HomeMy WebLinkAbout4/1/1997MINUTES TACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
TUESDAY, APRII.1,1997
9:00 A.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman (District 2)
John W. Tippin, Vice Chairman (District 4)
Fran B. Adams (District 1)
Caroline D. Ginn (District 5
Kenneth R Macht (District 3)
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 °a
2. INVOCATION Bill Kelly, Westminster Presbyterian Church
3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4. ADDITIONS to the AGENDA/EMERGENCY ITEMS
1. Item 8, Congressman Dave Weldon Ia Report on
Federal Legislation.
2. Item 13-A-2, Report on Transportation Disadvantaged
Legislation.
3. Item 13-C-1, Report on Tallahassee Legislation.
4. Item 13-C-2, Support Letter for Harbor Branch
Oceanographic Museum and Education Facility Grant
Application, Cultural Facilities Program 1998-99.
5. PROCLAMATION and PRESENTATIONS
Presentation of Proclamation Designating April 7-13,
1997 as Public Health Week in Indian River County. .1
6. APPROVAL OF MINUTES
Regular Meeting of March 11, 1997. _ - -
7. CONSENT AGENDA
A. Approval of Warrants
(memorandum dated March 21, 1997) 2-13
B. Request for Final Plat Approval for the Lateral A
Agricultural Planned Development
(memorandum dated March 26, 1997) 14-26
C. Award Bid #7023 / Self -Propelled Extend -A -Jet
W/ Trailer Easement Machine (Util. Dept.)
.(memorandum dated March 18, 1997) 27-35
D. Award Bid #7043 / Acoustical Ceiling Replace-
ment - Bldgs. & Grds./IRC Jail, Ph. II and III
(memorandum dated March 25, 1997) BOOK N19FAGE 01
7. CONSENT AGENDA (cont'd )• BOOK® FACE
E. I.R. Farms R -O -W Lease Agreement Renewal
(memorandum dated March 20, 1997)
8.
9:05 A.M. 9.
10.
11.
BACKUP
PAGES
40-72
F. Recently Acquired Properties - Tax Cancellations
(memorandum dated March 19, 1997) 73
G. Deed of Road R O -W from Habitat for Humanity
(memorandum dated March 21, 1997) 74-76
H. County Easement Grimm Property
(memorandum dated March 21, 1997)
I. Establishment of Procedures for the Collection
of Unpaid Special Assessments
(memorandum dated March 20, 1997)
J. Request for Floodplain Cut and Fill Balance
Waiver for Lot 5, Block 11, Vero Lake Est., Unit 2
(memorandum dated March 25, 1997)
K. Request for Authorization to Issue an RFQ
for Professional Archaeological Services on
an As -Needed Basis
(memorandum dated March 10, 1997)
CONSTITUTIONAL OFFICERS and
GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING
CHAPTER 302 - ANIlVIAL CONTROL
AND KENNEL REGULATIONS TO
REFLECT APPLICABLE STATE LAWS
2. County Initiated Request to Rezone Approxi-
mately 111 Acres From RM -6 to CON -1
(memorandum dated March 19, 1997)
B. PUBLIC DISCUSSION ITEMS
None
COUNTY ADMINISTRATOR'S MATTERS
None
DEPARTMENTAL MATTERS
77-80
81-85
86-89
90-91
92-95
96-111
A. Communily Development
1. Approval of Hearing Dates for Two Board
Hearings to Consider LDR Amendments
Related to Communication Towers/Antennas
(memorandum dated March 26, 1997) 112-113
a
11. DEPARTMENTAL
O
RARUP
MATTERS cont'd ):
PAGES
A. Community Development (cont'd.):
& 11G. Public Works
2. CR512 Scrub Mitigation, Wabasso Scrub
Management Plan Professional Services
Agreement
(memorandum dated March 25, 1997)
114-125
B. Emergency Services
None
C. General Services
None
D. Leisure Services
None
E. Office of Management and Budget
None
F. Personnel
None
G. Public Works
See 11. A 2 above
H. Utilities
L.- 48tifCourt & 28th Place, Water and Sewer
System Extension, with Driveways, Inc.
(memorandum dated March 24, 1997)
126-138
2. So. Co. R.O. Plant Sewer System Connection
Final Pay Request
(memorandum dated March 20, 1997)
139-144
12. COUNTY ATTORNEY
f! Oslo Plaza Association Impact Fee Credit
(memorandum dated March 26, 1997)
145-150
13. COMMISSIONERS ITEMS
A. Chairman Carolyn K. Eggert
Land Acquisition Committee Report
(memorandum dated March 26, 1997)
150A
B. Vice Chairman John W. Tippin
C. Commissioner Fran B. Adams
D. - -Commissioner Caroline D. Ginn
BOOK 10i PAGE 03
13. COMMISSIONERS ITEMS (cont'd )• BOOK -10i PAGE ®PAGES
E. Commissioner Kenneth R. Macht
14. SPECIAL DISTRICTSBOARDS
A. EmeKgensy Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes - meeting of 2/25/97
2. Approval of Minutes - meeting of 3/11/97
3. Approval of Minutes - meeting of 3/18/97
4. Survey and Autocad Services, RFP #6087
(memorandum dated March 24, 1997) 151-167
5. Contract Operations for Landfill
(memorandum dated March 26, 1997) 168-217
C. Environmental Control Board
None
15. ADJOURNMENT
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
INDEX TO AIMUTES
APRIL 1, 1997
REGULAR MEETING OF BOARD OF COUNTY CONMMSIONERS
ADDITIONS TO THE AGENDA . . . . . . . . . . . . . . . . . . .
1
PROCLAMATIONS . . . . . . . . . . . . . . . . . . . . . . . .
2
Public Health Week - April 7-13, 1997 . . . . . . . . .
2
APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . .
3
CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . .
3
A. List of Warrants . . . . . . . . . . . . . . . . .
3
B. Final Plat Approval - Lateral A Agricultural
Planned Development - S. G. Lysne, W. E. Orth,
James N. Orth, and Ralph J. Lindsey . . . . . . . .
12
C. Bid 17023 - Self -Propelled Extend -A -Jet With
Trailer Easement Machine - Southern Sewer . . . . .
13
D. Bid #7043 - Acoustical Ceiling Replacement - Jail,
Phases II and III - A-1 Construction . . . . . . .
14
E. Indian River Farms Water Control District - Right -
of -Way Permit and Interlocal Agreements -
Renewals -.- . . . . . . . . . . . . . . . . . . . .
15
F. Tax Cancellations - Recently Acquired Properties -
Felix Martinez - Edwards, Coffey & Lindsey,
Trustees . . . . . . . . . . . . . . . . . . . . .
16
G. Habitat for Humanity - Deed of 44th Place Road
Right -of -Way . . . . . . . . . . . . . . . . . . .
24
H. Grimm Property - County Easement . . . . . . . . .
24
I. Collection of Unpaid Special Assessments -
Establishment of Procedures . . . . . . . . . .
25
J. Lot 5, Block 11, Vero Lake Estates, Unit 2 -
Floodplain Cut and Fill Balance Waiver - L & L
Builders . . . . . . . . . . . . . . . . . . . . .
27
K. Professional Archaeological Services on As -Needed
Basis-----Authorization-to Issue RFQ . . . . . . . .
28
CONGRESSMAN DAVE WELDON - REPORT ON FEDERAL LEGISLATION . . .
30
PUBLIC HEARING -ORDINANCE AMENDING CHAPTER 302 - ANIMAL
CONTROL AND .KENNEL REGULATIONS TO REFLECT APPLICABLE
STATE LAWS . . . . . . . . . . . . . . . . . . . . . .
31
PUBLIC HEARING - REZONE APPROXIMATELY 111 ACRES FROM RM -6 TO
CON -1 - WABASSO SCRUB CONSERVATION AREA . . . . . . . .
35
1
BOOK 101 FACE 05
BOOK 101 FACE 06
MR AMENDMENTS - HEARING DATES REGARDING COMMUNICATION
TOWERS/ANTENNAS . . . . . . . . . . . . . . . . . . . .
42
CR -512 SCRUB MITIGATION - WABASSO SCRUB MANAGEMENT PLAN
PROFESSIONAL SERVICES AGREEMENT - SMITH ENVIRONMENTAL
SERVICES . . . . . . . . . . . . . . . . . . . . . . . .
44
48TH COURT AND 28TH PLACE - WATER AND SEWER SYSTEM EXTENSION -
DRIVEWAYS, INC. . . . . . . . . . . . . .
45
SOUTH COUNTY R.O. PLANT SEWER SYSTEM CONNECTION - FINAL PAY
REQUEST - TREASURE COAST CONTRACTING
46
OSLO PLAZA ASSOCIATION - IMPACT FEE CREDIT . . . . .
47
LAND ACQUISITION COMMITTEE REPORT - CARSON PLATT PROPERTY
52
TRANSPORTATION DISADVANTAGED - LEGISLATION REPORT
53
TALLAHASSEE LEGISLATION REPORT . . . . . . . . . . . . .
54
HARBOR BRANCH OCEANOGRAPHIC MUSEUM AND EDUCATION FACILITY
GRANT APPLICATION, CULTURAL FACILITIES PROGRAM 1998-1999
- LETTER OF SUPPORT . . . . . . . . . . . . . . . . . .
54
SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . .
56
K
April 1, 1997
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, April 1, 1997,
at 9:00 a.m. Present were Carolyn K. Eggert, Chairman; John W.
Tippin, Vice Chairman; Fran B. Adams; Kenneth R. Macht; and
Caroline D. Ginn. Also present were James E. Chandler, County
Administrator; Deputy County Attorney William G. Collins; and
Patricia "PJ" Jones, Deputy Clerk.
Chairman Eggert called the meeting to order. Reverend Bill
Kelly of the Westminster Presbyterian Church gave the invocation,
and Commissioner Adams led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Eggert requested three additions to today's Agenda:
1. Item 8, Congressman Dave Weldon's report on
federal legislation.
2. Item 13-A-2, report on Transportation
Disadvantaged legislation.
3. Item 13-C-1, report on Tallahassee legislation.
Commissioner- -Adams requested the addition of Item 13-C-2,
support letter for Harbor Branch Oceanographic Museum and Education
Facility Grant Application, Cultural Facilities Program 1998-1999.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously added the
above items to the Agenda.
APRIL 19 1997 1
BOOK lui PAGE 07
BOOK . U PAGE a
PROCLAMATIONS
Public Health Week - April 7-13, 1997
Chairman Eggert presented the following Proclamation to Jean
Kline:
PROCLAMATION
WHEREAS, Florida's annual celebration of Public Health Week
will increase awareness and understanding of the importance of a
strong public health policy; and
WHEREAS, Public health services reach all the residents
and visitors of Indian River County, thereby crossing all ethnic,
socio-economic, and individual family and social strata of
our communities; and
WHEREAS, Indian River County will participate in Public Health
Week and will be joined by many other counties; and
WHEREAS, Public health knowledge and awareness of healthful
behavior are cost effective and contribute significantly to the
reduction of needless physical and emotional suffering; and
WHEREAS, the Indian River County Public Health Unit and
other public health service providers will continue vital contribu-
tions to improve the health of all citizens; and
WHEREAS, Public Health Week's community outreach effort will
deliver health promotion messages directly to the
communities, ensuring that the general public and professions
have an
opportunity to participate in the event and improve their
understanding and appreciation for the vital impact public
health has upon shaping a healthier future for Indian River
County:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of
April 7 - 13, 1997 be designated as
PUBLIC HEALTH WEEK
in Indian River County, and the Board encourages our citizens to
use this week to participate in activities that will help them
choose a healthy lifestyle.
Adopted this 1 day of April, 1997.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
CarolyroK. Egger Chairman
Jean Kline thanked the Board for their commitment and
continued support and reminded everyone of the upcoming Health Fair
to be held at the Health Department on April 10, 1997 from 9:00 to
3:00.
APRIL 19 1997 2
APPROVAL OF NIINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of March 11, 1997. There
were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved
the Minutes of the Regular Meeting of March 11,
1997, as written.
CONSENT AGENDA
Commissioner Tippin requested that Item 7-K be pulled for
discussion.
A. List of Warrants
The Board reviewed a Memorandum of March 21, 1997:
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
DATE: MARCH 21, 1997
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 March 13 to March 21, 1997.
ON MOTION __by Commissioner Adams, SECONDED by
Commissioner -Ginn, the Board unanimously approved
the list of Warrants as issued by the Clerk to the
Board for the period from March 13, 1997 through
March 21, 1997, as recommended by staff.
CHECK NAME
NUMBER
0018250 FIRST UNION NATIONAL BANK OF
0018251 FIRST UNION NATIONAL BANK OF
0018252 CHASE MANHATTAN BANK
0018253 MARTINEZ, FELIX & MARIA D
0018254 STEWART, NALL, EVANS & HAFNER
0018255 DELL, DR PAUL
0018256 MASTEL ER & MOLER, INC
0018257 SHERMAN, ROGER
0018258 DEPENDABLE DODGE, INC
0018259 BARTON, JEFFREY K -CLERK
CHECK
CHECK
DATE
AMOUNT
3/13/97
1,915.58
3/13/97
8,926.65
3/14/97
226.55
3/18/97
2,631.00
3/18/97
15,000.00
3/18/97
50.00
3/18/97
26,460.00
3/19/97
1,547.00
3/19/97
864.00
3/19/97
.524.55
APRIL 19 1997 3
BOOK 10i PACE 09
max lut 4,14
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0018260
ATLANTIC COASTAL TITLE CORP
3/19/97
47,067.66
0018261
FIRST UNION NATIONAL BANK OF
3/19/97
63,981.06
0018262
KRUCZKIEWICZ, LORIANE
3/19/97
138.50
0018263
BREVARD COUNTY CLERK OF THE
3/19/97
166.79
0018264
ORANGE COUNTY CLERK OF THE
3/19/97
135.20
0018265
ST LUCIE COUNTY CLERK OF THE
3/19/97
541.75
0018266
RICHLAND COUNTY CLERK OF THE
3/19/97
150.00
0018267
VELASQUEZ, MERIDA
3/19/97
200.00
0018268
INDIAN RIVER COUNTY CLERK OF
3/19/97
4-;875.33
0018269
INDIAN RIVER COUNTY BOARD OF
3/19/97
135.96
0018270
INTERNAL REVENUE SERVICE
3/19/97
80.00
0018271
VERO BEACH FIREFIGHTERS ASSOC.
3/19/97
1,980.00
0018272
INDIAN RIVER FEDERAL CREDIT
3/19/97
85,858.54
0018273
COLONIAL LIFE & ACCIDENT
3/19/97
268.31
0018274
UNITED WAY OF INDIAN RIVER CTY
3/19/97
911.00
0018275
NACO/SOUTHEAST
3/19/97
3,191.69
0018276
KEY TRUST COMPANY OF FLORIDA
3/19/97
989.18
0018277
FIRST UNION NATIONAL BANK OF
3/19/97
171,434.25
0018278
JACKSON COUNTY CLERK OF THE
3/19/97
124.80
0018279
DOUGLAS COUNTY CLERK OF COURT
3/19/97
23.08
0018280
TRANSOUTH FINANCIAL CORP
3/19/97
155.72
0219286
AERO PRODUCTS CORP
3/20/97
552.30
0219287
ALPHA ACE HARDWARE
3/20/97
102.36
0219288
ACTION ANSWERING SERVICE
3/20/97
374.12
0219289
APPLE MACHINERY & SUPPLY
3/20/97
620.00
0219290
AT YOUR SERVICE
3/20/97
2,722.80
0219291
AUTO SUPPLY CO OF VERO BEACH,
3/20/97
1,548.37
0219292
A T & T
3/20/97
31.36
0219293
ALL FLORIDA BEVERAGE & OFFICE
3/20/97
53.50
0219294
ALL RITE WATER CONDITIONING
3/20/97
82.50
0219295
A T & T WIRELESS SERVICES
3/20/97
66.61
0219296
ALDEN ELECTRONICS, INC
3/20/97
620.00
0219297
A T & T LANGUAGE LINE SERVICES
3/20/97
158.40
0219298
ATLANTIC COASTAL TITLE CORP
3/20/97
55.00
0219299
ALL COUNTY EQUIPMENT COMPANY
3/20/97
8.14
0219300
ALLEN, CHERI
3/20/97
21.38
0219301
AUTO PARTS OF VERO, INC
3/20/97
1,945.55
0219302
AMERICAN MULCHER PARTS LLC
3/20/97
398.29
0219303
AMERICAN PLUMBING
3/20/97
58.00
0219304
BAIRD, JOSEPH A
3/20/97
42.34
0219305
BAKER & TAYLOR, INC
3/20/97
2,140.71
0219306
BAKER BROTHERS, INC -:
3/20/97
249.08
0219307
BARTH CONSTRUCTION
3/20/97
49.50
0219308
BOARD OF COUNTY COMMISSIONERS
3/20/97
4,310.87
0219309
BENSONS LOCK SERVICE
3/20/97
175.36
0219310
BLACKHAWK QUARRY COMPANY
3/20/97
2,564.30
0219311
BELLSOUTH MOBILITY
3/20/97
17.15
0219312
BARTON, JEFFREY K -CLERK
3/20/97
3,440.75
0219313
BERGGREN EQUIPMENT CO, INC
3/20/97
232.62
0219314
B & B INDUSTRIAL SUPPLY CO.
3/20/97
745.50
0219315
BRODART CO
3/20/97
24.95
0219316
BOYNTON PUMP & IRRIGATION
3/20/97
308.52
0219317
BILLING SERVICE, INC
3/20/97
50.36
0219318
B F I MEDICAL WASTE SYSTEMS
3/20/97
244.60
0219319
BOTTORF ASSOCIATES, INC
3/20/97
380.00
0219320
BAKER & TAYLOR ENTERTAINMENT
3/20/97
53.52
0219321
BELLSOUTH
3/20/97
21,266.41
0219322
BLUE CROSS/BLUE SHIELD OF
3/20/97
7,722.00
0219323
BROWN, WINSTON
3/20/97
61.75
0219324
BOLLMAN, TERRY L
3/20/97
77.00
0219325
BELLSOUTH
3/20/97
394.23
0219326
CAMERON & BARKLEY COMPANY
3/20/97
184.20
0219327
CAREER GUIDANCE FOUNDATION
3/20/97
763.00
0219328
CAREWAY'S RUBBER STAMP &
3/20/97
19.40
0219329
CARTER ASSOCIATES, INC
3/20/97
--7274.50
0219330
CENTRAL ASSEMBLY OF GOD
3/20/97
200.00
0219331
CHANDLER EQUIPMENT CO, INC
3/20/97
136.65
0219332
CHANDLER, PHILLIP
3/20/97
200.00
0219333
COASTAL GRAPHICS
3/20/97
441.00
0219334
COMMUNICATIONS INT'L INC
3/20/97
91.74
0219335
CONSOLIDATED ELECTRIC SUPPLY
3/20/97
92.45
0219336
CONSTRUCTION HYDRAULICS
3/20/97
194.87
APRIL 19 1997 4
w
177
ff
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0219337
CHEMSEARCH
3/20/97
394.71
0219338
CHAMBER OF COMMERCE
3/20/97
12,638.84
0219339
CLEARFIELD COMPANY, INC
3/20/97
296.15
0219340
COASTAL FUELS MARKETING, INC
3/20/97
6,977.42
0219341
CLINIC PHARMACY
3/20/97
79.57
0219342
CRUCE, AUGHTMAN E
3/20/97
80.00
0219343
CLINIC HOME MEDICAL SUPPLIES
3/20/97
42.00
0219344
COMPUTER & PERIPHERIAL
3/20/97
255.00
0219345
CONTRACT SERVICE
3/20/97
826.80
0219346
CUSTOM CARRIAGES, INC
3/20/97
1,167.43
0219347
CHIVERS NORTH AMERICA
3/20/97
44.64
0219348
CLIFF BERRY, INC
3/20/97
195.00
0219349
COOGAN, MAUREEN AND
3/20/97
540.20
0219350
CINDY'S PET CENTER, INC
3/20/97
19.66
0219351
CUES, INC
3/20/97
60.00
0219352
CROSSROADS ANIMAL HOSPITAL
3/20/97
74.00
0219353
COMPLETE COMPUTER SERVICES
3/20/97
345.13
0219354
CLIFFORD, MIKE
3/20/97
125.00
0219355
C D W COMPUTERS INC
3/20/97
152.35
0219356
CUSTOM TAILORING
3/20/97
18.00
0219357
CENTER FOR EMOTIONAL AND
3/20/97
28.50
0219358
CH2M HILL INC
3/20/97
1,193.82
0219359
CARROLL JASON
3/20/97
21.38
0219360
DAILY COURIER SERVICE
3/20/97
768.00
0219361
DELTA SUPPLY CO
3/20/97
629.15
0219362
DEMCO INC
3/20/97
78.85
0219363
DICKERSON FLORIDA, INC
3/20/97
4,005.88
0219364
DICKEY SCALES, INC
3/20/97
400.00
0219365
DATA SUPPLIES, INC
3/20/97
495.05
0219366
DISCOUNT AUTO PARTS
3/20/97
16.97
0219367
DAVIDSON TITLES, INC
3/20/97
6,500.52
0219368
DATA FLOW SYSTEMS, INC
3/20/97
55.00
0219369
DELRAY STAKES, INC
3/20/97
592.50
0219370
DAY, VIRGIE
3/20/97
200.00
0219371
DADE PAPER COMPANY
3/20/97
956.04
0219372
E -Z BREW COFFEE SERVICE, INC
3/20/97
240.25
0219373
EAST COAST SOD
3/20/97
556.88
0219374
ELPEX, INC
3/20/97
39.95
0219375
EDUCORP DIRECT
3/20/97
343.41
0219376
E G & G ROTON
3/20/97
17,940.00
0219377
EDMONDSON, CHAN
3/20/97
340.00
0219378
FGFOA/FACC ANNUAL CONFERENCE
3/20/97
180.00
0219379
FLORIDA SURVEYING AND MAPPING
3/20/97
45.00
0219380
FISHER SCIENTIFIC COMPANY
3/20/97
447.95
0219381
FLORIDA BAR, THE
3/20/97
265.00
0219382
FLORIDA EAST COAST RAILWAY CO
3/20/97
107.64
0219383
FLORIDA ASSOCIATION OF
3/20/97
28.00
0219384
FLORIDA COCA-COLA BOTTLING CO
3/20/97
478.85
0219385
FLORIDA EQUIPMENT
3/20/97
8,404.66
0219386
F P & L
3/20/97
291836.61
0219387
FLORIDA WATER & POLLUTION
3/20/97
15.00
0219388
FRASER ENGINEERING & TESTING
3/20/97
2,600.00
0219389
FLOWERS BAKING COMPANY OF
3/20/97
164.96
0219390
FLORIDA POWER & LIGHT
3/20/97
123,596.16
0219391
FLORIDA TREASURE COAST
3/20/97
835.00
0219392
FLORIDA DEPT OF REVENUE
3/20/97
3,403.84
0219393
FLORIDA GOVERNMENT FINANCE
3/20/97
20.00
0219394
FALZONE, KATHY
3/20/97
201.76
0219395
FALZONE, MATTHEW
3/20/97
9.50
0219396
FALZQNE, CHRISTOPHER
3/20/97
21.38
0219397
FLORIDA DETROIT DIESEL -ALLISON
3/20/97
127.57
0219398
FUTURE HORIZONS, INC
3/20/97
181.78
0219399
FLORIDA AUTO SUPPLY
3/20/97
155.07
0219400
GATEWAY 2000
3/20/97
3,464.00
0219401
GATOR LUMBER COMPANY
3/20/97
113.77
0219402
GAYLORD BROTHERS, INC
3/20/97
1,380.99
0219403
GENEALOGICAL PUBLISHING
3/20/97
123.75
0219404
GENE'S AUTO GLASS
3/20/97
312.93
0219405
GRAYBAR ELECTRIC CO, INC
3/20/97
265.54
0219406
GALLS, INC
3/20/97
102.97
0219407
GEORGE W FOWLER COMPANY
3/20/97
56.80
0219408
GALE RESEARCH, INC
3/20/97
495.88
APRIL
19 1997
BOOK
10i PAGE 1�
5
8MM , ma 2
CHECK
NUMBER
NAME
CHECK
CHECK
DATE
AMOUNT
0219409
GNB TECHNOLOGIES
3/20/97
218.99
0219410
GIBSON, INC
3/20/97
2,531.44
0219411
GINN, CAROLINE D
3/20/97
37.74
0219412
HARRIS SANITATION
3/20/97
604.21
0219413
HARRISON UNIFORMS
3/20/97
636.33
0219414
HI -TECH SERVICING TECH'NS
3/20/97
1,055.00
0219415
HIGHSMITH, INC
3/20/97
209.95
0219416
HORNUNG'S PRO GOLF SALES
3/20/97
151.71
0219417
HERITAGE BOOKS, INC .
3/20/97
137.50
0219418
HILL MANUFACTURING -CO--.
3/20/97
628.88
0219419
HODGE PODGE TREES
3/20/97
200.00
0219420
HACH SUPPLY
3/20/97
605.00
0219421
HORIZON NURSERY
3/20/97
140.20
0219422
HTE, INC
3/20/97
5,000.00
0219423
HIGHLANDS ANIMAL HOSPITAL
3/20/97
78.00
0219424
INDIAN RIVER COUNTY SOLID
3/20/97
3,281.85
0219425
INDIAN RIVER COUNTY
3/20/97
25.00
0219426
INDIAN RIVER ACE PAINT
3/20/97
920.91
0219427
INDIAN RIVER BATTERY
3/20/97
1,855.34
0219428
INDIAN RIVER BLUE PRINT, INC
3/20/97
1,424.63
0219429
INDIAN RIVER COUNTY UTILITIES
3/20/97
691.27
0219430
INDIAN RIVER COUNTY BOARD OF
3/20/97
180.00
0219431
INGRAM
3/20/97
513.29
0219432
INTERLINK COMMUNICATIONS OF
3/20/97
970.30
0219433
INTERSTATE BILLING SERVICE
3/20/97
2,562.87
0219434
INFORMATION ACCESS CO
3/20/97
400.00
0219435
INFORMATION MGMT OF FL
3/20/97
458.78
0219436
IRONWOOD PRODUCTIONS
3/20/97
19.95
0219437
INDIAN RIVER OFFICE CENTRE,INC
3/20/97
45.29
0219438
INTERNATIONAL RIGHT OF WAY
3/20/97
138.00
0219439
INDIAN RIVER ALLFAB
3/20/97
551.33
0219440
INTERNATIONAL ELECTRIC
3/20/97
2,774.61
0219441
IRC EMPLOYEE HEALTH INSURANCE-
3/20/97
964-985.53
0219442
IKON OFFICE SOLUTIONS
3/20/97
20.00
0219443
I S G S
3/20/97
47.00
0219444
HOMELAND IRRIGATION CENTER
3/20/97
14.96
0219445
JANIE DEAN CHEVROLET, INC
3/20/97
1,121.91
0219446
JOBEAR, INC
3/20/97
44,008.49
0219447
J A WEBSTER, INC
3/20/97
57.40
0219448
JANITORIAL DEPOT OF AMERICA
3/20/97
1,595.00
0219449
JONES CHEMICALS, INC
3/20/97
780.00
0219450
KASHI CHURCH FOUNDATION
3/20/97
200.00
0219451
KEATING, ROBERT M
3/20/97
66.00
0219452
KOMARINETZ, ROBERT
3/20/97
89.18
0219453
KELLY TRACTOR
3/20/97
3,218.97
0219454
KEITH & SCHNARS
3/20/97
598.29
0219455
KIRBY AUTO SUPPLY
3/20/97
331.64
0219456
KT MOWER & EQUIPMENT
3/20/97
208.92
0219457
KREBS, JILL A
3/20/97
3.57
0219458
LOWE'S HOME CENTERS, INC
3/20/97
140.77
0219459
LIVE OAK ANIMAL HOSPITAL
3/20/97
10.00
0219460
LIGHT SOURCE BUSINESS SYSTEMS
3/20/97
515.37
0219461
LDDS WORLDCOM -
3/20/97 -
98.31
0219462
LAMONTE ENTERPRISES
3/20/97
366.81
0219463
LOGANS SHARPENING AND
3/20/97
40.00
0219464
LUCENT TECHNOLOGIES
3/20/97
932.95
0219465
L J RUFFIN & ASSOC
3/20/97
1,022.59
0219466
LAWSON, YVONNE
3/20/97
150.00
0219467
MARPAN SUPPLY CO, INC
3/20/97
48.58
0219468
MARSHALL CAVENDISH CORP
3/20/97
593.02
0219469
MAX DAVIS ASSOCIATES
3/20/97
236.80
0219470
MAXWELL PLUMBING, INC
3/20/97
42.48
0219471
MICKLER'S ANTIQUARIAN BKS
3/20/97
206.00
0219472
MICROFORMS MANAGEMENT COR
3/20/97
432.80
0219473
MID COAST TIRE SERVICE, INC
3/20/97
79.90
0219474
MIKES GARAGE
3/20/97
135.00
0219475
MILNER DOCUMENT PRODUCTS
3/20/97
293.52
0219476
MAX DAVIS & ASSOCICATES
3/20/97
93.00
0219477
MASTELLER, MOLER & REED
3/20/97
950.00
0219478
MATRX MEDICAL, INC
3/20/97
199.16
APRIL
19 1997
6
CHECK
NAME
CHECK
CHE'_K
NUMBER
DATE
AMCUNT
0219479
MIAMI ELEAVTOR COMPANY
3/20/97
2,026.00
0219480
MIZUNO GOLF COMPANY
3/20/97
63.06
0219481
MCMASTER-CARR SUPPLY COMPANY
3/20/97
424.51
0219482
MEDIATION, INC
3/20/97
187.00
0219483
3M JAC0848 (RL)
3/20/97
1,253.00
0219484
MERCURY TECHNOLOGIES
3/20/97
344.04
0219485
MISSIMER INTERNATIONAL
3/20/97
3,000.00
0219486
M & R SPORTSWEAR
3/20/97
35.47
0219487
MARTIN COUNTY PETROLEUM
3/20/97
1,533.82
0219488
MR BOB PORTABLE TOILET
3/20/97
69.20
0219489
MOORE MEDICAL CORP
3/20/97
710.32
0219490
MATTHEWS, EDWARD & CATHY
3/20/97
245.00
0219491
NEWSBANK
3/20/97
20,129.38
0219492
NORMAN LATHROP ENTERPRISE
3/20/97
36.93
0219493
NORTH SOUTH SUPPLY
3/20/97
233.65
0219494
NORTHERN HYDRAULICS, INC
3/20/97
481.27
0219495
NEW ENGLAND HISTORIC
3/20197
34.25
0219496
NORTHERN SAFETY COMPANY
3/20/97
77.85
0219497
NU CO 2, INC
3/20/97
- 63.95
0219498
NOLEN, VICKIE L
3/20/97
10.00
0219499
NAIL WORKS
3/20/97
55.00
0219500
NEW YORK STATE COUNCIL OF
3/20/97
13.00
0219501
NATIONAL SMALL FLOWS
3/20/97
27.95
0219502
OFFICE PRODUCTS & SERVICE
3/20/97
326.74
0219503
ONTARIO GENEALOGICAL
3/20/97
18.50
0219504
OFFICE DEPOT, INC
3/20/97
713.45
0219505
OSCEOLA, PHARMACY
3/20/97
76.23
0219506
OMNI ROSEN HOTEL
3/20/97
416.00
0219507
O'NEIL, LEE & WEST
3/20/97
8,939.97
0219508
OWENS•, JEFF
3/20/97
85.50
0219509
OMNI HEALTH CARE
3/20/97
719.30
0219510
OLYMPIC TITLE INSURANCE
3/20/97
8,986.00
0219511
PAN AMERICAN ENG CO
3/20/97
210.00
0219512
PEACE RIVER ELECTRIC
3/20/97
34.21
0219513
PETTY CASH
3/20/97
325.58
0219514
PETTY CASH
3/20/97
37.95
0219515
POSTMASTER
3/20/97
320.00
0219516
PUBLIC DEFENDER 19TH JUDICIAL
3/20/97
2,670.19
0219517
PHYSIO CONTROL CORPORATION
3/20/97
6,984.00
0219518
POSTMASTER
3/20/97
640.00
0219519
PORT PETROLEUM, INC
3/20/97
1,235.07
0219520
PROGRESSIVE DATA MGMT, INC
3/20/97
329.00
0219521
PRESS JOURNAL
3/20/97
1,166.28
0219522
PROFESSIONAL COMPUTER SERVICES
3/20/97
920.00
0219523
PETTY, SHANNON
3/20/97
269.98
0219524
PANGBURN, TERRI
3/20/97
20.00
0219525
QUALITY BOOKS, INC
3/20/97
23.16
0219526
RADIO SHACK ACCT RECEIVABLE
3/20/97
6.36
0219527
ROYAL PALM FRAME SHOP
3/20/97
98.00
0219528
RUSSO PRINTING; -INC -- " - -_
3/20/97
399.10
0219529
ROBERTS & REYNOLDS PA ^
3/20/97
5,546.74
0219530
REED REFERENCE PUBLISHING CO
3/20/97
2,860.58
0219531
RUBBER STAMP EXPRESS
3/20/97
45.57
0219532
ROSEMOUNT ANALYTICAL INC
3/20/97
4,900.00
0219533
ROGALA, GEORGE
3/20/97
8.00
0219534
RANGER CONSTRUCTION INDUSTRIES
3/20/97
141,226.92
0219535
ROY CLARK
3/20/97
1,080.00
0219536
RUBBER & ACCESSORIES, INC
3/20/97
1,288.28
0219537
SCOTTY'S, INC
3/20/97
1,247.92
0219538
SEBASTIAN BUSINESS SUPPLY, INC
3/20/97
105.24
0219539
SEBASTIAN SUN
3/20/97
594.00
0219540
SEWELL HARDWARE CO, INC
3/20/97
1.76
0219541
SOUTHERN EAGLE DISTRIBUTING,
3/20/97
1,098.80
0219542
SOUTHERN -ELECTRIC SUPPLY
3/20/97
419.17
0219543
SOUTHERN TRUCK EQUIPMENT
3/20/97
68.68
0219544
ST LUCIE BATTERY & TIRE, INC
3/20/97
126.75
0219545
STANLEY STEEMER
3/20/97
565.84
0219546
STIMSONITE CORPORATION
3/20/97
14,328.00
0219547
STURGIS LUMBER & PLYWOOD CO
3/20/97
36.93
0219548
SUDDEN IMAGES
3/20/97
10.58
0219549
SIMON & SCHUSTER CONSUMER
3/20/97
1,004.04
0219550
STECK-VAUGHN COMPANY
3/20/97
2,977.07
APRIL
1, 1997
BOOK 101 FACE 13
7
BOOK _11-0i FACE
CHECK NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0219551
SOUTHERN JANITOR SUPPLY
3/20/97
245.65
0219552
SEABOARD PENCIL COMPANY; INC
3/20/97
131.55
0219553
SALEM PRESS, INC
3/20/97
--;258.00
0219554
SUPERIOR PRINTING
3/20/97
171.20
0219555
SAFECO, INC
3/20/97
650.23
0219556
SYSCO FOOD SERVICE
3/20/97
436.60
0219557
STEWART INDUSTRIES
3/20/97
4,466.13
0219558
SELPH, CRYSTAL
3/20/97
21.00
0219559
SPRINKLE CONSULTING ENGINEERS,
3/20/97
2,246.55
0219560
SYSTEMATIC SERVICES, INC
3/20/97
1,168.23
0219561
SMITH, GARRETT
3/20/97
71.25
0219562
SHELLY TRACTOR & EQUIPMENT CO
3/20/97
938.86
0219563
SUM E ZINGS SEVEN SEAS
3/20/97
2,337.50
0219564
SUNET.DIRECT
3/20/97
129.50
0219565
SUNLAND BOOKS, INC
3/20/97
1,359.78
0219566
SMITH, HENRY
3/20/97
40.00
0219567
STEPHENS, JOSEPH
3/20/97
75.00
0219568
SEBASTIAN COMMUNITY HOSPITAL
3/20/97
892.26
0219569
SUNSHINE BUILDERS OF FORT
3/20/97
27,648.00
0219570
SEIFER, RONALD MD
3/20/97
100.00
0219571
STAPLES, INC
3/20/97
193.86
0219572
STEPANEK, JOHN
3/20/97
200.00
0219573
TEE JAY'S ENGRAVING & RUBBER
3/20/97
47.00
0219574
TITLEIST DRAWER CS
3/20/97
228.48
0219575
TREASURE COAST REFUSE CORP
3/20/97
218.39
0219576
TEMPACO, INC
3/20/97
261.00
0219577
TREASURE COAST CONTRACTING,INC
3/20/97
3,000.00
0219578
SMITH, TERRY L
3/20/97
74.82
0219579
ULVERSCROFT LARGE PRINT BOOKS
3/20/97
577.26
0219580
U S ARMY CORPS OF ENGINEERS
3/20/97
18,644.00
0219581
UNIVERSITY OF CENTRAL FLORIDA
3/20/97
150.00
0219582
VELDE FORD, INC
3/20/97
139.42
0219583
VERO BEACH, CITY OF
3/20/97
27,026.06
0219584
VERO LAWNMOWER CENTER, INC
3/20/97
1,456.68
0219585
VETROL DATA SYSTEMS,.INC.-
3/20/97
360.00
0219586
VERO BEACH POLICE.DEPARTMENT
3/20/97
25.00
0219587
VEY, CARRIE
3/20/97
152.00
0219588
VERO BEARING & BOLT
3/20/97
191.88
0219589
VERO TYPEWRITER COMPANY
3/20/97
137.40
0219590
VOLUNTEER ACTION COMMITTEE
3/20/97
50.00
0219591
VANDERPLOEG, DANIEL L
3/20/97
30.00
0219592
WAL-MART STORES, INC
3/20/97
830.72
0219593
WRITER'S DIGEST BOOKS
3/20/97
789.78
0219594
W W GRAINGER, INC
3/20/97
123.42
0219595
WOODS & POOLE ECON, INC
3/20/97
199.50
0219596
WILSON SPORTING GOODS -GOLF
3/20/97
343.26
0219597
WILLHOFF, PATSY
3/20/97
130.00
0219598
WM THIES & SONS, INC
3/20/97
114.00
0219599
WORLD CHAMBER OF COMMERCE
3/20/97
30.00
0219600
WOOD N NICKOLS
3/20/97
1,300.00
0219601
WHEELER, GARY SHERIFF
3/20/97
5,061.14
0219602
WHARTON-SMITH, INC
3/20/97
257,856.37
0219603
WATERWORKS CAR_ WASH
3/20/97
34.50
0219604
WOLFE, MEGAN
3/20/97
87.88
0219605
WALTERMIRE, ROBERT W.
3/20/97
200.00
0219606
WHITE BUFFALO PRESS
3/20/97
61.50
0219607
WHITTINGTON, MEGAN
3/20/97
152.00
0219608
WILSON, G LESLIE
3/20/97
30.00
0219609
WORLD OF MAPS INC
3/20/97
- 146.45
0219610
XEROX CORPORATION
3/20/97
264.48
0219611
ZABATT, INC
3/20/97
120.19
0219612
HOGAN, JAMES
3/20/97
39.61
0219613
BRANDON CAPITAL CORP
3/20/97
66.76
0219614
ROTHE, JULIA C
3/20/97
56.15
0219615
HOGUE, JOSE
3/20/97
38.68
0219616
CONNELL, THOMAS R
3/20/97
24.19
0219617
VERO BUILDING CORP
3/20/97
17.62
0219618
STAHLEY, CYTHIA H
3/20/97
58.31
0219619
SEELEY, HENRY W
3/20/97
51.68
0219620
GIBBON, RUTH
3/20/97
23.19
0219621
GEIS, SUSAN J
3/20/97
68.85
0219622
DAVIS, PAUL T
3/20/97
11.42
0219623
HOLIDAY BUILDERS
3/20/97
40.59
APRIL 19
1997
8
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0219624
ZORC, KENNETH R
3/20/97
33.36
0219625
KINNEAR, DEAN
3/20/97
25.43
0219626
L & L BUILDERS
3/20/97
41.05
0219627
TIERNEY,JAMES
3/20/97
34.65
0219628
HOLLERAN, JOHN
3/20/97
54.08
0219629
ELLIS, SAUNDRA
3/20/97
_ 73.32
0219630
WELCOME HOME
3/20/97
15.25
0219631
STUDER, EDWARD & KRISTEN
3/20/97
57.88
0219632
DAVEY, THOMAS & TONYA
3/20/97
25.80
0219633
GHO VERO BEACH INC
3/20/97
67.51
0219634
RIVERSIDE NATIONAL BANK,
3/20/97
38.94
0219635
MC CALPIN, MARCIA
3/20/97
63.82
0219636
CORNERSTONE SELECT HOMES INC
3/20/97
149.00
0219637
SCOLERI, JOYCE
3/20/97
43.40
0219638
LOCKETT-EGAN, MARIAN
3/20/97
52.27
0219639
MGB CONSTRUCTIN INC
3/20_/97
37.80
0219640
MARTIN, DENNIS
3/20/97
65.43
0219641
PEREZ, TIMOTHY
3/20/97
18.20
0219642
PATTERSON, KEVIN L-_
3/20/97
62.79
0219643
CODY, DELBERT J
3/20/97
35.48
0219644
VILLAGE WALK INC
3/20/97
85.91
0219645
BEAZER HOMES FLORIDA INC
3/20/97
61.95
0219646
BERRIOS, MARJORIE
3/20/97
23.05
0219647
DUGAN, MICHAEL & GAIL
3/20/97
43.33
0219648
JANCEN, JENNIFER G
3/20/97
44.57
0219649
KINCEL, ERIC
3/20/97
23.01
0219650
CROSBY, JOHN R
3/20/97
28.46
0219651
ALEXANDER, WAYNE A
3/20/97
23.71
0219652
ZERBE, MICHELLE
3/20/97
30.47
0219653
MANTHEY, CLIFFORD E
3/20/97
43.34
0219654
ED SCHLITT PROPERTY MGMT
3/20/97
34.67
0219655
KYLE'S RUN
3/20/97
626.65
0219656
HARTSFIELD, HENRY
3/20/97
40.82
0219657
GHA HARBOR POINT
3/20/97
70.40
0219658
HOME INSURANCE CO
3/20/97
100.30
0219659
QUINTON, ELIZABETH
3/20/97
105.24
0219660
BRDICKA, JERRY J
3/20/97
105.66
0219661
BASHO, JANET
3/20/97
105.84
0219662
SNYDER, SARA JANE
3/20/97
105.16
0219663
HELFER, MILDRED S
3/20/97
105.06
0219664
DAWKINS, THERESA & LARRY
3/20/97
105.12
0219665
BENTZ JR, C WILLIAM
3/20/97
'x.105.28
0219666
STULL JR, PHILIP B
3/20/97
105.06
0219667
BENTZ JR, C WILLIAM
3/20/97
52.64
0219668
ROBERTSON, ROBERT
3/20/97
105.18
0219669
WILLHOIT, T D
3/20/97
52.57
0219670
CANNON, PATRICIA A
3/20/97
105.18
0219671
FERGUSON, WILFORD
3/20/97
52.57
0219672
CATAPANO, JOSEPH
3/20/97
105.16
0219673
WILD, GLENDA
3/20/97
56.26
0219674
ARTHUR, LOWELL
3/20/97
115.00
0219675
WHITBREAD, WILLIAM
3/20/97
105.56
0219676
ANDERSON, CARL
3/20/97
48.76
0219677
ANDERSON, FRED
3/21/97
129.00
0219678
ATKINSON, R F
3/21/97
309.00
0219679
ADESHILE, ADONAI & F P & L
3/21/97
39.00
0219680
ADAMS, DONALD S AND EDITH B
3/21/97
255.00
0219681
AMBASSADOR REAL ESTATE GROUP
3/21/97
410.00
0219682
BROXTON, LYDIA
3/21/97
197.00
0219683
BRYANT WILLIAM D
3/21/97
475.00
0219684
BEUTTELL, PETER M
3/21/97
276.00
0219685
SILKEN GROUP
3/21/97
1,494.00
0219686
BERGER, HARRIS
3/21/97
85.00
0219687
BEANS, ROBERT
3/21/97
157.00
0219688
BELL PROPERTY MANAGEMENT
3/21/97
2,338.00
0219689
BOUYSSOU, STEPHANE H
3/21/97
284.00
0219690
BRUNO, FRANK
3/21/97
438.00
0219691
BROWARD COUNTY HOUSING AUTH
3/21/97
657.08
0219692
BAIN, ROSALIE AND CITY OF VERO
3/21/97
22.00
0219693
BROOKHAVEN, TOWN OF
3/21/97
620.08
0219694
BREVARD COUNTY HOUSING AUTHRTY
3/21/97
904.16
0219695
BROWN, HUBERT OR LOLA
3/21/97
394.00
BOOK ".01 PAGE 15
APRIL
19 1997
9
ma 10i ma 16
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0219696
BROWN, ANCEL
3/21/97
240.00
0219697
BOULAHANIS, GEORGE
3/21/97
207.00
0219698
BROOKS, HAROLD L JR _
3/21/97
348.00
0219699
CARTWRIGHT, WILLIAM AND/
3/21/97
537.00
0219700
CORR, RHODA L
3/21/97
308.00
0219701
COLLINS, THOMAS H
3/21/97
632.00
0219702
CAIRNS, DAVID A
3/21/97
145.00
0219703
COSCO, KEN
3/21/97
583.00
0219704
CROZZOLI, ANTONIO OR PAMELA
3/21/97
214.00
0219705
CARLTON, ALLAN R
3/21/97
259.00
0219706
C P E ASSOCIATES
3/21/97
1,044.00
0219707
CAPAK, GERALD T
3/21/97
341.00
0219708
CUMMINGS, JERRY
3/21/97
476.00
0219709
CORLEY, MARGARET
3/21/97
349.00
0219710
CALMES, JOHN W
3/21/97
392.00
0219711
CARLUCCI, LEONARD A
3/21/97
391.00
0219712
DOOLITTLE AND ASSOCIATES
3/21/97
2,118.00
0219713
DEAN, JAMES
3/21/97
253.00
0219714
DENNISON, WANDA _.
3/21/97_.
786.00
0219715
ELWELL, JACQUELINE & F P & L
3/21/97
20.00
0219716
ELWELL, JOAN A
3/21/97
190.00
0219717
FISCHER, HORST
3/21/97-
800.00
0219718
FOGERTY, GEORGE A
3/21/97
303.00
0219719
FRESH, DANIEL J
3/21/97
199.00
0219720
FT PIERCE, CITY OF
3/21/97
1,196.24
0219721
GILLESPIE, JOHN AND/OR GWEN
3/21/97
1,068.00
0219722
GASKILL, ROBERT
3/21/97
202.00
0219723
GRIMM, FLOYD OR HELEN
3/21/97
117.00
0219724
GIFFORD GROVES, LTD
3/21/97
5,841.00
0219725
GUERRA, RAYMOND
3/21/97
220.00
0219726
HICKMAN, CARLA & F P & L
3/21/97
47.00
0219727
HILL, C J
3/21/97
1,513.00
0219728
HAWKINS, WANDA
3/21/97.
331.00
0219729
HER.AN, WILLIAM AND/OR VIVIENNE
3/21/97
469.00
0219730
HERAN, SHAUNA
3/21/97
309.00
0219731
HUNT, MARY
3/21/97
96.00
0219732
INCITCO REALTY, INC
3/21/97
310.00
0219733
INDIAN RIVER INVESTMENT
3/21/97
837.00
0219734
JAMES A DOOLITTLE & ASSOCIATES
3/21/97
9,816.00
0219735
JOHNSON, PATTY
3/21/97
323.00
0219736
JENSEN, PETER C
3/21/97
536.00
0219737
JONES, MARCUS
3/21/97
188.00
0219738
JONES, DOROTHY
3/21/97
142.00
0219739
JORDAN, WILLIAM 0
3/21/97
382.00
0219740
JENNINGS, LESSIE
3/21/97
298.00
0219741
JEFFERSON, RUTH
3/21/97
207.00
0219742
JONES, ALPHONSO
3/21/97
223.00
0219743
KAHLE, ESTHER
3/21/97
263.00
0219744
KIMOLA INTERNATIONAL, INC
3/21/97
224.00
0219745
KING, JOYCE AND CITY OF VERO
3/21/97
52.00
0219746
LAW, BEULAH
3/21/97
205.00
0219747
LAWRENCE, TERRY A
3/21/97
200.00
0219748
LLERENA, E D -
3/21/97
403.00
0219749
LANGLEY, PHILIP G
3/21/97
237.00
0219750
LABELLA D.C, ARTHUR
3/21/97
312.00
0219751
LEISSING, CHARLES
3/21/97
500.00
0219752
LIZ SHERMAN REAL ESTATE
3/21/97
162.00
0219753
LEGGETT, DONALD E
3/21/97
152.00
0219754
MIXELL, LLONALD AND/OR_
3/21/97
778.00
0219755
M O D INVESTMENTS
3/21/97
1,513.00
0219756
MONTGOMERY, WILLIAM
3/21/97
213.00
0219757
MANN, ROBERT OR WANDA ARMA
3/21/97
358.00
0219758
MINNIS; WILLIAM C JR
3/21/97
379.00
0219759
MILLER, GLEN G AS TRUSTEE OR
3/21/97
381.00
0219760
MIDWAY ESTATES
3/21/97
216.00
0219761
MORALES, CATHERINE AND CITY OF
3/21/97
10.00
0219762
MID FLORIDA RENTALS
3/21/97
423.00
0219763
MCLEAN, KATHYANN J
3/21/97
425.00
0219764
MALGERIA, PRISCILLA
3/21/97
411.00
0219765
MORRILL, TINA AND CITY OF
3/21/97
4.00
0219766
MILLER, ALVIN L
3/21/97
263.00
APRIL 19 1997
10
CHECK
NAME
CHECK
CHECK
NUMBER
DATE
AMOUNT
0219767
MCBRIDE, SHIRLEY
3/21/97
359.00
0219768
MCINTOSH, SYLVESTER B JR
3/21/97
441.00
0219769
MULLINS, B FRANK
3/21/97
416.00
0219770
NELSON, DONALD J & VALENTINE R
3/21/97
500.00
0219771
NICOTRA, ALFIO
3/21/97
404.00
0219772
0`CONNOR, DANIEL T & DEIDRA E
3/21/97
408.00
0219773
PARKER, RALPH & CITY OF VERO
3/21/97
42.00
0219774
PIUMELLI, DOMENICA
3/21/97
979.00
0219775
PALMER TRAILER PARK
3/21/97
415.00
0219776
PIERSON, JOHN H DBA
3/21/97
328.00
0219777
POSADO, LORI
3/21/97
0219778
PINKNEY, RACHET, J
3/21/97
-341.00
180.00
0219779
QUINCY, EUGENE
3/21/97
543.00
0219780
REAGAN, WILLIE C
3/21/97
133.00
0219781
RENNICK, RONALD
3/21/97
477.00
0219782
RAUDENBUSH, ERNEST
3/21/97
125.00
0219783
REALTY CONNECTIONS OF VERO,INC
3/21/97
484.00
0219784
ROBERTS, DAVID E
3/21/97
201.00
0219785
REDDING, TERESA & CITY OF VERO
3/21/97
66.00
0219786
REARDANZ, MARVIN
3/21/97
430.00
0219787
RICHARDS, WILLIAM A
3/21/97
957.00
0219788
SALTER, CHRISTINE
3/21/97
365.00
0219789
SCHORNER, JAMES A
3/21/97
138.00
0219790
ST FRANCIS MANOR
3/21/97
3,202.00
0219791
SCROGGS, BETTY DAVIS
3/21/97
330.00
0219792
S B M RENTALS, INC
3/21/97
316.00
0219793
SABONJOHN, JAMES E
3/21/97
1,048.00
0219794
SACCO, JACQUELINE AND/OR
3/21/97
465.00
0219795
SORIANO, RAFAEL
3/21/97
483.00
0219796
SABONJOHN, FLORENCE
3/21/97
914.00
0219797
SANFORD HOUSING AUTHORITY
3/21/97
537.08
0219798
SMOAK, JEANETTE AND CITY
3/21/97
34.00
0219799
SLEASMAN, HOWARD M
3/21/97
470.00
0219800
SUMMERLIN, TERESA T
3/21/97
180.00
0219801
SHUMATE, OAKIE
3/21/97
491.00
0219802
SANDY PINES
3/21/97
872.00
0219803
SHELTON, ROBERT L
3/21/97
505.00
0219804
STARCK, MICHAEL R
3/21/97
408.00
0219805
SQUIRES, STEPHANIE A
3/21/97
261.00
0219806
SMITH, IRENE LINTON
3/21/97
247.00
0219807
SARTAIN, CHARLES S & TELECIA
3/21/97
389.00
0219808
SANDERS, NATALIE
3/21/97
161.00
0219809
TROPICAL SHORELAND, INC OR
3/21/97
246.00
0219810
TITUS, SUSANNE OR..
3/21/97
579.00
0219811
TOWN & COUNTRY LEASING
3/21/97
289.00
0219812
TIPPINS, STEPHANIE
3/21/97
152.00
0219813
VERO MOBILE HOME PARK
3/21/97
213.00
0219814
VERO FIRST CORPORATION
3/21/97
1,856.00
0219815
0219816
WILLIAMS, AUDREY AND CITY OF
BLAKE, SALLIE (WYNN)
3/21/97
0219817
WHITFIELD, DAVE DBA
3/21/9725.00
3/21/97
288.00
0219818
WALTERS, KEVIN
3/21/97
217.00
0219819
WILLIAMS, TOBIAS M
3/21/97
211.00
0219820
YORK, LILLY B
3/21/97
460.00
0219821
YORK, DAVID
3/21/97
202.00
0219822
YATES, MARY JOE
3/21/97
464.00
0219823
ZANCA, LEONARD
3/21/97
255.00
0219824
ZORC, RICHARD J
3/21/97
1 031.00
yt
182.00
1,614,775.77
BOOK 10i PAGE 17
APRIL 19 1997 11
BOOK 101 PAGE 1
B. Final Plat Approval - Lateral A Agricultural Planned Development -
S. G. Lyme, W. E. Orth, James N. Orth, and Ralph T. Lindsey
The Board reviewed a Memorandum of March 26, 1997:
TO: James E. Chandler
County Administrator
D IS N HEAD CONCURRENCE:
e�4, 1�/ 0/1, . e
ert M. Kelfitin4d AIC
irector
Community Development
6.
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP -d"
Senior Planner, Current Development
DATE: March 26, 1997
SUBJECT: Request for Final Plat Approval for the Lateral A
Agricultural Planned Development
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 1, 1997.
DESCRIPTION AND CONDITIONS:
On April 25, 1996, the Planning and Zoning Commission approved the
proposed preliminary plat for the Lateral A PD. The subject site
is located at the northwest corner of 66th Avenue and 45th Street,
which is outside of the Urban Service Area and has an agricultural
zoning and land use designation. The approved preliminary plat
provides for 4 agricultural tracts which also allow residential
use. The submitted final plat is consistent with the approved
conceptual and preliminary PRD plan.
ANALYSIS:
The owner's agent, Carter Associates, Inc., is requesting final
plat approval and has submitted the following:
1. A final plat in conformance with the approved preliminary PD
plat;
2. A completed Contract for Construction of Remaining Required
Improvements;
3. A completed cash escrow agreement to secure the contract for
construction.
4. A contract price for constructing the required improvements;
and
None of the required subdivision improvements have been
constructed. The applicant is proposing to "bond -out" for the
required subdivision improvements as provided for in the county's
land development regulations. Public Works has reviewed and
approved the submitted contract cost and corresponding security
amount. The Department of Utility Services has not reviewed the
cost estimate, since no utility work is proposed, and none is
required. _ The County Attorney's Office has reviewed and approved
the submitted Contract for Construction and the cash escrow
agreement which represents 115% of the estimated cost to construct
the required improvements. It should be noted that all
improvements within the Lateral A --PD will be private.
APRIL 19 1997 12
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners:
1. Grant final plat approval for the Lateral A PD; and
2. Authorize the Chairman to execute the submitted Contract for
Construction of Remaining Required Improvements, execute the
cash escrow agreement and accept the check for that agreement.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved
the final plat for Lateral A Subdivision PD;
authorized the Chairman to execute the Contract for
Construction of Required Improvements and Cash
Deposit and Escrow Agreement with S. G. Lysne, W. E.
Orth Jr., James N. Orth, and Ralph J. Lindsey; and
accepted the check for the agreement; as recommended
by staff.
AGREEMENTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
C. Bid #7023 - Self-ProMelled Extend -A -Tet With Trailer Easement
Machine - Southern Sewer
The Board reviewed a Memorandum of March 18, 1997:
DATE: March 18, 1997
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H. T.'Sonny' Dean, Director
General Services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #7023/Self-Propelled Extend -A -Jet W/Trailer
Easement Machine
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Advertising Dates:
Advertisement Mailed to:
Replies:
Statements of No Bid
VENDOR
Southern Sewer
Ft Pierce, FL
February 19, 1997
February 5,12,1997
Twelve (12) Vendors
One (1) vendors
Two ( ) Vendor
BID TQ -TA
$ 19,995.00
TOTAL AMOUNT OF BID - $ 19,995.00
SOURCE OF FUNDS Sewer Utilities Other Machinery & Equipment
471-218-536-066.49
ESTIMATED BUDGET $ 19,500.00
RECOMMENDATION
Staff recommends that the bid be awarded to Southem Sewer as the
sole bidder meeting specifications as set forth in the Invitation to Bid.
Bid.
BOOK � �� PAGE
APRIL 19 1997 13
EQOK 10
d FACE 20
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously awarded Bid
#7023 to Southern Sewer in the amount of $19,995, as
recommended by staff.
AGREEMENT WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
D. Bid #7043 - Acoustical Ceiling Replacement - Tail. Phases H and III -
A-1 Construction
The Board reviewed a Memorandum of March 25, 1997:
DATE: March 25,1997
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, General Services Direct
FROM: Fran Boynton -Powell, Purchasing Manager
SUBJECT: Award Bid #7043/Accoustical Ceiling Replacement
Buildings & Grounds/1 RC Jail, Phase H & III
BACKGROUND INFORMATION
Bid Opening Date:
Advertising Dates:
Advertisement Mailed to:
Replies:
Statement of "No Bids"
March 21, 1997
March 5,12,1997
Sixteen (16) Vendors
Two (2) Vendors
One (1)
VE BID TOTAL
A 1 Construction $ 13,210.00
Ft Pierce, FL
Roger J Sherman $ 16,785.00
Vero Beach, FL
TOTAL AMOUNT OF BID $13,210.00
ESTIMATED BUDGET $ 13,250.00
Buildings Operations -County Buildings Building Alterations
RECOMMENDATION
Staff recommends that the bid be awarded to A-1 Construction as the lowest,
most responsive and responsible bidder meeting specifications as set forth in the
Invitation to Bid.
APRIL 19 1997 14
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously awarded Bid
#7043 to A-1 Construction in the amount of $13,210,
as recommended by staff.
AGREEMENT WILL BE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
E. Indian River Farms Water Control District - Right -of -Way Permit and
Interlocal Agreements - Renewals
The Board reviewed a Memorandum of March 20, 1997:
DATE: March 20, 1997
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED WILLIAM F. M
AND STAFFED CAPITAL P ENGINEER
BY: DEPAR OF ILITY SERVICES
SUBJECT: INDIAN RIVER FARMS R/W LEASE AGREEMENT RENEWAL
BACKGROUND and ANALYSIS
As a result of County Utilities installations within Indian River
Farms' right-of-way, the County must sign a lease and agreement
on an annual basis. The total cost of the combined leases are
$11,918.52. This fee is calculated based on $1,200.00, per mile
of utilized right-of-way. (See attached Indian River Farms'
Lease Agreements)
The staff of the Department of Utility Services recommends
execution of the attached lease agreements as presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved
Permit and Interlocal Agreements No. IRC -1, IRC -2,
IRC -3, IRC -4, IRC -6, IRC -7 and IRC -8 with Indian
River Farms Water Control District, as recommended
by staff.
AGREEMENTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
�-;,4
APRIL 19 1997 15
BODY 101 PAU
F. Tax Cancellations - Recently Acquired Properties - Felix Martinez--
Edwards,
artinez-
Edwards, Coffey & Lindsey, Trustees
The Board reviewed a Memorandum of March 19, 1997:
TO: Board of County Commissioners
FROM: Lea R. Keller, CLA, Legal Assistant
County Attorney's Office
DATE: March 19, 1997
RE: Recently Acquired Properties - Tax Cancellations
The County recently acquired some property and, pursuant to Section 196.28, F.S., the Board of
County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the
property acquired for public purpose. Such cancellation must be done by resolution with a
certified cony being forward to the Tax Collector (and copies sent to the Property Appraiser and
Fixed Assets).
Requested Action: Board authorize the Chairman to sign the attached resolutions cancelling
taxes upon lands the County recently acquired.
Attachments:
1. Quitclaim Deed from Felix Martinez at ux
2. Warranty Deed from Felix Martinez at ux
3. Quticlaim Deeds from Edwards, Coffey & Lindsey, Trustees
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously adopted
Resolution 97-024 cancelling certain delinquent
taxes upon publicly owned lands, pursuant to Section
196.28, Florida Statutes.
Re: Parcel #107-W - 58th Avenue - Right of Way
Parcel ID 17-33-39-00001-0090-00001.2
RESOLUTION NO. 97- 2 4
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 OR Book
f 1 Page /o'tIC . which was recently acquired by Indian River County in connection
with the future road widening are hereby canceled, pursuant to the authority of Section 198.28,
F.S.
APRIL 19 1997 16
2. The Clark 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 A d a m s and the motion was
seconded by Commissioner Ginn and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K. Eggert
Vice Chairman John W. Tippin
Commissioner Kenneth R. Macht
Commissioner Fran B. Adams
Commissioner Caroline D. Ginn
Allrast
i h, Clerk
mp:
........................................
n.
9 AND
POSITED WIT H Tiv COLLECTOR
"RM 19 1997 17
Aye
Aye
Aye
Aye
Aye
By
Car*n K EggeVC4,
Chairman
4/1
/97
7,d-,2jpn.r Co I ArV0vtd I . Uale
Admin.
� Lena!
vayl
Risk my.
Boor I LO j"L PAGE E Z'j"
1�
H
00
1
M
W
PARCEL 107W
168.24 '
168.24 l ---------------
tn
o
Tract Line��
oI
KING'S HIGHWAY
i I
��Section Line 660'
LEGAL DESCRIPTION
I o
I
E 1/4 Cor. Sec. 17
T33S, R39E
�4p
SCALE: 1"=100'
The West 20 feet of the East 156 feet of the South 168.24 feet of the North 660 feet of the NE 1/4
of the SE 1/4 of Section 17, Township 33 South, Range 39 East, according to the last general plat of
the lands of the Indian River Farms Company recorded in Plot Book 2, Page 25 of the Public Records of
St. Lucie County, Florida.
Containing 0.08 acres, lying in Indian River County, Florida.
CERTIFICATION
I, Charles A. Cramer, hereby certify that I am a registered Professional Land Surveyor 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 21 HH -6 of the Florida Admin—
istrative Code, pursuant to F.S. Chanter 472.
Charles A. Cromer, P.L.S. Reg. #4094
Indian River County Surveyor
PREPARED FOR INDIAN RIVER COUNTY
ENGINEERING DEPARTMENT
1840 25th St, Vero Beach, FL 32960 THIS IS NOT A SURVEY
(407) 567-8000 SKETCH TO ACCOMPANY LEGAL DESCRIPTION
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously adopted
Resolution 97-025 cancelling certain delinquent
taxes upon publicly owned lands, pursuant to Section
196.28, Florida Statutes.
Re: Parcel #107-A - 58th Avenue - Right of Way
Parcel ID 17-33-39-00001-0090-00001.2
RESOLUTION NO. 97- 2 5
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 property 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 OR Book
/! c -F3 Page /a/a . which was recently acquired by Indian River County in connection
with the future road widening are hereby canceled, pursuant to the authority of Section 196.28,
F.S.
2. The Clerk to the Hoard 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 A d a m s and the motion was
seconded by Commissioner Ginn and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K Eggert
Aye
Vice Chairman John W. Tippin
Aye
Commissioner Kenneth R. Macht
A y e
Commissioner Fran B. Adams
A y e
Commissioner Caroline D. Ginn
A y e
Afterr
R J. n, Clerk
Imp: �.
s _ _
APRIL 1, 1997 19
BY
Ca lyn K Egg
Chairman
4/1/97
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Tract Un 2168.24'�,z- N- 00'24'47' E N
(n Deed Line rn
KING'S HIGHWAY Z
Section Line
E 1/4 Cor.
LEGAL DESCRIPTION T33S, R39E
Sec. 17
SCALE: 1"=100'
The West 25 feet of the East 105 feet of the South 168.24 feet of the North 660 feet of the Northeast 1/4 of
the Southeast 1/4 of Section 17, Township 33 South, Range 39 East, according to the last general plat 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
Further described as follows:
Commence
at the East 1/4 corner of Section 17 and
run N 89'21'28" W a
S. 00'24'47"
W a distance
of 491.76 feet to the POINT
OF BEGINNING. Then
Continue S
00'24'47' W a
distance of 168.24 feet to a point. Then run
S 89'21'28"
E a distance
of 25 feet to a point. Then
run
N 00'24'47'
E a distance
of 168.24 feet to a point.
Then run
N 89'21'28"
W a distance
of 25 feet to the POINT OF
BEGINNING.
Containing 4,206 square feet,
lying in Indian River County,
Florida.
CERTIFICATION
distance of 105 feet to a point. Then run
I, Charles A. Cramer, hereby certify that I am a registered Professional Land Surveyor 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 21 HH -6 of the Florida Admin—
istrative Code, pursuant to F.S. Chapter 472.
�j� PREPARED FOR INDIAN RIVER COUNTY
ENGINEERING DEPARTMENT
Charles A. Cramer, P.L.S. Reg. #4094
Indian River County Surveyor
3
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1840 25th St, Vero Beach, FL 32960
(407) 567-8000 THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
N
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ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously adopted
Resolution 97-026 cancelling certain delinquent
taxes upon publicly owned lands, pursuant to Section
196.28, Florida Statutes.
Re: 40th Avenue - Right of Way
Parcel ID 27-32-39-00008-0000-00001.0
RESOLUTION NO. 97. 2 6
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 cuffent, 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 OR Book
1143, Pages 1927 and 1929, which was recently acquired by Indian River County for right of
way are hereby canceled, 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 Ad am s and the motion was
seconded by Commissioner G i n n . and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K Eggert
Aye
Vice Chairman John W. Tippin
Aye
Commissioner Kenneth R. Macht
Aye
Commissioner Fran B. Adams
Aye
Commissioner Caroline D. Ginn
Aye
t
a ,
4 n, Clerk
no ------------------------
i
APRIL 19 1997 21
By C�
Can yn K Egge
hairman
4/1/97
m®ri a:rr Cn ACCrOved
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BOOK 1.01 ME 27
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LEGAL. DESCMPTION
FOR QUIT CLAIM
All of 40th Avenue lying between
the South line extended West of
Block 1 and the North line extended
West of Block 2 as shown on the
plot of Carver Colony Subdivision, _
according to the plat recorded in
Plot Book 4, Page 87 of the Public
Records of Indian River County,
Florida, LESS the West 30 feet
thereof.
Lying in Indian River County,
Florida.
OR
PO
to
Plat R/W Line
CARVER COLONY
BLOCK 2
Lot 11
I
I.
IM
I
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Plat R/W Line
70'
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70'
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V
AVENUE
Scale: 1 "=20'
00
4
LO
Plat "R/W Line
CARVER COLONY
BLOCK 1
Lot 12
CERTIFICATION
is
I, Charles A. Cromer, hereby certify that I am a
registered
Professional Surveyor and Mapper licensed to practice in the state
0
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 61G17 of the Florida Administrative Code,
a+
pursuant to F.S. Chapter 472.
THIS IS NOT A SURVEY
W
d
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
o
Charles A. Cramer, P.S.M. Reg. #4094 1840
25th St, Vero Beach, FL 32960
Indian River County Surveyor (561)
567-8000
Date /Z/%.b J*e7
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LEGAL DESCRIPTION
FOR QUIT CLAIM
OR
All of 40th Avenue lying, between LO
rO
the North line extended West of
Block 1 of Carver Colony Subdivision,
according to the plot recorded in
Plat Book 4, Page 87 of the Public
Records of Indian River County,
Florida, and the South line of
Lateral Canal A-7 as shown ons _
the last general plat of the londs
of -the Indian River Farms Company,
recorded in Plot Book 2, Page 25
of the Public Records of St. Lucie
County, Florida, LESS the West
30 feet thereof.
Now lying in Indian Riven County,
Florida.
Plat R/W Line
40TH AVENUE
Plat R/W Line
CARVER COLONY
BLOCK 1
Lot 11
,/
30'
Canal
C
J
0
C
0
U
Scale: 1"=208
3
0
U
CERTIFICATION _
0
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
pursuant to F.S. Chapter 472.
that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, rn
Charles A. Cramer, P.S.M. Reg. #4094
Indian River County Surveyor
1840 25th St, Vero Beach, FL 32960
(561) 567-8000
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o
Date /ZAE& /01"
a
1
1
1
10i FAVE 30
G. Habitat for Humanity - Deed of 44th Place Road Right -of -Way
The Board reviewed a Memorandum of March 21, 1997:
TO: Board of County Commissioners
FROM: Terrence P. OBrien, Assistant County Attorne37�0
DATE: March 21, 1997
RE: DEED OF ROAD RIGHT-OF-WAY FROM HABITAT FOR HUMANITY
Several weeks ago the county acted as a conduit between the U.S. Marshal and
the Habitat for Humanity for the transfer of deeds for land seized by the U.S.
Marshal. One parcel of property that was included in the transfer was 44th
Place right-of-way.
The Habitat has no need for this right-of-way and they have executed a quit-
claim deed back to the County for the right-of-way (copy attached) -
It is recommended that the County accept the deed.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously accepted
the Quit -Claim Deed from Indian River County Habitat
for Humanity, Inc. for the 44th Place Right -of -Way,
as recommended by staff.
DEED WILL BE RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY
H. Grimm Property - County Easement
The Board reviewed a Memorandum of March 21, 1997:
TO: Board of County Commissioners oA'.)A
FROM: Terrence P. O'Brien, Assistant County Attorney I'
DATE: March 21, 1997
RE: COUNTY EASEMENT GRIMM PROPERTY
The County entered into a land swap with Mr. and Mrs. Grimm. Mr. Grimm is
concerned about the retention of the easement by the County which contains
no restrictions on the utility easement.
The original deed from Indian River County to Grimm back in the 1980's
limited the County easement to subsurface use. When the 1996 swap
occurred the easement retained by the County was silent as to a subsurface
limitation. The current easement reservation would be amended by a corrective
deed to allow only subsurface utilities.
Recommendation: The Chairman be authorized to execute the attached
correction deed which would limit the County's easement to subsurface
utilities.
APRIL. 19 1997 24
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved
the Correction Deed allowing only subsurface
utilities to Floyd E. Grimm and Helen M. Grimm,
pursuant to recommendations by staff.
DEED WILL BE RECORDED IN THE OFFICIAL RECORDS
OF INDIAN RIVER COUNTY
I. Collection of Unpaid Special Assessments - Establishment of
Procedures
The Board reviewed -a Memorandum of -March 20, 1997:
TO: Board of County Commissioners
�b
FROM: Terrence P. O'Brien, Assistant County Attorne;""F
DATE: March 20, 1997
SUBJECT: ESTABLISHMENT OF PROCEDURES FOR THE -
COLLECTION OF UNPAID SPECIAL ASSESSMENTS
This memorandum was developed in response to comments made at a
Commission meeting concerning the subject matter. It is the result of
the coordinated effort of the Tax Collector and his staff and the office of
the County Attorney.
The County from time to time approves projects, such as paving and
drainage and water and sewer, which result in the levy of a special
assessment on the benefited property to pay for the improvement.
Paying these special assessments in one lump sum creates a financial
burden on some property owners; therefore, the Commission usually
provides two years for malting payments, and in some instances, as
much as five years has been allowed.
The special assessment roll, after adoption, is forwarded to the Indian
River County Tax Collector for collection. The payment period begins
after the project is completed and the "as built7 resolution is adopted.
The Tax Collector sets up a program for collection of said assessment.
The Tax collector will . allow monthly payments during the period for
payment provided the person sets up a monthly schedule and adheres to
it. When the period for payment ends irregular payments will not be
accepted because of the accounting problems. Any unpaid balance plus
interest must be paid in full; however this does not always happen and
the County is left with some unpaid balances. There are no formal
established procedures for the collection of any of these unpaid balances.
The purpose of this memorandum is to explore the various avenues
available to the Commission to effect collection.
80,OK 1 PAGE 31
APRIL 19 1997 25
Rook _ .. aq, 32
CONSIDERATIONS:
Under Section 206.07, Indian River County Code, special assessments
are `valid and binding first liens upon the property against which the
special assessments were made, until paid in full," which means they
take precedence over mortgages and other liens and are co -equal with
taxes.
Because the homestead protection against a forced sale does- not extend
to assessments, foreclosure against homestead property is not prohibited
by Article X, Section 4, Florida Constitution.
Some owners of the assessed property are on fixed incomes and just
cannot pay the assessment. Foreclosure of the lien and sale of the
property in this situation could be a harsh extraction.
POSSIBLE COURSES OF ACTION:
As stated above, the special assessment becomes a lien on the property
benefited. The liens are higher in dignity than mortgages and can be the
basis for a forced sale of property even homestead- Therefore, the
collection options for the County are many. For example:
1. Foreclose on all property where a special assessment is unpaid.
2. Limit foreclosures to non -homestead property.
3. Provide a special assessment deferral based on the same terms
and conditions that homestead tax deferral is now permitted
i.e., income - age (§197.252, F.S.) except that the person would
not have to re -file each year. A copy of application for deferral
is attached.
4. Do nothing and wait until the. property is sold or refinanced.
5. Limit the "do nothing" to homestead property only where the
owner is not entitled to a deferral.
PROPOSED PROCEDURE:
At the end of the payment period, usually two years, all persons
with an unpaid balance would be notified by the Tax Collector with
a date for payment (60 days). This would be the last bill issued by
the Tax Collector.
2. If a person fails to pay after the last notice, the Tax Collector would
notify the County Attorney.
3. The County Attorney would notify, by regular mail the person who
has an outstanding balance that payment is required by a date
certain (30 days) unless that person can establish through the
office of the Tax Collector that he is entitled to a homestead tax
deferral. The consequence of failure to pay would be explained.
The payment would be made to the Tax Collector and he would
accept only full payment, including interest. If there is a known
mortgagee, the mortgagee will be copied.
4. After passage of the date certain, any person with an unpaid
balance would be subject to the following courses of action that
would be appropriate based on the particular facts of the case.
a) _ No action by the County if the person establishes, through
the office of the Tax Collector, that he is qualified for a
homestead tax deferral as defined in Chapter 197, F.S.
b) Foreclosure on all other property that is not qualified for
homestead tax deferral as defined in Chapter 197 F.S.
In all of the above situations, interest, at the rate set in the special
assessment resolution would be running until final settlement of the
unpaid balance.
"RM 11 1997 26
M M
� � r
RECOMMENDATION:
Adopt the above procedures and authorize staff to proceed in accordance
with these procedures.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously adopted the
procedures set forth in staff's Memorandum and
authorized staff to proceed in accordance with those
procedures, as recommended by staff.
T. Lot 5, Block 11, Vero Lake Estates, Unit 2 - Floodplain Cut and Fill
Balance Waiver - L & L Builders
The Board reviewed a Memorandum of March 25, 1997:
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TO: James Chandler
County Administrator
THROUGH: Jamas W. Davis, P.E. .
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM: David B. Cox, P.E.4K
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 5, Block 11, Vero
Lake Estates, Unit 2
REFERENCE: Project No. 97030090
DATE: March 25, 1997 CONSENT AGENDA
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DESCRIPTION AND CONDITIONS
L & L Builders has submitted a building permit application for a single family residence on the
subject property. The site is located in an AE special flood hazard zone, base flood elevation
22.0 ft. N.G.V.D. In the attached letter from the applicant's engineer dated March 24, 1997, a
waiver of the cut and fill balance requirement is requested. The lot area is 1.06 acres. The
volume of the 100 year floodplain displaced by the proposed grading plan is estimated to be 1825
cubic yards.
ALTERNATIVES AND ANALYSIS
The waiver request has been reviewed by staff and appears to meet the criteria of Section
930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located
in the Vero Lake Estates Municipal Services Taxing Unit.
Alternative No. 1
Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4.
Alternative No. 2
Deny the cut and fill waiver. Require an on site retention area be provided to compensate for
the proposed floodplain displacement.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
APRIL 1, 1997 27
rally 11.01 IME 33
BOT( 101 am 34
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously granted the
cut and fill balance waiver for Lot 5, Block 11,
Vero Lake Estates, Unit 2 to L & L Builders, as
recommended by staff.
K. Professional Archaeological Services on As -Needed Basis _-
Authorization to Issue RFQ
The Board reviewed a Memorandum of March 10, 1997:
TO: James E. Chandler
County Administrator
HEAD CONCURRENCE:
/ A �
rt M. eati g, I P.
Community Developm6nn�/ntDi�r ctor
FROM: Roland M. DeBlois,�KICP
Chief, Environmental Planning
DATE: March 10, 1997
RE: Approval to Initiate a Request for Qualifications (RFQ)
to Select a Qualified Archaeologist to Conduct Site -
Specific Surveys and Consultations
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its meeting
of April 1, 1997.
DESCRIPTION AND CONDITIONS
In 1992, a county -wide survey of archaeological sites was completed
by Dr. David Dickel of The Archaeological and Historical
Conservancy, Inc. That survey was funded by Indian River County
with a matching grant from the State Division of Historic
Resources.
Although the Dickel survey was fairly comprehensive, it did not,
nor was it intended to, thoroughly map and analyze every
archaeological site in the County. As private lands develop and
public lands are acquired in areas known to have a high probability
of archaeological middens, there is a need for site-specific
investigations by a qualified archaeologist. As such, this
memorandum is presented for the Board of County Commisioners to
consider whether a Request for Qualifications (RFQ) should be
issued by the County to select a professional archaeologist who can
be contracted on an as -need basis to evaluate suspected or known
archaeological sites.
HRAC Recommendation
The County Historic Resources Advisory Committee (HRAC), at its
meeting on March 13, 1997, considered staff's recommendation that
the County issue an RFQ to select a professionl archaeologist who
can be contracted on an as -need basis. At that meeting, the HRAC
voted unanimously to recommend that the Board authorize the RFQ.
ANALYSIS -
Three properties acquired (or proposed for acquisition) under the
County's environmental lands program - Prange Island, the "Cairns
Tract," and "Round Island South" - are known to contain
archaeological middens. However, the exact location and contents of
those middens have not been documented. As a condition of the
County's purchase of these properties and other properties with
state cost -share funds, the County is obligated to have middens on
acquired lands mapped and assessed by a qualified archaeologist.
APRIL 1, 1997 28
Regarding known or suspected archaeological sites on private lands,
County Code Section 933.09 explains that the County may require an
archaeological survey in conjunction with development in an area
known or suspected to contain archaeological resources. In such
cases, it is the developer's responsibility to either hire an
archaeologist or research existing information to adequately
address County and State concerns regarding resource protection.
A professional archaeologist retained by the County could be of
public benefit by conducting sufficiency reviews of private
development archaeological reports.
Funding
The cost of an archaeological survey varies with the size of the
property being evaluated and with the scope of mapping and
analysis. Given these factors, the cost for such surveys can range
anywhere from $2,000 to $10,000. If the County retains an
archaeologist to conduct site-specific surveys of middens on lands
acquired under the County environmental lands acquisition program,
bond monies from that program can be used to pay for the surveys.
However, for surveys (or review of surveys) associated with private
land development, funding would need to come from another source,
such as County Municipal Service Taxing Unit (MSTU) funds. Another
option is for the County to require the private developer to pay
the cost of the survey, with the archaeologist retained by the
County available for the work.
It is staff's position that the County should issue a Request for
Qualifications to select a qualified archaeologist to conduct
archaeological surveys on publicly acquired conservation lands,
with funding to come from environmental land bond monies. The RFQ
should be structured to allow the County to use the selected
archaeologist to evaluate resources in conjunction with private
development projects, but only on an as -need basis and contingent
upon available funding.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
staff to issue a Request for Qualifications for the County to
select a qualified archaeologist to survey acquired conservation
lands and to provide consulting services relating to private land
development on an as -need basis, contingent upon available funding.
Commissioner Tippin questioned whether the costs could be paid
from bond funds; who would make the decision should the issue
involve the County purchasing lands; and whether the issue would be
--- brought back before the Board -
Community Development Director Bob Keating responded that bond
monies could be used where the surveys are being done on lands
acquired under the environmental lands acquisition program. For
other projects, funding would need to be allocated from other
sources, possibly from MSTU funds.
Commissioner Adams commented that the issue arose during the
Sea Oaks project. She believed a consulting archaeologist will
allow the County to pinpoint sites and to determine whether or not
they are of significance and require preservation.
BON 1-1.0i VlAsE41-11 Vibil
APREL 19 1997 29
BODS, 1.0i PAGE 36
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Adams, the Board unanimously authorized
staff to issue a Request for Qualifications for the
County to select a qualified archaeologist to survey
acquired conservation lands and to provide
consulting services relating to private land
development on an as -need basis, contingent upon
available funding, as recommended by staff.
CONGRESSMAN DAVE WELDON - REPORT ON FEDERAL
LEGISLATIO
Congressman Dave Weldon gave a brief report on the status of
the beach clean-up and advised that he had to step in to prevent
the contractor from- leaving before the work was finished. However,
an additional $341,000 originally allocated to other projects has
been diverted to this project in an effort to make sure it is
completed.
Congressman Weldon then reported briefly on the status of the
proposed space station and problems arising from the Russian
involvement in that project.
Discussion then followed on several environmental issues,
particularly the Indian River Lagoon clean-up.
Commissioner Macht commented on the Wabasso scrub jay issue
and noted that often federal and state agencies require the County
to institute rigorous monitoring of these issues at great cost to
the County. He would like to have some feedback from the reports
submitted to these agencies as to what they do with the information
submitted.
Congressman Weldon felt the federal government should be
paying for the consultants and reports involved and supported
attempts to modify the Endangered Species Act which he believed is
not handled well, particularly as it relates to individual property
owners.
Commissioner Tippin stressed that over 30% of Indian River
County lands are now environmentally classified, while St. Lucie
and Martin Counties have less than 3%.
Commissioner Macht felt the major problem is a matter of
legislative oversight in that the laws are interpreted in a way
that is not reflective of what Congress originally had in mind.
Commissioner Adams felt that Congressman Weldon has been very
supportive of the County, especially with regard to the Archie Carr
funding. However, she did note that most of the environmental
lands manage very well without any management from humans.
APRIL 19 1997 30
Congressman Weldon stated that his goal is to see a balanced
budget before he leaves Congress in 2003.
Commissioner Ginn thanked Congressman Weldon for attempting to
bring common sense to the Endangered Species Act and offered her
personal thanks for the support in cleaning up South Beach.
Chairman Eggert inquired about the funding of transportation
fees, and Congressman Weldon offered his support for the
reauthorization of ISTEA (Intermodel Surface Transportation
Efficiency Act) .
PUBLIC HEARING -ORDINANCE AMENDING CHAPTER 302 -
ANIMAL CONTROL AND EMML REGULATIONS TO REFLECT
APPLICABLE STATE LAWS
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
River County, Florida: that the attached copy of advertisement, being
c_C_
In the matter of L I ly r c`- C. r (- r -t C C_)
in the Court, was pub -
fished in sakinewspaper in the issues of 1 'y/ yr d-) I Kl}
- ` ,2
Affiant further says that the said Press,kumal is a newspaper published at Vero Beach, In
said Indian River County, Florida, and that the said newspaper has heretofore been
s ciasspumaail matte attttlepost Rim er Beach, in ,,=and
aid la aR( C�amttyy, entered
fora period of one year next precng the first publication of the attached copy of
advertsertherht and affiant furtller says that he has neither paid nor promised any person, firm
or tion any discount, rebate, oomrnission or refund for the purpose of securing this
ad' POP „pslbucatron in said newspaper. n
S I75rt j A�rfore me tileday of A .19 `"p
ca
L `C ° f
a : Mr comm. E 997: �
t OCT. 11, 199Zi
4 N 'Pb CC31 G O�� SUL" M. iu'1TU,. N (President)
PUBLIC
OF Commiaston Number. CC311083
s ea:
Not..T: shm.X 11L Tnrrtfs
APRIL 19 1997 31
NOTICE OF PUBLIC HEARING
The Board of County Commission-
ers of Indian River County, Florida,
hereby provides notice of a public
hearing scheduled for 9:05 a.m. on
Tuesday, April 1, 1997, to be held
at the Indian River County Adminis-
tration Building, 1840 25th Street,
Vero Beach, Florida. This public
hearing will be for the purpose of
discussing the following proposed
ordinance entitled:
AN ORDINANCE OF INDIAN
RIVER COUNTY, FLORIDA,
AMENDING CHAPTER 302 - ANI-
MAL CONTROL AND KENNEL
REGULATIONS TO REFLECT
APPLICABLE STATE LAWS.
Any interested parties may appear
at the meeting and be heard with
respect to the proposed ordinance.
Copies of the proposed ordinance
are available for inspection by the
public during regular business
hours at the Office of the Clerk to
the Board of County Commission-
ers, 1840 25th Street, Vero Beach,
Florida.
-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 pro-
ceedings is made, which includes
testimony and evidence upon which
'the appeal is based.
ANYONE WHO NEEDS A SPE-
CIAL ACCOMMODATION FOR
THIS MEETING MAY CONTACT
THE COUNTY'S AMERICANS
WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000
EXT, 223 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
March 20, 1997 1055907r
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'BOOK 'ID I ME
The Board reviewed a Memorandum of March 21, 1997:
TO: Board of County Commissioners vp
FROM: Terrence P. OBrien, Assistant" County Attorney
DATE: March 21, 1997
SUBJECT: PUBLIC HEARING - APRIL 1, 1997
AMENDMENT TO ANIMAL CONTROL ORDINANCE - CH. 302
The proposed ordinance amends Chapter 302 - Animal Control and Kennel
Regulations to reflect applicable state laws.
Staff recommends that the Board approve the attached ordinance.
Emergency Services Director Doug Wright reviewed the changes
to the ordinance and felt these changes will facilitate
enforcement.
Commissioner Macht questioned recovering the costs of
administration, and Director Wright advised there is a $50
registration fee in addition to the regular charge for the license.
Commissioner Macht felt this really amounts to a license to
keep a dangerous animal and recalled a personal experience where a
child was disfigured for life as well as a recent incident where
the majority of the "letters to the editor" were in support of the
dog.
Commissioner Ginn asked for the definition of "dangerous" dog,
and Deputy County Attorney Will Collins read portions of Florida
Statutes, Chapter 767.
Director Wright stated that the cost of one significant recent
incident was approximately $20,000.
Commissioner Ginn recalled an incident where her daughter was
bitten by a dog and required extensive hospitalization.
After further discussion, staff was directed to come back with
recommended increases in fees regarding the administration charges
in dealing with vicious dogs.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
David Radabaugh of the Humane Society noted that hundreds of
animal bite cases are brought to the Society each year and they are
required to keep them for 10 days. This is a losing situation for
the Humane Society. He noted that properly trained dogs seldom
bite but that there is an element of society who seem to want to
let dogs run wild and bite.
APRIL 19 1997 32
The Chairman asked if anyone else wished to be heard in this
matter. There being none, she closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Ordinance 97-013 amending Chapter 302 - Animal
Control and Kennel Regulations to reflect applicable
state laws, with the addition to Paragraph J,
SubParagraph C of the words "stolen, given away or
runaway".
ORDINANCE 97- 13
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 302 - ANIMAL
CONTROL AND KENNEL REGULATIONS TO
REFLECT APPLICABLE STATE LAWS.
WHEREAS, this ordinance has for its purpose the amendment of the
regulations governing Animal Control to reflect provisions of state law
governing dangerous dogs,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORDIA that:
SECTION 1. EDITORIAL AMENDMENT.
Section 302.07 Impoundment and disposition in paragraph (5) the
reference to Florida Statute has a number transposition "section 832.15" is
hereby amended to read "section 823.15.°
SECTION 2. ADDITIONAL DEFINITION
A new definition is added in alphabetical order to read as follows:
Animal Control Officer: means an individual employed, contracted with,
or appointed by the animal control authority for the purpose of aiding in the
enforcement of this act or any other law or ordinance relating to the licensure
of animals, control of animals, or seizure and impoundment of animals and
includes any state or local law enforcement officer or other employee whose
duties in whole or in part include assignments that involve the seizure and
impoundment of any animal.
SECTION 3. AMENDMENT.
Subparagraph (h) of Section 302.09(5) which reads as follows:
(h) The owner or keeper shall sign a statement attesting that:
1. The owner or keeper shall maintain and not voluntarily cancel the liability
insurance required by this section during the twelve-month period of which
licensing is sought, unless the owner or keeper shall cease to own or keep the
vicious dog prior to the expiration of such license.
2. The owner or keeper shall, on or prior to the effective date of such license
for which application is being made, have an approved proper enclosure for the
vicious dog on the property where the vicious dog will be kept or maintained.
3. The owner or keeper shall notify the county animal control division of any
cancellation, modification, expiration or termination of the liability insurance
policy required by this section.
BOOR 1101 FACE 3
APRIL 1, 1997 33
BUR , , FAW
4. The owner or keeper shall notify the county animal control division
immediately if a vicious dog is on the loose, is unconfined, c has attacked
another animal or has threatened or attacked a human being, or has died or
has been sold or given away. If the vicious dog has been sold or given away,
the owner or keeper shall also provide to the division the name, address and
telephone number of the owner of the vicious dog. If the vicious dog has died
the animal control authority shall be notified and the remains shall not be
destroyed until identified by the aminal control authority.
IS HEREBY AMENDED to read as follows with consequential subparagraph
relettering whereby present (i) becomes (k) :
(h) The owner or keeper shall obtain and maintain the liability insurance
required by this section during the twelve-month period of which licensing is
sought, unless the owner or keeper shall cease to own or keep the vicious dog
prior to the expiration of such license. The owner or keeper shall notify the
county animal control division of any cancellation, modification, expiration or
termination of the liability insurance policy required by this section.
(i) The owner or keeper shall, on or prior to the effective date of such license
for which application is being made, have an approved proper enclosure
approved in writing, by an animal control officer for the vicious dog on the
property where the vicious dog will be kept or maintained. In addition, the
annual registration fee required by subparagraph (k) shall be paid on a pro rata
basis for the remainder of the license period, if any.
6) The owner shall immediately notify the appropriate animal control authority
when a dog that has been classified as dangerous:
a. Is loose or unconfined.
b. Has bitten a human being or attacked another animal.
C. Is sold, given away, dies, runs away or stolen.
d. Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the
name, address, and telephone number of the new owner to the animal control
authority. The new owner must comply with all of the requirements of this
ordinance, even if the animal is moved from one local jurisdiction to another
within the state. The appropriate animal control officer must is notified by the
owner of a dog classified as dangerous that the dog is in his jurisdiction.
SECTION 3. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word ofthiid,
s
ordinance is for any reason held to be unconstitutional, inoperative, or vo
such holding shall not affect the remaining portions of this ordin
shall be construed to have been the legislative intent tance, and it
o pass the ordinance
without such unconstitutional, invalid or inoperative part.
SECTION 4. EFFECTIVE
WE.
A certified copy of this ordinance, as enacted, shall be filed by the Clerk
with the Office of the Secretary of State of the state of Florida within ten days
after enactment, and this ordinance shall take effect upon filing with the
Secretary of State. -
Approved and adopted by the Board of County Commissioners of Indian
River County, Florida, on this dayof A P r 1 1 1997
This ordinance was advertised in the Vero Beach Press -Journal on the
y day of Mme, 1997, fora public hearing to be held on the
I day of
----&P r i 1 1997, at which time it was moved for adoption by Commissioner
Adams , seconded by Commissioner M a c h t
following vote: ,and adopted by the
Chairman Carolyn K. Eggert
Aye
Vice Chairman John W. Tippin
A y e
Commissioner Caroline Ginn
Aye
Commissioner Kenneth R. Macht
Aye
Commissioner Fran B. Adams
Aye
APRIL 19 1997 34
The Chairman thereupon declared the ordinance duly passed and
adopted this 1 day of April , 1997.
BOARD OF COUNTY COMMISSION
Attest: INDIAN RIVER COUNTY, FLORIDA
t. .� By
Barton, C Caroo K.Eggert, an
,
Effective date: s ordinance became effective upon filing with the
Department of State which took place on day of , 1997.
Legal d 3-S27
Buaget
Dept
Rlsk Mgr.
PUBLIC HEARING - REZONE APPROXIMATELY 111 ACRES FROM
RM -6 TO CON -1 - WABASSO SCRUB CONSERVATION AREA
WIN ]Press Journal
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-Journala
,
daily newspaper published at Vero Beach in Indian River County,
Florida: that
was published in said newspaper in the issue(s) of
Amim# 25 1997 0%o Dar- 4- A
Sworn t�to and subscribed beforeme this
of—
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APRIL 19 1997 35
NOTICE OF PROPOSED ZONING CHANGE
The Board of County Commissioners of Indian River
County, Florida, will consider the adoption of a
county ordinance rezoning land from: RM -6, Multiple -
Family Residential District (up to 6 units/acre) to Con-
t, Public Lands Conservation District (zero density).
The subject property is owned by Indian River
County. The subjectproperty is located at the
northwest corner of C.R. 510 and 58th Avenue, and
contains approximately 111 acres. The subject
property lies in the southeast '/a section of Section 29,
Township 31S, Range 39E, lying and being in Indian
River County, Florida.
A public hearing at which parties in interest and
citizens shall have an opportunity to be heard, will be
held by the Board of County Commissioners of Indian
River County, Florida, in the County Commission
Chambers of the County Administration Building,
located at 1840 25th Street, Vero Beach, Florida on
Tuesday, April 1, 1997, at 9:05 a.m. The proposed
ordinance to rezone the subject property is entitled:
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING
ZONING MAP FROM RM -6, TO CON -1, FOR
PROPERTY LOCATED AT THE NORTHWEST
CORNER OF C.R. 510 AND 58TH AVENUE,
AND DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
The proposed ordinance may be inspected by the
public during regular business hours at the office of
the Clerk to the Board of County Commissioners,
1840 25th Street, Vero Beach, Florida. For more
information, contact John Wachtel at 567-8000,
extension 247.
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
extension 223 at least 48 hours in advance of
meeting.
Indian River County
Board of County Commissioners
i By: -s- Carolyn K. Eggert, Chairman
a�nlr i ni F'l�Gc 1
BOOK . ., PAGE 419W
The Board reviewed a Memorandum of March 19, 1997
TO: James E. Chandler
County Administrator
Community Developmefit r4*ector
THROUG33: Sasan Rchani, AICP �,
Chief, Long -Range Planning
FROM: John Wachte�
Senior Planner, Long -Range Planning
DATE: March 19, 1997
RE: COUNTY =TIATED REQUEST TO REZONE APPROXIMATELY 111
ACRES FROM RM -6 TO CON -1
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 1, 1997.
DESCRIPTION AND CONDITIONS
This is a county initiated request to rezone approximately 111
acres from RM -6, Multiple -Family Residential District (up to 6
units/acre), to Con -1, Public Lands Conservation District (zero
density).
The subject property, located at the northwest corner of 58th
Avenue and CR 510, is generally known as the Wabasso Scrub
Conservation Area. On October 2, 1995, Indian River County
purchased the subject property. Funding for that purchase was
provided through the county's environmental lands acquisition
program and a 50% cost -share grant from the State of Florida
(through the Florida Communities Trust).
In conjunction with purchasing the property, the Board of County
Commissioners adopted a management plan for this environmentally
important site. That plan calls for the land to be used for
resource management and passive/non-consumptive recreation.
Furthermore, that plan states that the county will initiate a land
use amendment and rezoning request to designate the property as
conservation land. The land use amendment portion of that
commitment was completed when the Board adopted the C-1, Publicly
Owned Conservation -1 (zero density) land use designation for the
subject property on March 18, 1997.
The purpose of this request, in addition to meeting the management
plan's rezoning commitment, is to secure the necessary zoning to
ensure that the subject property's environmental significance will
be preserved, and that the future use of the site will be
consistent with the site's management plan.
Rezoninv Procedures
When initiated, this application involved both a land use amendment
and a rezoning request. As with most such applications, both
requests were processed concurrently. State law, however, provides
some special requirements for county initiated rezoning requests,
such as the subject request, that involve more than 10 acres.
Among those special requirements are the following:
• The Board must hold 2 advertised public hearings.
• The second hearing must be held at least 10 days after the
first hearing and must be advertised at least 5 days prior to
the bearing.
The first rezoning public hearing was held at -the March 18, 1997
Board of County Commissioners meeting. At that meeting, the Board
voted 5-0 to hold the second rezoning public hearing at the April
1, 1997 Board of County Commissioners meeting. Because that
meeting meets the requirements for the second hearing, the rezoning
ordinance can be adopted following that public hearing.
On September 26, 1996, the Planning and Zoning Commission voted 6-0
tb recommend that the Board of County Commissioners approve this
request.
APRIL 19 1997 36
Existing Land Use Pattern
Consisting primarily of undeveloped sand pine scrub and pine
flatwoods, the site is currently zoned RM -6. The area located
directly north of the subject property, within the Sebastian City
Limits, is zoned Mobile Home Planned Unit Development (up to 5
units/acre). Currently, the portion of that property that abuts
the subject property is undeveloped xeric oak scrub.
Wabasso Park, a county -operated park facility that is zoned A-1,
Agricultural District (up to 1 unit/5 acres), is located at the
northwest corner of the subject property. West of the site, land
is zoned RM -6. Land along the northern half of the site's western
boundary consists of rangeland and single-family houses on large
lots, while the Lows Park Subdivision of single-family houses abuts
the southern half of the site's western boundary.
South of the site, across CR 510, land is zoned RM -3, Multiple -
Family Residential District (up to 3 units/acre) and RS -3, Single -
Family Residential District (up to 3 units/acre). Consisting
primarily of single-family homes, that area also contains several
churches.
Land east of the site contains a mix of land uses including The
John's Island Club -West Golf Course (zoned RM -6), an abandoned
citrus grove (zoned RM -8), a church (zoned RM -6), and a legally
established non -conforming mobile home park (zoned RM -6 and CL).
Future Land Use Pattern
On March 18, 1997 the BCC adopted an ordinance redesignating the
subject property from L-2 to C-1. However, consistent with state
law, the effective date of that ordinance is when the land use
designation amendment is found "in compliance" by the State
Department of Community Affairs (DCA). According to state law, DCA
must determine that the amendment is either "in compliance" or "not
in compliance" within.45 days from receipt of the amendment. DCA
has not --yet formally made that determination.
Therefore, at this time, the subject property as well as land to
the west of the subject property, and the northern half of land to
the east of the subject property are designated L-2, Low -Density
Residential -2, on the future land use map. The L-2 designation
allows residential uses with densities of up to 6 units/acre.
With the exception of two small C/I, Commercial/ Industrial Node,
designated areas near CR 510, the land to the east of the subject
property is designated M-1, Medium -Density Residential -1, on the
future land use map. The M-1 designation allows residential uses
with densities of up to 8 units/acre. The C/I designation allows
commercial and industrial uses.
To the south of the subject property, across CR 510, land is
designated L-1, Low -Density Residential -1, on the future land use
map. The L-1 designation allows residential uses with densities of
up to 3 units/acre.
Environment
Consisting of approximately 54 acres of sand pine scrub, 42 acres
of pine flatwoods, and 15 acres of fresh water wetlands, the
subject property is an environmentally important site.
Approximately 2�4 acres, located primarily along the site's east
and west boundaries, are environmentally_ disturbed. Portions of
the site are within an "A" 100 -year flood plain for which no
minimum base flood elevation requirement has been determined.
Approximately 34 acres of the property's scrub have been identified
by the U.S. Fish and Wildlife Service (FWS) as occupied territory
of the federally threatened Florida scrub jay. FWS considers this
property to be one of the "core" scrub jay territories in the
county critical to the long term survival of the county's scrub jay
population. Moreover, the site contains mature sand pine scrub
that, if properly managed, could expand the area of scrub jay
habitat on the property. Other rare listed species documented or
expected to occur on site include the gopher tortoise, eastern
indigo snake, and gopher frog. Overall, the scrub native plant
community is recognized as endangered regionally and statewide.
Utilities and Services
Potable water service is available to the site from the South
County Reverse Osmosis Plant. When it is complete, the North
County Reverse Osmosis Plant will (if necessary) provide potable
water to the site. Although wastewater lines from the North County
Wastewater Treatment Plant are planned to extend to the site by
2010, wastewater service is not currently available to the site.
BOOK `1.�. FAGS 43
"RM 1� 1�7 37
BOGY ME 44,
Transportation System
The property abuts CR 510. Classified as an urban principal
arterial roadway on the future roadway thoroughfare plan map, this
segment of CR 510 is a 2 -lane road with approximately 80 feet of
existing public road right-of-way. This segment of CR 510 is
programmed for expansion to 4 lanes and 160 feet of public road
right-of-way by 2010.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will address:
• concurrency of public facilities;
0 compatibility with the surrounding area;
0 consistency with the comprehensive plan; and
• potential impact on environmental quality.
Concurrency of Public Facilities
This site is located within the County Urban Service Area, an area
deemed suited for urban scale development. The comprehensive plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage, and Recreation (Future Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
To ensure that the minimum acceptable standards for these services
and facilities are maintained, the comprehensive plan also requires
that new development be reviewed. For rezoning requests; this
review is undertaken as part of the conditional concurrency
determination application process.
As per section 910.07 of the County's LDRs, conditional concurrency
review examines the available capacity of each facility with
respect to a proposed project. Since rezoning requests are not
projects, county regulations call for the concurrency review to be
based upon the most intense use of the subject property based upon
the requested zoning district. For conservation zoning district
requests, the most intense use (according to the County's LDR's) is
the maximum number of units that could be built on the site, given
the size of the property and the maximum density allowed under the
proposed zoning district. The site information used for the
concurrency analysis is as follows:
I. Size of Area to be Rezoned:
2. Existing Zoning District:
Maximum Number of Units with
Existing Zoning District:
4. Proposed Zoning District:
tlll acres
RM -6, Multiple -Family
Residential District
(up to 6 units/acre)
666
Con -1, Public Lands
Conservation District
(zero density)
5. Maximum Number of Units with Proposed Zoning District: 0
As per section 910.07(2) of the Concurrency Management Chapter of
the County's LDRs, projects which do not increase density or
intensity of use -are exempt from concurrency requirements. This
rezoning request is exempt from concurrency review, because the
requested zoning district would not increase the total number of
potential units that the site could accommodate.
It is important to note that there will be no effect on service
levels for any public facility as a result of the proposed
rezoning.
Compatibility with the Surrounding Area
Under the requested Con -1 zoning district, there will be no
development on the subject property except for minor facilities
associated with passive recreation activities. For that reason,
the subject request will enhance compatibility between development
on the site and surrounding land uses.
APRIL 19 1997 38
In contrast to the 666 units allowed under the existing zoning
district, development under the requested zoning district would be
limited to conservation uses and recreational uses. In terms of
traffic, noise, and aesthetics, the impacts associated with uses
allowed under the proposed Con -1 zoning district will be
significantly less than those that would occur with development
under the existing zoning district. In fact, the recreational uses
allowed under the requested zoning district will serve as an
amenity for nearby residential uses.
For these reasons, staff has determined that the requested zoning
district is compatible with the surrounding area.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map, which include agriculture, residential, recreation,
conservation, and commercial and industrial land uses and their
densities. Commercial and industrial land uses are located in
nodes throughout the unincorporated areas of Indian River County.
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify actions which the county will take in order to direct the
community's development. As courses of action committed to by the
county, policies provide the basis for all county land development
related decisions --including rezoning decisions. While all
comprehensive plan objectives and policies are important, some have
more applicability than others in reviewing rezoning requests. Of
particular applicability for this request is Future Land Use
Element Policy 1.5.
- Future Land Use Element Policy 1.5
Future Land Use Element Policy 1.5 limits the C-1 land use
designation to publicly owned land with conservation and/or
recreational uses. Since the Con -1 zoning district is also limited
to publicly owned land with conservation and/or recreational uses,
the Con -1 zoning district is consistent with, and allowed on, C-1
designated land.
To ensure that the subject property is not rezoned to Con -1 while
it retains its present L-2 land use designation, the ordinance
rezoning the subject property has the same effective date as the
ordinance redesignating the site to C-1. For that reason, the Con-
t zoning district cannot be applied to the subject property until
the site is formally redesignated to C-1. For these reasons, the
request is consistent with Future Land Use Element Policy 1.5.
As part of the staff analysis, all policies in the comprehensive
plan were considered. Based upon this analysis, staff determined
that the proposed rezoning is consistent with the comprehensive
plan.
Potential Impact on Environmental Quality
The site's existing zoning district offers limited environmental
protections. Residential development on the subject property would
be required to preserve only 15 percent of the site, or 16.65
acres. In contrast, under the proposed zoning district, the entire
site would be preserved, and development would be limited to
conservation and compatible passive recreational uses.
Although the site is publicly owned and could be developed as a
public park under the existing zoning district, the proposed zoning
provides the site with additional protection from development. By
prohibiting most types of development on the site, the proposed
request will ensure that the environmental quality of the site will
be preserved.
For these reasons, the proposed rezoning is anticipated to
Positively impact the environmental quality of the subject
property.
CONCLUSION
Based on the analysis, staff has determined that the proposed
rezoning is consistent with the comprehensive plan, compatible with
all surrounding land uses, will cause no adverse impacts on the
provision of public services, and will positively impact the
environment. For these reasons, staff supports the request.
BOOK . 01 FACE 45
"RM 1� 1�% 39
BOOM 01 PAGE 46
RECOMMENDATION
Based on the analysis, staff and the Planning and Zoning Commission
recommend that the Board of County Commissioners approve this
request to rezone the subject property to Con -1.
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 Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Ordinance 97-014 amending the Zoning Ordinance and
the accompanying Zoning Map from RM -6 to CON -1 for
the property located at the Northwest corner of 58th
Avenue and C.R. 510 and described herein and
providing for effective date.
ORDINANCE NO. '97-14
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -6,
TO CON -1, FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF
58TH AVENUE AND C.R. 510, AND DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that
this rezoning is in conformance with the Comprehensive Plan of
Indian River County; and
WHEREAS, the Board of County Commissioners has held two public
hearings pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the zoning of
the following described property situated in Indian River County,
Florida, to -wit:
PARCEL 1:
THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP
31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA;
PARCEL 2:
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS THE WEST 10
ACRES, IN SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA;
"RM 1, 1997 40
� ® i
PARCEL 3:
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP
31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
LESS RIGHT OF WAY FOR STATE ROAD 510 (WABASSO ROAD) A/K/A 85TH
STREET.
Be changed from RM -6, TO CON -1
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
Effective Date: This ordinance shall become effective upon the
issuance by the State Department of Community Affairs of a Notice
of Intent to find the related Comprehensive Plan Land Use
Designation Amendment contained in Ordinance No. 97-07 in
compliance in accordance with s. 163.3184(9) or the issuance of a
final order by the Administration Commission finding the referenced
amendment in compliance with s. 163.3184(10).
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this lot day of April, 1997.
This ordinance was advertised in the Press Journal on the 7th
day of March, 1997 for -a public hearing to be held on the 18th day
of March, 1997. This ordinance was also advertised in the Press
Journal on the 25th day of March, 1997 for a public hearing to be
held on the 1st day of April, 1997 at which time it was moved for
adoption by Commissioner Adams
Macht , seconded by Commissioner
and adopted by the following vote:
Chairman Carolyn K. Eggert Aye
Vice -Chairman John --W Tippin- - _ — Aye
Commissioner Fran B. Adams Aye
Commissioner Caroline D. Ginn _ Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
ATT:
This ordinance was filed with the Department of State on the
following date:
u\n\j\wsrzon.ord
UWW PdW Ce Agpr vved Oaie
Admin
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Budge! I
Dept
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APRIL 1, 1997 41
BOOK 1 PAGE 47
BOOK JM PACE
LDR AMENDMENTS - HEARING DATES REGARDING
COMMUNICATION TOWERS/ AS
The Board reviewed a Memorandum of March 26, 1997:
TO: James E. Chandler
County Administrator
DIV ON HEAD CONCURRENCE:
T�
Robert M. Rea i , AI
Community De el menirector
FROM: Stan Boling AICP
Planning Director
DATE: March 26, 1997
SUBJECT: Approval of Hearing Dates for Two Board Hearings to
Consider LDR Amendments Related to Communication
Towers/Antennas
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of April 1, 1997.
Until the 1995 state legislative session, all land development
regulation (LDR) amendments required two evening hearings of the
Board of County Commissioners. .Current_ law now allows some
flexibility in LDR amendment meeting times, although two hearings
are still required for the communication towers/antennas amendments
being proposed.
Normally, a special Board meeting is scheduled for the Board's
initial consideration of an LDR amendment proposal. However,
because the Board has extensively workshopped the tower/antenna LDR
amendment issue, staff believes that the Board's first hearing can
be handled at a regular meeting that has a "light" agenda. Other
amendments not related to towers/antennas will need to be reviewed
by the Board later this spring.
Recently, the Professional Services Advisory Committee reviewed and
made recommendations on the proposed tower/antenna amendments, and
the Planning and Zoning Commission is scheduled to consider
proposed amendments at its March 27, 1997 meeting. To finalize
amendments prior to expiration of the current tower application
moratorium, the Board must now set dates and times for the required
public hearings. If the first public hearing is held prior to May
5th and the Board agrees on an acceptable ordinance, then the Board
could invoke the pending ordinance doctrine at the end of the first
hearing and could hold the second (final) hearing after May 5th.
By invoking the pending ordinance doctrine, the Board could ensure
that any time gap between May 5th and the final hearing is covered
by a new, acceptable pending ordinance.
Planning staff has coordinated closely with the county attorney's
office concerning the newer state requirements for LDR amendment
hearings. The new legislation divides LDR amendments into two
types:
1. Amendments which change the actual list of permitted,
conditional, or prohibited uses within a zoning category
(district); and
2. All other types of amendments.
APRIL 19 1997
42
0a i
Some of the proposed tower/antenna amendments would change the
zoning district use tables that specify the districts in which
certain towers are allowed. Therefore, the proposed tower/antenna
amendments require two hearings. Florida statutes provides that
one of those two hearings be held after 5:00 p.m., unless a four
fifths majority of the Board votes for pre -5:00 p.m. meetings.
Thus, with 4 or 5 positive votes, the Board could vote to hold both
LDR hearings bprs 5:00 p.m., such as at a special morning meeting
or regular Tuesday morning Board meeting.
One set of hearing dates which would comply with state hearing and
advertising requirements, and which the Board office has indicated
may accommodate most commissioners' schedules, is as follows:
1. Regular meeting Tuesday, April 15, 1997 9:05 a.m.
2. Special meeting April 25 -May 5, 1997* any time
*Note: The final hearing could be scheduled after May 5th if
the pending ordinance doctrine is invoked by the Board at the
end of the April 15th hearing.
The Board may establish any other dates that meet state
requirements. However, the Board must approve dates for 2 public
hearings that are at least 10 days apart and that accommodate
advertising deadlines.
Staff recommends that the Board of County Commissioners:
1. Approve holding the public hearings before 5:00 p.m. (requires
at least 4 positive votes), and
2. Establish meeting dates for two public hearings to consider
and adopt the proposed LDR amendments related to
towers/antennas.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
holding the public hearings before 5:00 p.m. and
established Tuesday, April 15, 1997 at the Board's
regular 9:00 a.m. meeting, and Tuesday, May 6, 1997,
at -the -Board's -regular -9:00 a.m. meeting as the two
public hearing- dates to consider and adopt the
proposed LDR amendments related to towers/antennas,
as recommended by staff.
Boor, I U PAGE 49
"RM 19 1997 43
BOOK 10i PuE 50
CR -512 SCRUB MITIGATION -- WABASSO SCRUB MANAGEMENT
PLAN PROFESSIONAL SERVICES AGREEMENT - SMITH
I ZOVIA I WN NO IM D!'
The Board reviewed a Memorandum of March 25, 1997:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
Robert Keating, A.I.C.P _
Director, Community De el p At
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: CR512 Scrub Mitigation, abasso Scrub Property Management
Plan Professional Services Agreement
DATE: March 25, 1997
DESCRIPTION AND CONDITIONS
In 1995, the Board of County Commissioners authorized the selection
of Smith Environmental Services, Inc., to draft a scrub jay habitat
mitigation plan to address permitting requirements associated with
the CR512 widening project. Subsequently, in September, 1996, the
U.S. Fish and Wildlife Service (FWS) issued a biological opinion
and authorized the County to proceed with the C.R. 512 project,
contingent upon the County implementing its scrub jay habitat
mitigation plan on the Wabasso Scrub Conservation Area property.
The habitat mitigation plan submitted by the County and accepted by
the FWS requires "habitat suitability monitoring" within the areas
to be restored and managed on the Wabasso Scrub property. This
required monitoring includes color -banding the resident scrub jay
sub -population to document reproductive success.
Smith Environmental Services has submitted a scope of services and
cost estimate for implementation of the required monitoring program
(attached), for approval consideration by the Board of County
Commissioners.
ALTERNATIVES AND ANALYSIS
County environmental planning staff has indicated that the required
monitoring, particularly the color -banding of a federally protected
species, is beyond the expertise of staff. Therefore, contracting
with a specialist for the monitoring is warranted. However, because
the Wabasso Scrub property is the first of a number of scrub
properties that the -County will be managing, staff thinks this is
a good opportunity for staff to observe and learn monitoring
techniques that staff can implement in the future on other scrub
management properties.
Concerning the attached scope of services from Smith Environmental
Services, Inc., since the firm drafted the approved scrub jay
habitat mitigation plan and is already familiar with the Wabasso
Scrub property from the standpoint of management and monitoring.
needs, staff thinks it is appropriate for the County to select the
firm without need for a formal competitive bidding process. As
proposed, the total cost of monitoring is estimated to be $7,333,
plus not exceeding $500 in reimbursable expenses (see Attachment A
of the Scope of Services).
APRIL 19 1997 44
� � r
Alternative 1•
Approve the agreement with Smith Environmental Services and direct
the Chairman to execute the agreement on behalf of the Board.
Alternative 2•
Direct Staff to negotiate an agreement with another firm.
RECOMMENDATION AND FUNDING
Staff recommends Alternative 1, funding to be from account number
101-153-541-067.71
Commissioner Adams questioned whether monitoring cameras are
being installed, and Environmental Chief Roland DeBlois advised
these are permanent survey markers for follow-up photography.
Commissioner Adams expressed her concern that no liability
insurance is being required, and County Engineer Roger Cain advised
he had discussed this with Risk Management and they advised a "hold
harmless" clause would be sufficient.
Commissioner Adams wanted to know whether any of the wood from
the trees being removed could be sold, and Mr. DeBlois stated he is
working with a representative of Georgia Pacific and will keep the
Board informed.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
the agreement with Smith Environmental Services and
authorized the Chairman to execute same, as
recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
48TH COURT AND 28TH PLACE - WATER AND SEWER SYSTEM
EXTENSION - DRIVEWAYS, INC.
The Board -reviewed a Memorandum of March 24, 1997:
DATE: MARCH 24, 1997
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITYRS
F
PREPARED WILLIAM F. McCAIN. P.E.
AND STAFFED CAPITAL PROJECTS ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 48TH COURT AND 28TH PLACE, WATER AND
SEWER SYSTEM EXTENSION, WITH DRIVEWAYS, INC.
INDIAN RIVER COUNTY PROJECT NOS. US -95 -21 -CS & UW -95 -20 -DS
BACKGROUND
On September 12, 1995, the Board of County Commissioners approved
the construction of the above -referenced project. (See attached
BOOK FAGS
APRIL 1, 1997 45 :
101
BOOK'AGE 52
agenda item and minutes.) We have received the final quantity
adjustment, the Department of Environmental Protection (DEP) permit
clearance and customers are connected. We are before the Board of
County Commissioners for final payment and change order approval.
ANALYSIS
During. the construction, through no fault of the contractor,
additional dewatering had to be accomplished, (i.e., soil
conditions caused the failure of the road and a larger ditch was
required increasing the contract price). Also, during the DEP
permit process the originally proposed two inch water line had to
be enlarged to a four inch line and the sewer was required to be
enlarged from the originally proposed six inch to an eight inch
line, increasing the contract price. As a result of these changes,
we have incurred additional costs. For details of the contract
changes, please reference the attached change order with Driveways,
Inc. The total approved project cost was $22,772.27, which
included a contingency. The original contract amount with
Driveways, Inc., was $16,712.12. The increase from Driveways,
Inc., is $5,358.40 and the materials increase from U.S. Filter,
also known as Davis Meters is $571.03, equating to a final
materials cost of $2,835.80. This results in a total proposed
project amount of $24,906.32 which is $2,134.05, over the
originally approved budgeted amount. Funding for this will be from
Account Nos.4Ts--•-1g-a%w and, 472-1;a! -10- vI,7. oo
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the project changes as
described above and authorize the Chairman to execute the attached
change order and pay request as presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
the project changes and authorized the Chairman to
execute the change order and pay request with
Driveways, Inc., as recommended by staff.
DOCUMENTS ARE ON FILE IN THE OFFICE OF
THE CLERIC TO THE BOARD
SOUM COUNTY R.O. PLANT SEWER SYSTEM CONNECTION -
FINAL PAY REQUEST -TREASURE COAST CONTRACTING
The Board reviewed a Memorandum of March 20, 1997:
DATE: MARCH 20, 1997
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY rRVICES
PREPARED WILLIAM F. MICA���
AND STAFFED CAPITALSCT ENGINEER
BY: DEPAR UTILITY SERVICES
SUBJECT: SOUTH COUNTY R.O. PLANT SEWER SYSTEM CONNECTION
FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. US -96 -14 -CS
On December 3, 1996, the Indian River County Board of County
Commissioners approved a contract with Treasure Coast Contracting
for the above -referenced project. (See attached agenda item and
minutes). The project is now complete and we wish to make final
payment to the contractor.
APRIL 19 1997 46
The original project was approved on September 17, 1996,.with a
budget including contingency of $62,295.30. (See attached agenda
item and minutes). The total preliminary construction cost was
$48,996.00. The awarded construction amount to Treasure Coast
Contracting was $8,800.00. The final materials and equipment cost
was 19,882.40,(i.e., U.S. Filter and ABS pumps), in house materials
and labor was $2,500.00 which equates to a final project cost of
$31,182.40, a savings of $17,813.60.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve and execute the attached
final pay request from Treasure Coast Contracting as presented.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved
the final pay request from Treasure Coast
Contracting and authorized the Chairman to execute
same, as recommended by staff.
DOCUMENTS ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
OSLO PLAZA ASSOCIATION - IMPACT FEE CREDIT
The Board reviewed a Memorandum of March 26, 1997:
TO: The Board of County Commissioners
FROM: t; William G. Collins II - Deputy County Attorney
DATE: March 26, 1997
SUBJECT: Oslo Plaza Associates Impact Fee Credit
On March 17, 1997 our office received a notice from litigation counsel on behalf
of Oslo Plaza Associates, Inc. notifying us that they intended to file an action
seeking declaratory and injunctive relief, costs and attorneys fees if their client is
not allowed a traffic impact fee -credit of $119;336 pursuant to an arrangement
between the Board of County Commissioners and a previous owner of the
property they now own.
SUMMARY
• By letter dated December 7, 1990, the attorney for Oslo Plaza Associates, a
Florida general partnership (a previous owner) delivered to the Public Works
Director copies of an executed warranty deed, a partial release of mortgage,
and a title search.
• On December 11, 1990, the Board of County Commissioners approved
purchasing Oslo Road and 27"' Avenue right-of-way (northwest comer) by
granting a traffic impact fee credit in the amount of $119,536 and a cash
payment of $77,450.
• Pursuant to Board direction the staff delivered payment in the amount of
$77,450 and the deed was recorded January 3, 1991. Also, National
Westminster Bank, USA, executed a partial release of mortgage as to its
interest in the right-of-way transferred. The seller's attorney delivered title
insurance on the same day in the amount of $196,000.
BOOK '� ul FACE 53
APRIL 19 1997 47
• The development approved in 1990 never went forward, and the site plan
approval ultimately expired:
• In the spring of 1995, under contract with the County, Atlantic Coastal Title
Corporation produced a compendium of state designated roads and
applicable Murphy Act road reservations. That document showed that Tract
16 at the northwest comer of 2r Avenue and Oslo Road was subject to
Murphy Deed reservations.
• On December 12, 1995 Public Works Director Davis wrote Community
Development Director Keating to "not issue nor approve a traffic impact fee
credit for this site°.
• On March 7, 1996 Karen Sass of West & Associates wrote Public Works
Director Jim Davis requesting that he confirm in writing that no traffic impact
fee credits would be issued since the Murphy Deed reservation applied to the
property.
• By letter dated March 11, 1996, Mr. Davis confirmed that the County and the
State already had road reservations of record, and for that reason on
December 12, 1995 he requested the Community Development Department
to remove the traffic impact fee credit for the property.
• On April 9, 1996 1 was informed by an attorney for Natwest Bank, N.A. that
they had acquired title to the property in November of 1995 through mortgage
foreclosure.
• The property was transferred from Natwest Bank to Oslo Plaza Associates,
Inc. in May, 1996. Both parties had knowledge of the County's position on
the traffic impact fee credit.
• On October 24, 1996 attorney Bruce Barkett on behalf of Oslo Plaza
Associates, Inc. demanded that impact fee credits be restored to the property
or that the County file an action in court for declaratory relief °rather than
unilaterally breach the contracr.
• Subsequently I, along with Public Works Director Davis, met with Mr. Barkett
to discuss the matter. At that time Mr. Barkett produced a partial release of
the reservation. The County Surveyor subsequently calculated that the
amount of right-of-way that the County actually needed to purchase (less the
part already subject to road reservations) would have cost $60,070.50 based
on the $2.25 per square foot purchase price ultimately approved by the
Board of County Commissioners. Thus, it appears that the County overpaid
for the right-of-way not already reserved for road purposes by $17,380, in
addition to authorizing a $119,536 traffic impact fee credit..
CONCLUSION:
The basis for a lawsuit is outlined in Mr. Melville's letter of March 14, 1997.
The title insurance company would need to be noted of any loss due to the
encumbrance on the insured property.
The County staffs position is that it is inequitable for the County to pay for
something that it already had. That is, to pay for road right-of-way when the
property conveyed was already subject to a reservation and easement for road
right-of-way purposes.
The staff requests that the Board of County Commissioners direct whether the
traffic impact fee credit should be allowed to the property as previously approved
by the County Commission on December 11, 1990, or whether the staff should
defend any forthcoming lawsuits based on principles of equity, unjust
enrichment, failure of consideration, nonexistence of a contract and mutual
mistake of material fact.
RECOMMENDATION
1. Ratify staff decision to rescind traffic impact fee credits.
2. Notify title insurer of pending claim and litigation.
3. Authorize defense of any forthcoming suit seeking declaratory and
injunctive relief including filing counterclaims and impleader.
APRIL 1, 1997 48
Deputy County Attorney Will Collins briefly reviewed the facts
for the Board, explained the Murphy Act Deeds, and stated that it
is staff's recommendation that the Board ratify the decision to
rescind the traffic impact fee credits, notify our title insurer
that there is a pending claim and litigation, and authorize defense
of the forthcoming suit. The court could declare the respective
rights of the parties. If we simply agree to give the impact fee
credit at this point, Attorney Collins did not believe the County
would have a valid claim against the title insurance.
Bruce Barkett, Attorney representing West & Associates, stated
this was essentially a simple agreement - a land -for -money swap.
A portion of the purchase price was to be paid in cash and the
balance was to be paid in impact fee credits. The question today
is whether or not the Board should honor the agreement made with
Oslo Plaza Associates. The discovery that the State had reserved
an easement for right-of-way over a portion of the property was
always a matter of public record. Public Works Director Jim Davis
has rescinded the traffic impact fee credits which is an absolute,
unqualified breach of contract. The County got more than its fair
value for the property which is now valued at approximately
$295,000.
Attorney Barkett continued that since 1988 Oslo Plaza has paid
over $300,000 in taxes on this parcel and after development the
property should generate $100,000 a year in taxes which is about
equal to the traffic impact fee credit. These funds will go
directly for the improvement of the Oslo Road and 27th Avenue
intersection, which is currently functioning at a below -acceptable
level of service. The developer is being held up until the
intersection is improved. The developer will improve the
intersection regardless of the decision reached today. The impact
fee credits will be used for these improvements and he asked that
the Board honor the contract, by at least giving the impact fee
credits for Phase I of the development plus the gas station, which
would be approximately $92,000.
Harold Melville, litigation counsel for Oslo Plaza Associates,
stated that essentially a contract was entered into 1990 between
the County and the then owner of the property, Oslo Plaza
Associates. Oslo Plaza Associates fully performed its portion of
the contract by conveying title to the County. 5 to 7 years later
the County felt it had made a bad bargain and decided not to honor
the agreement. If the County has a remedy in this matter, it can
seek rescission of the contract in the court system on the theory
PAGE 53)5 -
APRIL, 1, 1997 49
BOOK . 0i PAGE 5
that there was a mutual mistake- of fact. Attorney Melville did not
believe a court would accept that theory in view of the fact that
everything being discussed- is recorded in the public records and he
believed a court action would be a waste of time and money.
Attorney Melville further believed that even should the County
be successful in a rescission suit, there would be no real benefit
to the County as the County would still need the land for the road
but would then be forced to pay today's prices.
Commissioner Ginn questioned whether the traffic impact fee
credits run with the land, and Attorney Melville responded in the
affirmative.
Public Works Director Davis stressed that the right-of-way to
the County does not exist as the State has jurisdiction over 27th
Avenue. In 1990 it was not disclosed to the County that the State
had a road right-of-way reservation. The County cannot occupy the
land along 27th Avenue without going through extensive DOT
permitting. The statement was made that it was a part of the
public record and that any reasonable party could search the public
records; however, at that time the developer did not know that the
Murphy Act right-of-way was there or, if he did, he did not
disclose that information. The County required title insurance at
that time and the title company representing the County missed it
also. It would not be common sense for the County to purchase
something it already had an interest in or the State had an
interest in. Oslo Plaza Associates did not deliver clear title to
the County. If the shopping center does not pay its impact fees,
other property owners who are building homes and developing land
will have to subsidize this road widening that will have to be
done. In 1990 staff believed development of this parcel was
eminent and the County, in good faith, paid $77,000 and issued the
credit believing the development would happen right away. It is
very difficult for staff to meet transportation needs when we think
development may happen quickly.
Deputy County Attorney Collins believed the County does have
a contract which was never reduced to writing. The arrangement was
worked out through correspondence and modified through the Board's
actions at a regular meeting. Legal staff's position is that there
never was a contract and there was a mutual mistake of material
fact in that the seller gave the County a warranty deed and title
insurance saying that the property was free and clear.
APRIL 19 1997 50
Commissioner Macht inquired whether the title company would be
let off the hook if a compromise were reached, and Attorney Collins
believed that giving the impact fee credit would create a loss to
the County through the County's own actions.
Commissioner Adams believed the title company would not be off
the hook, as they had the ability to reveal the Murphy Act
reservations and failed to do so.
Commissioner Adams commended Director Davis for research done
regarding the Murphy Act reservations and believed that there may
be other properties subject to the same reservations which will be
discovered at a later time. She believed that the County has an
obligation in this matter and that each of the parties entered into
the agreement in good faith and when impact fee credits are given,
there is no guarantee that the development will be completed
immediately or in 5 years.
Chairman Eggert questioned whether there is a 7 year limit on
using impact fee credits, and Director Davis responded that if the
property owner asks that they be refunded, then they would be
refunded if not encumbered.
Commissioner Adams questioned whether the County knew in 1990
that 27th Avenue was a state road, and Director Davis responded
that staff was not aware that the state had an interest in Murphy
Act reservation there and staff believed that the County was
purchasing land over which it had complete control.
Director Davis continued that staff had exhausted all
resources in order to have the Department of Transportation correct
the problems at that intersection. However, the DOT project at
that intersection was simply a resurfacing one, not a widening
project.
Attorney Barkett advised that the developer is willing to redo
the intersection improvements and pay for that portion of the
improvement which is mandated by his development.
Director Davis stressed that the County must have impact fees
in order to redo this intersection and basically, this developer
will not pay its fair share of those impact fees.
Attorney Barkett then advised that the developer was willing
to accept a 25% discount just to move the project forward.
After further discussion, Commissioner Macht MOVED to accept
staff's recommendation, and Commissioner Adams felt she could not
support that action.
Deputy County Attorney Collins advised that the time and cost
of litigation would be heavy and a compromise may be worth
considering. The County could still file a claim on the title
insurance if the credit were reduced from $119,000 to $92,000. He
APRIL 19 1997 51 BOOK PAGE 57
BOOK 101 PAGE 58
believed the equity of the situation lies with County; however,
there are also risks to the County in litigation.
Director Davis felt that the County and State had enough
interest in the right-of-way to accomplish the purposes except for
the west 330 feet and the $77,000 which was paid in cash more than
adequately compensated for that west 330 feet.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously accepted
the developer's counter -proposal of a $92,000 impact
fee credit to settle the matter, and authorized
staff to notify the title insurer of a pending
claim.
LAND ACQUISITION CONDHEEEE REPORT - CARSON PLATT
PROPERTY - ST JOHNS RIVER WATER MANAGEMENT DISTRICT
The Board reviewed a Memorandum of March 26, 1997:
To: Board of County Commissioners
From: Carolyn K. Eggert
Chairman
Date: March 26, 1997
Subject: Land Acquisition Advisory Committee Report
The Land Acquisition Advisory Committee (7 members) came to a concensus
to ask the County Commission to approve paying 25% share of Carson Platt
property if St. Johns/C.A.R.L. can negotiate a deal.
Chairman Eggert noted that, regarding the pending auction of
the Carson Platt property, the Board has never agreed to a
participant 25% payment.
Environmental Chief Roland DeBlois advised the Board that in
October a review of projects will begin. These projects are
contemplated to be purchased by 3 agencies in the following
percentages; CARL 25%, SJRWMD 50%, and the County 25%. The Carson
Platt property is being auctioned in 2 weeks and has a couple of
benefits to the County such as fulfilling Comp Plan objectives.
Commissioner Macht inquired whether the County will receive an
interest in the title, and Mr. Deblois stated that SJRWMD is
willing to work with the County on this.
APRIL 11 1997 52
� - r
Commissioner Ginn wanted to know whether there would be any
management costs and whether those costs would be shared, and Mr.
Deblois believed that would be a County decision. Mr. Deblois
advised the cost to the County would be $2-3 million for
approximately 6,000 acres, of which approximately 3,300 acres at
$1800 per acre will be included in the initial purchase.
Chairman Eggert stressed that the concern of LAAC was that
this property has not been ranked and the Board has not committed
to the 25% share of the purchase.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Tippin, the Board unanimously approved
paying a 251% share of the purchase price of the
Carson Platt property should St. Johns River Water
Management District and C.A.R.L. negotiate a deal,
providing the County receives a 25% interest in
title.
TRANSPORTATION DISADVANTAGED - LEGISLATION REPORT
Chairman Eggert presented a Memorandum of March 27, 1997:
APRIL 19 1997
53
BOOK 1-11.01 PAGE 59
The House Transportation Coamtittae mat again yo:eterday to
LW Ig I tsu I IUW
workshop a proposed committee bill as well as another
the
M B S O_ R A N D .0 X .LEY FBX1
Cammissione m.
plan would roduco the current Commincion to an
Administrator
advisory body and transfer currant program
DATE: March 27, 1997
AttorneyTV
r�Jt;p^1NTY
M"03, Regional Flannin councils and local rdinating
Personnel
m
TO: Colmaissioners/Desicrnees
Pabiia Works
i16
Community Transvortation Coordinators
_
Commur»iy Dev.
D
Designated Planning Agencies
U, .
Lawton Chiles
FROM: Jo Ann Hutchinson, Executive Direc
C.nvamor
9AErnerg.Se;v._
MB
COP7F.S: rnmmiaainn Staff and Crm�n)ranr.s
John Zimmerman
Risk Mgc.
chaPrpwson
SUBJECT! >;erri a 1_ at i ve n da t?
Other
Jo Ann Hutchinson
This report covers the most recent 100istlativo Activity
rxacr tive Director
relating to proposed changes to Chapter 427, F.S.
-Abolishes Commission a.�d does not replace with any ether
APRIL 19 1997
53
BOOK 1-11.01 PAGE 59
The House Transportation Coamtittae mat again yo:eterday to
3Q
workshop a proposed committee bill as well as another
the
1��0311
•concept• plan similar to proposed committoo bill.
The
plan would roduco the current Commincion to an
,piss' cA
advisory body and transfer currant program
u
responsibilities MmOng the Department of Transportation,
r�Jt;p^1NTY
M"03, Regional Flannin councils and local rdinating
,tyS,vr`tits
Boards. The basis coordination delivery
ry system would not
be changed. The administration of the TD Trust Fund
DOT utestify this
woultypes rest format. cin a utpporta blockhe gpaan
Thos
were Steve Jones (FACTS), Wes Watson (Florida Transit
Association) and Carol Bracy (Florida Association of
counties). Ms. exacy however s;Agpu Lead - Lile QUILLitautia
111vulvUmtluL ur uuu"Ly c:wuntlsla_un plauaiug euatities as ole
duslUlusted u£rlc:ial ylruIIling a9en4y. No action was taken
by Lhe committee.
oA the senate side, senate Bill 2374 by Senator ttoward
Yorman, has been filed. we are currently preparing an
analysis of this bill bu: a quick glance of the bill
reveals the following changes:
-Abolishes Commission a.�d does not replace with any ether
entity for statewide policy making .
!-Fragments administration between the Florida Department
Of Transportation and the Florida Transportation
Commission, another commission who evaluates FDOT.
APRIL 19 1997
53
BOOK 1-11.01 PAGE 59
BOOK 101 FACE 60
-Places additional responsibilities with Regional
Planning Councils
We will be happy to provide, upon request, our thorough
analysis of this bill early next week. We will keep
everyone posted as new developments occur.
Thanks to all of you who have been calling and offering
support to maintain the Commission and this areae
vrooraml
Chairman Eggert expressed her concern with the additional
responsibilities which could be placed on the Regional Planning
Councils. She felt that the Florida Commission for the
Transportation Disadvantaged was functioning quite well and they
are trying to wreck it.
No action was taken.
TALLAHASSEE LEGISLATION REPORT
Commissioner Adams gave a brief report and advised that the
Shell Fish Bill has passed the House 118 to 0 and is now in the
Senate Rules Committee.
Also, Article V regarding funding of court costs will be
funded this year. The House has funded $9,000,000 and the Senate
$3,000,000.
Commissioner Adams then reported
adamant on holding the line on taxes.
No action taken.
that the Legislature is
HARBOR BRANCH OCEANOGRAPHIC MUSEUM AND EDUCATION
FACILITY GRANT APPLICATION. CULTURAL FACILM ES
PROGRAM 1998-1999 - LETTER OF SUPPORT
The Board reviewed a letter of March 18, 1997:
HARBOR BRANCH
OCEANOGRAPHIC INSTITUTION, INC.
5600 U.S. 1 NORTH
FORT PIERCE FLORIDA 34946 _
(561) 465-2400. EXT. 220
FAX (561) 465-5415
March 18, 1997
Fran B. Adams, Commissioner
11550 SR 507
Fellsmere, FL 32948
RICHARD J. HERMAN
PRESIDENT
and
MANAGING DIRECTOR
SUBJECT: REQUEST FOR SUPPORT LETTER
Re: Grant Application, Cultural Facilities Program 1998-99
Harbor Branch Oceanographic Museum and Education Facility
Dear Comm. Adams:
We are requesting your support for the above referenced grant application to the State
of Florida, Division of Cultural Affairs.
APRIL 19 1997 54
Harbor Branch Oceanographic Institution, Inc. intends to apply for a new Cultural
Facilities Program Grant for FY 1998-99. The application is due April 11, 1997. If
awarded, the money will pay for additional and critically needed Phase One expansion
of the existing Visitor Center and begin construction of museum display buildings,
research submersible and undersea vehicle exhibits, archive storage, video theater,
lecture and workshop classrooms, photo gallery and restrooms.
The expanded Harbor Branch Oceanographic Museum and Education Facility will
anchor education, cultural and scientific outreach programs for thousands of visitors,
students, teachers, scientists, engineers, mariners, submariners and artists throughout
the State of Florida and the world. These programs illustrate the profound cultural,
economic, scientific and historical associations the people of Florida have had with the
sea and expand our awareness of the relationship with the oceans surrounding our
community.
Project construction is expected to be completed in 1999. Harbor Branch
Oceanographic has promised an extraordinary private fund commitment to help pay for
construction and program development of this word -class museum and educational
facility.
Sample letter
Ms Peyton C. Fearington, Director
Division of Cultural Affairs
Department of State
The Capitol
Tallahassee, FL 32399-0250
Subject. Letter of Support
Cultural Affairs Program
Harbor Branch Oceanographic Museum and Education Facility
Dear Ms. Fearington,
I seek your support for the above referenced grant and will seek legislative support for the
Cultural Facilities Program budget during the upcoming fiscal year.
On April 11, 1997, Harbor Branch Oceanographic Institution, Inc. will have submitted an
application for Cultural Facilities Program grant funding to the Florida Arts Council Division
of Cultural Affairs on behalf of the Harbor Branch Oceanographic Museum and Educational
facility located in Fort Pierce, Florida. The requested grant funding for Phase One is for the
expansion of the existing Visitor Center and construction of museum display buildings,
research submersible and underwater vehicle exhibits, archive storage, video theater, lecture
and workshop classrooms, photo gallery and restrooms.
The Harbor Branch Oceanographic Museum and Educational facility will anchor expanding
educational, cultural and scientific outreach programs for thousands of visitors, students,
teachers, scientists and artists throughout the State of Florida. These programs illustrate the
profound cultural, economic, scientific and historical associations the people of Florida have
had with the sea and expand our awareness of the relationship with the oceans surrounding
our community.
Project construction is expected to be completed by 1999. Harbor Branch has promised an
extraordinary private fund commitment to help pay for design, construction and program
development of this world-class museum and educational facility.
Thank you for your continued efforts on behalf of cultural, scientific and arts education.
you have any questions, please feel free to call at
Sincerely,
Chairman Eggert offered support for this program on behalf of
whole Board and CONSENSUS was reached that Chairman Eggert would
write a letter in support of the grant application.
BOOK FACE 61
APRIL 1, 1997 55
BOOK IUI PAGE 62
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of
the Emergency Services District Meeting, the Board would reconvene
as the Board of Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:39 a.m.
ATTEST:
C;2x-, ' t���D
J. . Barton, Clerk
Minutes Approved: 4 - v - r)- `9 %
APRIL 19 1997 56
ZdA,d� )e, Z14,t
Caroly K. Egge Chairman