 PP 978/ ' - ��� �� �� ���� ~~~~`~~~`~~~~^�� �^' ���~" 122 PARCEL 0 06 31 39 00000 5u00 00032'0 SLIFT. 7520 ASSESSMENT OWNER [HATHAM'JOAN�C 94'5)9�LOUISIANA ;'lV[ ====» 945 U}UISIANA AV SEBASTIAN FL 32958 LEGAL COM 15 FT W OF SE COR OF NEi/4 OF SWi/4'RUN N 463.94 FT TO P OB' TH W 136 Fr' TH N 70 FT, 7H E 136 FT TO W R/W OF LA AV� TH S 70 FT TO pOB [N (-< BK PP i95 ***** X N -11r, 'k*)t' ***')t PARCEL. �063i39 00000 50,00 00047.0 SOFT. 4'_*?758 ASSEISSNEN[ 4'613.33 OWNER FA|JMER,TAMARA cA\lE & ELIZABETH 917 LOUISIANA AVE 9i7 LOUISIANA AV SEBASTIAN FL 32958 LEGAL A PARC OF LAND LYING IN SW 1/4' MORE PAR[ DESC AS FOUL: C OM AT GE COR OF NE 1/4 OF SW 1/4, TH W IS FT [O W R/W LIN:::' OF LA AVE, TH y OV DEG 41 MIN 20 GEC W l6^'/5 FT ALONG W R/W LINE OF LA AVE TO POB, TH S 89 DEC 413 MIN 24 SEC W 250.33 — FT TO A PT, TA N 00 DEG 45 MIN 26 SEC E 17t.03 FT TO A ,`T. T H N 89 DEG 44 MIM 40 SEC E 250.13 F[ TO A PT ON W R/W LINE OF LA AVE^TH S 00 DEG 41 MIN 20 SEC to ALONG W R/W LIN!'7, OF LA AVE 17i.30 FT rO PO}/ ����A R,,*","—W,-'`,`'`'s, It t- ^''`�°,`.```.` PARCEL ®r 06 31 39 00000 5000 00049.0 SOFT. 84857 A8SESSHE#r 9^i55.56 OWNER WRIGHT,JACN F .]R (TRS) & FBO WILLIAM F CUNDIFF FAMILY 1.023 LOUISIANA AV' TRUST 1023 LOUISIANA AV t18 8 POLLARD ST 1023 LOUISIANA AV VINTOW VA 24179 OWNER MUSSELWHITE'BILLIE SUE (TRS) OWNER BROWN,ANNE (TRS) OWNER LOG#w^JACKIE (rRS) LEGAL COM AT SE COR OF HEI/4 OF SWi�4, RUN N 740.12 FT. TH W TO W R/W OF LA AVE. SA1DPT BEING TRUE PDB, TH S 89 DEG 11 MIN 01 SEC W 275 FT, [H N 0 DEG 57 MIN 40 SEG W.307^l3 FT' TH N 89 D EG 44 MIN 14 SEC E 280.13 FT TO W R/W OF LA AVE, TH S 304^31 FT TO POB ([R BK 641 PP 343) PARCEL � 06 31 39 00005 001.0 00001'0 SOFT. �663 AS5ESSMEN[ 61i.00 OWNER SEBASTIAN METH CHURCH INC., PO BOX 780328 SEBASTIAN FL 32978-0328 LEGAL RE[`LAT OF SCHOOL PK SUI; PBI 2}29 LOT i 9LK i PARCEL � 06 31 39 00005 0010 00004.0 SOFT. 9148 ASSESCMENr 987.0l OWNER SEBASTIAN METH CHURCH INC' PO BOX 780328 ====> SEBASTIAN FL 32978-0328 LEGAL REpLAT OF SCHOOL PK SUB PBI 2)29 LOT 4 BLK i PARCEL 4ur- 06 31 39 00005 0OtO 00005'0 8OFT. ?148 ASSESSHEN[ IM7.0i OWNER SEBASTIAN METH CHURCH INC, PO BOX 780328 ====> SEBASTIAN FL. 32978-0328 LEGAL REPLAT OF SCHOOL PK SUB PBI 2}29 LOT 5 BLK i PARCEL lw- 06 31 39 00013 0001 0000i.0 SOFT. 11761 ASSESSMENT i,768'94 OWNER CITY OF SEBASTIAN, 1225 MAIN GT ====> LOUISIANA AV SEBASTIAN FL 32958 LEGAL W A MARTINS SUn rBS 3}i2 ALL BLK A �� ��� DECEMBER �'' �°',~, 123 uK� �9(•y4 St•if•ai•�>t #at•3t �•iFit•9t•96ii 3E 1�ii �:('•x•ii• .i•at••r.•# 1t•fi•9E#•N ##ar•.it•7Ea(•dtdt•9t•a@� �•?6•Nrit )43@t t••>t •lE :k tt••Tt• ii•� dF+•t �(•Bt••it #at• H Ai•a4 t(•'1t••1t• }(••?(^( �3@ :w• N L• •:i it PARCEL. 06 31 39 00013 0002 00001..0 SGFT. t::�h5'.� ASr.. ES" MEH f OWNER CITY OF SEBASTIAN, 12:5 MAIN ST ' _--_> 5.032 LOUISIANA AV SEBASTIAN FL 3 950 LEGAL W A MARTINS SUB F'BS 3)12 BEG 300 FT S 6 i5 FT E OF NW lwOF: 0 F GOV LOT 6, RUN s TW LIN'r."•: OF FEC RY ti/ W, NWLY 153 FT, -iU'd W TO ANCHOR BOLT, RUN S TO P.O.B.; F'AR'(' 013LK B & C, W A MAR I' I NS SUB D BK 26 F'F' 267 ata',-' n A-•rc K ac a; xae Hti: aeaC 7t :: at 7r •t at at .:a:-.,:.:.na:-rcat r: 7Cr: ,r xaV :r. ar yr.•.: :K•::•.-;gi n.:•a+: a.1Cat ,t•N•Y•. ,. .'C 3t 7t••t.•y 1t .IS• t.. PARCEL T 06 31 39 00013 0003 00001.0 SOFT. 14375 ASSs.SSMEN t' OWNER COLEMAN,LOUISE (i/3)(H)*6 C/O ALICE CHESTER ____> 1024 LOUISIANA AV 1060 FACE DR NW 1024 L:IUISIANA AV PALM BAY FL 32987 OWNER ASHBURNER,HERBERt E (1/3) _ OWNER CHESTER, ALICE LEGAL W A MARTINS SUS{ FBS 3-12 BEG 400 FT S & i5 1.7 IC OF NW COR OF LOT 6, RUN E 9.5-'l*- FT MORE OR LESS TO W R/W OF F -C RY, RUN NLY 139.5 FT, kl,li•; W 21 DEG S 95 FT MORE UR LESS TO E LINE OF LA AVE, RUN S i00 FT TO P.O.B., PART OF Bl..K C, W A MARTIN SUB �ac•�ta(•a�a� ��•x-�•�� � •x••>Fat et•��•�•�c � a�,r•tt :;..,� x as•�•ar• •x•�at••�e �t �• �! at•�i u ae �(•� >F•x :c >Fat ,� at••tt .i••� � tt •�•x••.i•i(••x at•3i•at' +�� x :c atnae•� ,ra�•��: -x• u �•;t• PARCEL. a 06 31 39 0005.3 Oi:iO3 00003.0 SOFT. 36590 ASSERI: MEN'T 3, 947.84 OWNER SIMS, LILLIAN JI :WELL 1016 S LOUISIA'NA - .-.__> 1016 LOUISIANA AV SEBASTIAN FL 32958 LEGAL W A MARTINS SU 1 l' -OS 3-12 FART OF' BLK C:, MORE FART DESC AS F -O LL: BEG AT A PT ON E LINE_ OF LOUISIANA AVE 400 FT S OF N LINE OF LOT 6, 71-01, S 200 FT, TH E 222.8 FF T'0 W R/W OF FEC: R R, TH N 22 DEG W ALONG W LINE OF FEC RR 214 FT, TH W 1.4.3 FT TO POD (OR BK 46.E PP 978 ) �•�c•�c� x•�s •x •��•� �c at•: �t•�t•at••x �•�c •��•ac �i•� �•x•�;•a(• iea�•as•a�•x ;e sae �t•�at• x at•at•�c � x ac ac : r.•:c x ne sF;c ae•�ae•it a� tt• u � x• 3,; �� ac at•a�• x •tt•',� u ac � x at•at• � ac• ::t••tt• PARCEL l 06 3i 39 00013 0003 00005.0 SOFT. ;3f}49:i AjSSESSMEN(' 3,:229.90 OWNER WHITE:, AROL E=: 1,41-.' & JUDITH ANN 1004 LOUISIANA A%t < ._=) 1004 LOUISIANA AV SEBASTIAN FL 3295E LEGAL W A MARTINS SU :s F•:CIS 3 )12 N 125 FT OF FOUL BEG 600 FT S & iS FT E FROM NW (:,OROF GOV LOT 6, RUN S .506 FT; RUN E TO W R/W i.INIr- OF F.:*',.''r;'i' , NLY 606 FT MORE OR Ll. -KSS TO LAND IN D 6K it,' Pz 666-p- RUN W TO P.O-B- AS I) BIC 26 PP 2,54 m•><x ia•x ai x •x• x �t•aF..••��•�t•ae� •it• ��•;c• ��• �t• ri ai•at• u x ��•• x•ae x ac u �i•�t �:� at � �t u aF4(• >H x •u �+�:c ��>Eac••x• x••u aF xaF� n aFaE x•�a« reit• x x � x••x•ac ,rpt PARCEL 41- 06 31 39 00013 01' 10 3 00006.0 SOFT. 20473 ASSESSMENT 2,208.91 0WNErFMARZIN, DONALD t..AtJRENCE* & THE:LMA M 1000 LOUISIANA Atirs:: —w•==> 1000 LOUISIANA AV SEBASTIAN FL 32958 LEGAL W 6 MARTINS SU( - F:186 3)12 BEG 600 FT S & tS FT E OF NW ('OR 0 F GOV LOT 6, RUN E3 200 FT TO P.O.B., RUN E TO W R/W LINE OF FIX RY; RUN NL. Y 75 FT MOF::E OR LESS TO F'''I t -IA t' IS 713 FT N OFF' S BDRY LINE OF ,``R.(il=' CONVEYED; RUN W .!'O PT 75 FT N OF P.O.B, 75 FT TO F'. 0. E:.. A'F: D BK 10 .E PF' 156 i OR BK 482 PF' 919 ) .h••It'P::IiI'•/':9t"It'al•1i'aC•.-:t'�t9:-aYR':•L aC al":•Ola'.........1.,-.:':-:':•1t'•,."::•,r,7R....,o,t....Yt'at••.:!'.nl".ti::',t..•:':'t'....,t'a:t:•i•1'.••..,t•.:':'.t•at.a.. .. ,p..i..,.,.. :r:•: •:r ., .. .. : PARCEL 4 06 31 39 00013 0003 00007.0 SOFT. 4::689 ASSESSMa i' 4,60'E-86 OWNER GILLIAMS,DAMIEN 1-1 6 BONNIE FEY 713 LAYPORT DR ====> 516 G::RALD 61' SEBASTIAN FL 3958 LEGAL W A MARTINS SUB F:1+;, 3)12 N 150 FT OF l=O1_L BEG 1206 FT S 6 iS FT E FROM Nltl COOF GOV LOT 6, RUN N :345 FT; RUN E 276 FT TO R/W OF FEL..S RY RUN SWLY ALONG W R/W:IF ;`ELLS RY 350 FT M ORE OR LESS TO F'.T E OF F' , O . B . ; RUN W.:.'_36 i "T TO F' . L; . B . D HK 45 PF' 204 DECEMBER 17, 1996 124 PARCEL 06 3i 39 00013 0003 00008.0 SOFT. i4375 ASSESSMEN[ 1,550.97 OWNER PALMER,ELIZABETH PO BOX 295 ====> 9,36 L0UISIANA AV SEBASTIAN FL 32978-0295 LEGAL W (4 MARTINS SU3 FBs 3}i2 BEG 1206 FT S & i5 FT E FROM NW COR OF GOV LOT 6, RUN Ni95 FT, RUN E 170 FT, RUN S 85 FT- 'TO N LINE OF TALL OALS DR; RUNW J.70 FT A|.(�NN L[NE OF TA�L OAKS DR/ RUN N ALON� |' R/W OF LA AVE 85 FT [O P.O.B. AS R BK 7 ' PP 266 (DR BK 48.'.1 PP 845) PARCEL � 06 31 39 00013 0003 00010.0 8QFT. i3939 ASSESSMENT 1,503.93 OWNER BARRON^RUTH 925 TALL OAKS 0R ====, 925 TALL OAKS DR SEBASTIAN FL 32956 LEGAL. W A MARTINS SLY. FDS 3}12 13EG i206 FT S & 1.5 FT E FROM NW CUR OF GOV LOT 6 RVt�/ N 345 FT, E 276 FT TO R/W OF FELLS RY/ RUN S(,,ILY ON W R/W L) NE OF FELLS RY 350 FT MOR:- OR LESS TO PT E OF P.O.B./ RU|%� k 236 FT TO P.O.B. AS D 8K 45 PP 204 LESS N �5O FT & PAR D BK 99 PP 519 & AS D BK 107 PP 219 & PAR CEL AS R BK 76 P; 26& PARCEL AS R BK 76 PP 265 (DR BK 493 PP 725) _ PARCEL � 06 3i. 39 00013 000-3 000ii.0 GQFT. /200 ASSESSMENT 776'83 OWNER FLOOD, DOUGLAS 8 & MTCHELLE L 924 LOUISIANA AVE 92'3 LOUISIANA AV SEBASTIAN FL 32958 LEGAL W (4 MARTINS SUB FBS 3)12 CDM AT A PT ON E T'IDRY O}' LA AVE WH ERE SUCH E BDRY LINEIS INTERSECTED BY WLYBDRf LINE (}F 81W OF TRANS FLA CEN RY KNOWN AS FELLS RY &!-ROM SAID PT RUM -N O N E BDRY LINE [,F LA AVE 382.5 FT TO P.O.B./ RUN E 120 FT/ RUN N 60 FT/ RUN W 120 FT TO E BDRY LINE OF LA AVE/ RUN S ON E BDRY LIME OF LA AVE TO P.O.B. AS D BK iO7 PP ?19 & R BK 120 PP 4i7 PARCEL -ow- 06 31 39 00013 0003 00013^0 SOFT. 0400 wSSESSHEN[ 906.3U OWNER WARD^8ETTY J 916 G LOUISIANA AVE 914 LOUISIANA AV SEBASTIAN FL 32958 LEGAL W A MARTINS SOB FBS 3)12 BEG AT %NTRSEC OF E R/W LINE OF LA AVE & N LINE OF FELLS RY R/W, RUN N ON E R/W LINE OF LA AVE 242.5 FT rO P.O.B.- RUN E 120 FT/RUN J-40 FT&RUN W 120 F T TO E RyW LIN.'::. OF LA AVE& RUN S ON E B/W LINE OF LA AVE 140 FT TO P.O^8, LESS THE N 70 FT AS IN OR BK 552 PP 228i PARCEL 0 06 31 39 00813 0003 00013.1 SOFT. 8400 ASSESSMENT 906.30 OWNER CASTILLO,SANDRA 920 LOUISIANA AVE 920 LOUISIANA AV SEBASTIAN FL 32958 LEGAL W A MARTINS SUB PBS 3-12 BEG ON LA AVF. & F -:-'LLS RY R/W, RUN N 382.6 FT TO PUn, RUN E 120 FT, S 70 FT, W 1�� FT' N 70 FT TO PDB AS IN ox BK 552 PP 2281 ' PARCEL � 06 31 39 80Oi3 0003 0001.5.0 SOFT. i3068 ASSESSMENT -i'�09.95 OWNER HORNE'BARBARA J SiOUGM RT 3 BOX 1517 912 LOUISIANA AV STARKE FL 32091-9350 LEGAL W A MARTINS SU8 FBS 3)12 S 242.5 FT OF FDLL BEG AT INTRS�C OF E R/W LINE OF LAAVE & N LINE OF FELLS RY R/W |NUN N 382.S FT; RUN E 232.5 FT MORE OR LESS TO IN7�RBECT FELLG RY R /W/ RUN SWLY A;-ONG N LINE OF FB -LS RY R/N TO P.O.D. AS 8 BK 25 PP 505 LESS P[/R IN SWi/4 OF SEi74; ALSO PART OF 8Wi/4 OF SE1/4 AS R �K 59 PP 553 (Oe BK 137 PP 367) luo � ,� x�u��,' ��^= ���� 125 PARCEL 06 31 39 000:13 0004 0000i'1 SOFT. 7-38*4 ASS.'-SSMEN[ 8,506'79 OWNER INDIAN RIVER COUNTY' t84A 25TH ST VERO BEACH FL 32960 LEGAL W A MARTINS SU8 PBS 3-12 A STRIP OF LANDTHRoUQ1 #Wi/4 OF SEi /4 OF SEC 6. 35 �A* WIDE OF WHICH i0 FT ARE ON W SIDE & 25 Fr ON E SIDE OF CENTERLINE OF FELLSMERE RR, WHICH CENTERLINE BEG AT A PT 186 FT E OF SW COR OF SAID NWi/4 OF SE 1/4, RUN ON A 7 DEG CURVE TO LEFT, THE CHORD OF WHICH RUNS N 19 DEG 53 FT MORE OR LEcS TO W SIDE OF R/W OF rECRR & ALSO A PIECE OF LAND DESC At ,OLL' BEG AT A PT LDChT-ED ON W SIDE OF R/W OF FECRR 417 FT E & 294 FT N OF SW COR OF NHt/4 OF SEi/4 DF SEC 6, RUN ALOHG W BDY LINE OF SAID R/W N 22 DEG W iRA FT TO E BDY OF R/W OF FELL8MERE RR, T|i ON m 7 DEG CURVE TO RIGHT, THE CHORD UF WHICH RUNS S 7 DEC*.. W 206 FT, TH M 68 0E G E 99.5 FT TO &ALSO A PIECE OF LAND DESC AS �:'OLL: 8EC AT NW COR OF SW2./'4 UF SEi/4' TH RUN S 370.25 FT' TH N-38 D - EG E 475 FT, ~FH w 29-1.26 FT TO BEC |_ESS P011-"ZCEL DESC IN OR BK 59 PP 553 (UR 8K 686 PP 347) °IV ,A W. A -A AW — .". ),``.~`^.~ - " It . rt. . - ., .. rt. : "I``^="°"�!"".^^=,^.`=, ' "^^"..~.~..,` PARCEL 0 06 31 39 00014 0070 00001.1 SOFT. 10890 ASSESSMENT i,J.7A'96 OWNER JUST%CE,CHESTER A * & CARR%NE B 17747 ST HWY 19*E ====» PHYLLIS KY 41554 LEGAL HARDEE8 ADD. TO SEBASTIAN PBS 3-1 PART [IF /'OT A/K/A LOT 1 0 F SURVEY OF PART OF LOTS i TO 5 INC BLK 7^ /'ESS PORT FOR ADD'L R/W AS DESC IN OR BK iii8 PG539 PARCEL � 06 3J 39 00014 0070 00001.2 SOFT. 1?000 ASSESSMEN[ 971.04 OWNER GMYDER,GREGORY L 832 LOUISIANA AVE ====> 1332 LOUISIANA #V SEBASTIAN FL 32958 LEGAL HARDEES-ADD TO SEBASTIAN PBS 3+1 PART OF /'O[S t & 2 AS DES/, IN R BK 314 PP 497 LESS SLY '75 FT, A/K/A LUT 2 OF SURVEY OF PART OF LOTS i T[` 5 INC BLK 7 PARCEL � 06 31 39 00014 0("-,7O 0000i.4 SOFT. 9000 AS6ESSMENi Y7i-04 OWNER OLIwER,QLORIA E 9870 61ST 5T T�RF ====y 828 LOUISIANA AV SEBASTIAN FL 32958 LEGAL HARDEES ADD TO SEBASTIAN PBS 3}1 PART OF LOTS t & 2 AS DESC IN OR BK 491 Pp 500 A/K/A LOT 3 OF SURVEY OF PART OF LOTS i TO 5 INC BLK 7 /UR BK 491 PP 500) PARCEL IF 06 31 39 00014 0�r0 00002.0 SQFT. iO200 ASSESSMENT i'j.00.5i OWNER HARRIS,QFZEG]RY 736 EDINBURG R{) ====/ 824 L/lUIS%ANA AV TRENTON NJ 08619 LEGAL HARDEES ADD TO SEBASTIAN PBS 3}i PART (IF LO[ 2 AS DESC IN UR Bk 365 PP 159, f-.LSUKNOWN AS LOT 4 & N i0 F[ OF LOT 5 DF SURVEY OF PARr OF LOTS 1 TO 5 INC BLK 7 PARCEL 0 06 31 39 00014 00,"70 00003^0 SQFT. 1.0200 A80ESSHEN7 i,j.00.5i OWNER GHAW'FZOBERT A A. �HInLEY 32o TANGELO GT ====x 820 LOUISIANA AV SEBASTIAN FL 3I950 LEGAL MARDEES ADD TO SEDMSTIAN F'BS J)i PART OF LOT 3 AS IN OR Bu Z- 83 83 PP 124 A/K/"�'- [HE 65 FT OF LOT 5 & N 20 F' OF LOT 6 OF SURVEY OF PAR: ['F LOTS i TO 5 INC BLK 7(UR BK 49� F'P 724) DECEMBER 17 1996 126 _ PARCEL -% 06 31 39 00014 0"`70 00O04-0 SOFT. J. 3)Hoo ASSIISSMENT i'*80.97 OWNER GTONE,J#MES Or 720 LOUISIANA AVE /20 LnUISJANA AV SEBASTIAN FL 32950, LEGAL HA}�DEES ADD TO SEBASTIAN PBS 3}1. PARTS OF LOrS 4 & 5 AS IN (O[. BK 405 PP 788) A/K/A S 5 FT OF LO[ .5 & LO7 7 & N 35 Ff DF LOT 8 OF SURVEY OF PART OF LOTS i 115 INC BLK 7 ^"^^-Jv="^^�°~"""="``" "=-",==^".--p.. . � *'.`,=-,-`~-'=,^, ` '' . ', ' PARCEL 40 06 3i 39 00014 0070 00004.1 SOFT. 1--4800 AS3ESSMEN/ i'488'93 OWNER HUBBARD'GEORGE W & BETTY A 808 LOUISIANA AVE. ====» 80-9 LOUISIANA #V SEBASTIAN FL 32958 LEGAL HARDEES ADD TO SEBASTIAN PBS 3)i PART OF LO[S 4 & 5 A,,,iiK/A S 40 FT OF LOT 8 & 9 OSURVEY OF PART OF LOTS i TO 5 INC BLK 7 AS IN (OR BK 437: PP 201) PARCEL -ow- 08 31 ;39 00014 CNK} 00005.0 SOFT. /4O5 ASSESSMENr '79B-95 OWNER PEDICO,OSCAR R & ROBERTA D PD BOX 2632 LOUISIANA AV -- VE[zD BEACH FL 32961-2632 LEGAL HARDEES ADD TO SEBASTIAN PBS 3}i. PART* OF Lnr 5 AS R BK 305P P 15 A/K/A LOT i(, OFSURVEY OF PART OF LOTS ). TO 5 INC. BL|: 7 PARCEL IJL 06 31 39 00014 0090 00011.0 SOFT. 2.-5087 ASSESSMENT 2'490.94 OWNER THDMFSON,BIU-Y J a. C/O 613 GW ELLzm(-,SF-w AVE ====, SEBASTIAN FL 32958 OWNER GOLIEN^GREGORY R PA & OWNER LOVELESS,HELEN T LEGAL HARDEE8 ADD TO SEBASTIAN PBS 3-1 LOTS \i' 12 & 13 BLK 9 (O R BK 631 PP 5541) PARCEL 0- 06 31 39 00017 01�10 0000i'0 SOFT. 939i ASSESSMENT 1'013.23 OWNER YOUNG'CHESTER (Lf) 300 VALENCIA Sr 304 VALENCIA ST SEBASTIAN Fl. 32958 OWNER YOUNG,CHESTER DAvID LEGAL ORANGE HEIGHTS Si/B UNIT i PBI 7`49 LOT i LE/3S W 7� FT BI -K i (OR BK 405 PF, 92�/ TOTAL SQ FEET IS TOTAL ASSESSMENT [S 155'400'10 DECEMBER �'7 �', ���~" ���� 127 � � ���� ; �PALE�"�� _23G�`_I -1=1-12'IIJ _1- STREEI Qk- -71 � LOUISIANA AVE WATER MA MAIN ST. TO C. R. 512 INDIAN RIVER COUNTY PROJECT NO. UW -96 -17 -DS F E. S IR.E iaO k- d. �p SIRET T I dc R 0", L I Dimensions shown aiv approximate RED DASHED LINES REPRESENT EXISTING FOI BLUE DASHED LINES REPRESENT EXISTING W GREEN DASHED LINES REPRESENT EXISTING DECEMBER 17, 1996 128 CEUMNLINES TER LINES GRAVITY SEWED CORNERSTONE SELECT HOMES, INC. - DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF SEBASTIAN MODEL HOME CENTER The Board reviewed a Memorandum of December 6, 1996: DATE: DECEMBER 6, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT01 DIRECTOR OF IL3kTY� VICES PREPARED WILLIAM F. , P.E AND STAFFED CAPITAL P E ER BY: DEPARTME LITY SERVICES SUBJECT: CORNERST SELECT HOMES, INC., DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF THE SEBASTIAN MODEL HOME CENTER BACKGROUND Attached is a proposed developer's agreement with Cornerstone Select Homes, Inc., for reimbursement of offsite utility construction. The construction consists of an 8 -inch water main on US 1 south of Schumann Drive, _which is sized to serve the surrounding area. Cost-sharing is covered in the agreement under Exhibits A and B. ANALYSIS As stated, Exhibits A and B of the attached agreement identify the cost-sharing between the developer and the County. A summary of cost-sharing is as follows: Water Main Developer's share $ 2,868.75 County's share 22.503.25 Total Project Cost $25,372.00 The construction of this system will assist the County in expanding the water system. Water service can be provided from a line on the north side of the developer's property (see attached location map). However, as a result of the Utilities Department's need to provide future service to the south of this site, we have requested the developer to extend a water main to service the area to the south across. his property and recover a portion of the cost from the developer per our line extension ordinance at a charge of $11.25 per front foot. The total estimated cost to the County of $22,503.25 will be paid from the Utilities impact fee fund. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the developer's agreement as presented and authorize the chairman to execute same. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the Agreement with Cornerstone Select Homes, Inc. for the construction of off-site utilities for the Sebastian Model Home Center, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 17, 1996 129 26TH STREET REUSE WATER LINE RELOCATION LABOR CONTRACT - DRIVEWAYS. INC. - CHANGE ORDER NO. 1 AND FINAL PAYMENT The Board reviewed a Memorandum of December 9, 1996: DATE: DECEMBER 9, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRAT FROM: TERRANCE G. PINTO DIRECTOR OF UTILi RVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES - SUBJECT: 26TH STREET REUSE WATER LINE RELOCATION LABOR CONTRACT WORK AUTHORIZATION NO. 40 CHANGE ORDER NO. 1 AND FINAL PAYMENT INDIAN RIVER COUNTY PROJECT NO. IIS -96 -21 -ED BACKGROUND On October 15, 1996, the Board of County Commissioners approved and executed the labor contract with Driveways, Inc., Work Authorization No. 40, in the amount of $6,147.68. For details of the above -referenced line relocation, please see attached agenda item. ANALYSIS The relocation work has been completed. During construction an adjustment was made in the field based on staff recommendation. The contractor found another drainage culvert approximately two and half feet deeper than the proposed first identified pipe. Subsequently, the crossing of both pipes must be made deeper than it was originally proposed along with the need for dewatering. The adjustment of quantities was made as shown in the change order spreadsheet, resulting in an addition of $1,025.00. This will increase the total contract amount to $7,172.68. To date, the total payment made to the contractor is $4,414.66, leaving a balance of $2,758.02, including the proposed Change Order No. 1. RECOMMENDATION The staff of the Department of Utility Services recommends the Board of County Commissioners approval of Change Order No. 1, in the amount of $1,025.00, which adjusted the contract amount to $7,172.68. Also, the staff recommends approval of the final pay request in the amount of $2,758.02 to Driveways, Inc., for services rendered. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Change Order No. 1 in the amount of $1,025 and the final pay request of $2,758.02 to Driveways, Inc., as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 17, 1996 130 COUNTY'S ETHICS ORDINANCE - STATE GIFT LAW - DISCUSSION The Board reviewed a Memorandum of December 9, 1996: TO: Board of County Commissioners FROM: Commissioner Fran B. Adams, Chairman -51�k DATE: December 9, 1996 SUBJECT: November 14, 1996 Memo from T. O'Brien to the BCC re Changes To the State Gift Law Based on the new statutes for gifts and meals, etc., is there any interest by the Commission in reviewing the County's Ethics Ordinance and make it coincide with the State of Florida's ordinance, or do you prefer to leave it as it now stands. One of the reasons I am bringing this up is that there has been expressed to me some feeling that perhaps the Commissioners seem aloof in their dealings with the public and businesses because of not wanting to partake in or visit an open house, or anniversary celebration, for fear of violating the County code. If you would express your feelings on the matter, I would be very grateful. If there is any interest, I will put it on the agenda for discussion. Commissioner Macht requested that the question be deferred until he had an opportunity to discuss it with the legal department. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously agreed to table this item until the first or second week in January, 1997. LIBRARY SUPPORT The Board reviewed a Memorandum of December 91 1996: TO • DATE F Z L E : Alice White, Executive December 9, 1996 Aid to the Board SUBJECT - Library Supports„S i F?0_8jjTjQj ;S+? M_ Admi:lfstrst-r. REFERENCES : Atfcr-ey _ FROM : Mary D. Powell, Libra i tiR%+L VY0TAS -- __-- Services Director C0mr;1V ty Dg' !. — UtfiX;--7 Mlai- Alice, Attached is a legislative alert --immediate action needed:''-: _ -- Secretary of State, Sandra B. Mortham wants to hear fk6a our legislators that they support libraries and state funding of them. Please ask the Commissioners to ask the legislators to write to the Secretary of State and request DECEMBER 17 131 1996 "' 9 14-3 �A.'f an increase of 5,000,000. for the State Aid to Libraries Program to be included in her supplemental budget for 91-98. She will not support funds for libraries if the legislators do not write and ask her to do so. Please also ask the Commissioners to write, call, or fax the Governor's office requesting an additional 5,000,000. in State Aid to Libraries be included in the Governor's 97-98 budget. -' Thank you for your help in this matter. Information is attached. Tits 'NEW" political climate demands an image of libraries that is aggro nve, positive, and efficient. Goal 01 Deadline January 1, 1991 Irave each Legislator in your county wdia Secretary Sandia Mortham and temrest an increase of S5,000,000 Ibr the State Aid to Libraries 1'rograrn be Included In her supplemental budget for 1997-98 Secretary of State Sandra B. Mortham, PLO2 Ilia Capitol, Tallairassee, M 32399-0750 Telephone: 904-414-5500 FAX: 904.487-2214 F. -mall: smotthanr a mail.dos.sta►e.8.us or sectetery(c?mail.dos state.11.to Goal 02 Deadline December 1, 1996 Have Mum's and trusted write, taro or FAX the ('governor's otiice tequesting an additional S5.0pt).Ow In State Aid to Libraries be htcluded in tine 1991-98 Governor's budget. Governor Lawton Chiles, PLOS The Capitol, Tallahassee, FL. 32399-0001 Telephone: 9044884441 FAX: 9041187-0801 To send a message via Governor's website: www.eog.state. ().us Goal N3 Request Secretary of State Sandra Mortharn to include the $2.4 million fbr six cooperatives pet -milled by law for the Libmry Cooperatives in her 1997-98 supplemental budgtnt request. Request governor CY- I -n to include S2.4 million for Library Cooperatives in his 1997-98 Governor's budget. DeaArres mxf ddiemes are sante as Goals 01 mal #2. Goal N4 For those counties needing a construction grant. l lave your Legislrttors cotttnct Seactaty of State Mc"Imm and request the project be included in her 1997-911supple nrentai budget. Request Governor Chiles to include the project in the 1997-98 Governur's budget. Deadlines and ad*Wes M ware as Goals Of avid II2. Check list to achieve these goals: • Make appointmetrt with all legislators in district NOWI1 • Decide who Is beat person to visit legislator. It maybe different tin each legislainr All the contributors to legislative campaigns are utt the Internet . ltttp://election.dos.state.tl.us/camptin/ctindb.httn. • Collect thel sheets ibr each visit. FI.A has grnetal lite) alraets for State Aid arul Ilse Libi ary Coopetalives. FLA has current Itmding rums showing what each country will receive at the difr'erent Finding levels. e Set foilow updates In November and December to check propiem and Ire prepared to report back. DECEMBER 17, 1996 132 Commissioner Eggert requested that each Commissioner read the backup and write a letter in support. CONSENSUS was reached that each Commissioner will write the Governor's Office requesting an additional $5,000,000 in State Aid to Libraries be included in the Governor's 1997-98 budget. Chairman Adams wished everyone a Merry Christmas and a Happy New Year and reminded everyone that the Tower Workshop will be held on Thursday, December 19, 1996, beginning at 9:30 A.M. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:31 a.m. ATTEST: < Z: �?- �L Q Dx k,,� J. arton, Clerk Minutes Approved: //(/-97- DECEMBER 17, 1996 133 kz9v 0,V" (6 ()da,4� Fran B. Adams, Chairman