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HomeMy WebLinkAbout5/20/1997MINUTE OKMACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, MAY 20,1997 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 2. INVOCATION Rev. Randy Williams Treasure Coast Assembly of God 3. PLEDGE OF ALLEGIANCE - James E. Chandler 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Item 11-E, Solid Waste Bond", Soria 1988, PayOff 18,270,000, will Also be heard as Item 14-B by the solid Wute Disposal Diettiet Board 2 Add Item 13-61, FACo Legislative Briefing 3. Add Item 13-62, Report regarding Article V Legislation, Court Funding, 4. Add Item MA 3. Economic Development Program Committee and District proposed by Tcasure Coast Regional Planning Coma S. Add Item 13-A-4. Announcement regarding claim" review hearing 6. Move Item 11-G-3 to Item 9-B, Country Club Pointe Subdivision request for County to dredge boat canals. 7. Add Item 13 -D -Z Vao Beach Etwes, discwsion regarding ability to bum scows. S. Add Item 10, Report regarding search for new Wines Director. 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation Designating May 25-31, 1997 as American Home Week in I.R.C. 1 6. APPROVAL OF MINUTES -None 7. - -CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1. R C. Hosp. Dist. Notice of Special Meeting to Review Funding Requests Re: `97-98 Budget - Wed., May 14, 1997 - 5:30 p.m.; IRC Hosp. Dist. Notice of Regular Monthly Meeting - Thurs., May 15, 1997 at 6:15Am. B. Approval of Warrants (memorandum dated May 8, 1997) 2-10 C. Appointment to the Tourist Development Council (memorandum dated May 13, 1997) 11-12 D. Miscellaneous Budget Amendment #024 (memorandum dated May 14, 1997) 3-19 i 1' 7. CONSENT AGENDA (cont'd.): PAGES E. Computer Equipment for Economic Development (memorandum dated May 14, 1997) 20-21 F. Request for Floodplain Cut and Fill Balance Waiver for Lot 6, Block 19, Vero Lake Est., Unit 4 (memorandum dated May 6, 1997) 22-25 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS Proposed LDR Amendment: Modifying Buffer Requirements Between New Resi- dential Projects and Active Agricultural Operations (memorandum dated May 14, 1997) 2. Paving & Drainage Improvements to 60th Ave. So. of 45th St. in Ponderosa Est. S/D (memorandum dated April 22, 1997) 3. Paving & Drainage Improvements to 101 st Ave. Between 79th St. & 87th St. in Vero Lake Estates S/D (memorandum dated April 24, 1997) B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Communily Development Consideration of Proposed Changes to the Jungle Trail Enhancement Project (memorandum dated May 14, 1997) 2. Request for Authorization to Submit Trans- portation Enhancement Project Application (memorandum dated May 13, 1997) 3. Request for County Acceptance or Road R -O -W and Conservation Land from Lost Tree Village Corp. as Partial Mitigation for Development of Two Single -Family Residences on Wabasso Island (memorandum dated May 12, 1997) 26-61 62-71 72-94 95-104 105-109 110-115 4. Review of Proposed Special Credit Requirements for Habitat for Humanity Assisted SHIP Appli- cants and Community Development Block Grant Assisted SHIP Applicants (memorandum dated May 13, 1997) 116-119 11. DEPARTMENTALA� '.RS (cont'd.): NKM PAGES B. Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget Pay Off $8,240,000 Solid Waste Bonds, Series 1988 (memorandum dated May 14, 1997) 120-121 F. Personnel Board's Request for Additional Information in Regards to Out -of -State Health Benefit (memorandum dated May 12, 1997) 122-124 G. Public Works 1. 26th St. Improvements Between 58th Ave. and 66th Ave. Change Order No. 2 - Final Payment & Release of Retainage (memorandum dated May 9, 1997) 125-128 2. Rockridge Subdivision / 16th St. Drainage Improvements (memorandum dated May 9, 1997) 129-156 3. Request for County to Dredge Boat Canals Country Club Pointe Subdivision - Richard Bogosian, Representative (memorandum dated May 14, 1997) 157-165 4. Revision to I.R.C. Procurement Policies and Procedures for Community Development Block Grant Project (memorandum dated May 14, 1997) 166-201 H. Utilities 1. Proposed Developers Agreement with First Baptist Church of Winter Beach, Florida (memorandum dated March 31, 1997) 202-206 2. US 1 Water Main - East Side (39th St. to Harbor Drive) - Preliminary Assessment - Resolutions I and II (memorandum dated May 9, 1997) 207-215 3. So. Co. Regional Wastewater Treatment Facility - 2.0 MGD Expansion Construction Bid Award #4039 (memorandum dated May 12, 1997) 216-230 4. So. Co. Wastewater Treatment Plant Expansion to 2.0 MGD - Addendum No. 3 Additional Services Contract w/ Camp Dresser and McKee, Inc. (memorandum dated May 8, 1997) 231-242 12. COUNTY ATTORNEY `'' " ' `' PAGES Offer of Judgment - Blake -Torres Litigation (memorandum dated May 13, 1997) 24J 13. COMMISSIONERS ITEMS A. Chairman Carolyn K. Eggert B. Vice Chairman John W. Tinoin t C. Commissioner Fran B. Adams Memorial to Deceased Employees 244 a D. Commissioner Caroline D. Ginn Discussion of Consent Agenda and Workshop Policies (no backup provided) E. Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None , B. Solid Waste Disposal District None 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 it meeting. !fleeting broadcast lire on TCI Cable Channel 13 - rebroadcast S: 00 p.m. Thursday through S: 00 p. m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening � � r m INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS MAY 20,1997 1. CALL TO ORDER H..N..........N...............NNNN..N..N.N......N....NNNNN.....N....N..............1 2. INVOCATION N......N...............................................N..........N.NH«NH....N.N........N........1 3. PLEDGE OF ALLEGIANCE ............................... N..H....N.N...N.......H......... .............. I 4. ADDITIONS TO THE AGENDA................................N.......NN................. .............. I 5. PROCLAMATIONS AND PRESENTATIONS .NNNH.NN.HN.H...NNH..N...NH.NN..N...N.2 PROcL"A2IoNDESIGNAnNGMAY25-31,1997ASAMEMC4NSOAM WEEK.............2 6. APPROVAL OF NIINUTES.................................. N. .... N ...... N ... ...N............................3 7. CONSENT AGENDA N ...... N ............................................ NH ...... ...NN...... .... NN ................. 3 7.A. REPORTS.................................................................................................................3 7.B. LIST OF WARRA NTs.................................................................................................3 7.0 TOURISTDEVELOPMENT COUNCIL APPOIN UFAT- SONYA DEESE...................... 9 7.D. MISC,r.LMNEOUSBUDGETAMFMmENT#024.....................................................10 7.E. ECONOMICDEVELOPMENT COMPUTER EQUIPMENT- CHAMBER OF COr.OMCE .... . . . .. ... . . ......................... . ... . . . . . . . . . . .. . . . .. . . . ...... o... ........... . . ... . .. .. ... . . . . . . . . . . .. .... . .12 7.F.,,,,, ... o,,,,,,,,,,,,,,, FLOODPLAINCVTANDFILLBALANCE WAIVER—LOT6, BLocx19, VEROLASEESTATES, UNIT4 - TOZZOLOBROTHERS CONSTRUCTION,,,,,,,,,,,,,,,,,,,,,,,,14 9.A.1. PUBLIC HEARING - LDR AMENDMENT MODIFYING BUFFER REQUIREMENTS BETWEEN NEW RESIDENTIAL PROJECTS AND ACTIVE AGRICULTURAL OPERATIONS ... .................. ......NN ....... NN ....... NN............ 15 9.A.2. PUBLIC HEARING - 607 AVENUE (SOUTH OF 45' STREET) — PONDEROSA ESTATES SUBDIVISION — PAVING AND DRAINAGE IM[PROVEM[ENT"�CC''........N..N.N.N..N....N.NN....N.....HH...NN.N.H..NN...NN.NNH..NN.N..N.N........ 28 9.A.3. IJBLIC HEARING -101s AVENUE (BETWEEN 79 ' STREET AND 87 STREET)— VERO LAKE ESTATE SUBDIVISION — PAVING AND DRAINAGE IMPROVEMENTSN.........N...........N.... N.............N............................. 38 MAY 20,1997 9.11. PUBLIC DISCUSSION - COUNTRY CLUB POINTE SUBDIVISION - RICHARD BOGOSIAN, REPRESENTATIVE -REQUEST FOR COUNTY TO DREDGE BOAT CANALS......... ............... „...N.NN...N........NN.....................N....... 59 10. S DIRECTOR - SEARCH UPDATE 63 11.A.1. JUNGLE TRAIL ENHANCEMENT PROJECT.„„......................N............. 64 11.A.2. TRANSPORTATION ENHANCEMENT PROJECT APPLICATION - AUTHORIZATION TO SUBMIT.......H.NN.....N..N........................N 69 11.A.3. LOST TREE VILLAGE CORP. - ROAD RIGHT-OF-WAY AND CONSERVATION LAND AS PARTIAL MITIGATION FOR DEVELOPMENT OF TWO SINGLE-FAMILY RESIDENCES - WABASSO ISLAND......N„HNNN...„.H.„.NN....„HH.H.„„H.H.N....„.H...NNN........„NN„........HH................. 72 11.A.4. HABITAT FOR HUMANITY ASSISTED SHIP APPLICANTS AND COADIUNITY DEVELOPMENT BLOCK GRANT ASSISTED SHIP APPLICANTS - PROPOSED SPECIAL CREDIT REQUIREMENTS .................„. 74 11.E. SOLID WASTE $8,240,000 BONDS, SERIES 1988 - PAYOFF...........„........ 78 11.F. OUT-OF-STATE HEALTH BENEFITS - ADDITIONAL INFORMATION REQUESTED BY THE BOARD..H................H....H.......................... 79 11.G.1. 46' STREET IMPROVEMENTS (BETWEEN 58' AVENUE AND 66 AVENUE) - CHANGE ORDER #2 - FINAL PAYMENT & RELEASE OF RETAINAGE - RANGER CONSTRUCTION ------------ -------- ----------- 82 11.G.2. ROCKRIDGE SUBDIVISION -16' STREET - DRAINAGE I PPROVEMENTS - DAMES & MOORE - FL DOT..„N... N.....NNN..HN.NHH.............. 83 11.G.3. COUNTRY CLUB POINTE SUBDIVISION - RICHARD BOGOSIAN BbAT C NA S ATIVE - REQUEST FOR COUNTY TO . N. . H....„.................................. H.„............................................ 85 11.G.4. PROCUREMENT POLICIES AND PROCEDURES - REVISIONS - COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT ............. „.„........ 85 11.H.1. FIRST BAPTIST CHURCH OF WINTER BEACH - DEVELOPER'S AGREEMENT ------------------------------ --------------- 86 11.H.2. US#1 WATER MAIN - EAST SIDE (397' STREET TO HARBOR D---)„.„......„N..„...N„.HH...N.N„H..N.H..N...N.H..H„.HN.N....H..N„N.„.N...N„„.N.N.„..H.NM.N.H. 87 11.H.3. SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACIMY - 2.0 MGD EXPANSION CONSTRUCTION - BID #4039 - WHARTONSMITH...NH.N.N.NN..............................................N...N.......„........................... 96 11.11.4. SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION TO 2.0 MGD - ADDENDUM NO.3 - CAMP DRESSER AND MCKEE, INC..N.N...H......).H.N..N........N...N..H......NN.......N........1N.HHNN...NH....NH..H.H.HH..... 98 12. BLAIN-TORRES LITIGATION - OFFER OF JUDGMENT....„„ ................. 99 MAY 20, 1997 13.A.1. FACO LEGISLATIVE BRIEFING .............N..N...N...NNNN . ............N........ 100 13.A.2. REPORT REGARDING ARTICLE V LEGISLATION - COURT FUNDING - HOUSE BILL 1319 NN............... NNN.N....NN.N..N..........NN.... .N.NN.N...N.N..N 13.A.3. ECONOMIC DEVELOPMENT PROGRAM CONIlVIPI'rEE AND DISTRICT - TREASURE COAST REGIONAL PLANNING COUNCIL . .. . ...... 102 13.A.4. ANNOUNCEMENT REGARDING CLAIMS REVIEW ,,,,,....... ...,,.,,,,,103 13.C. MEMORIAL TO DECEASED EMPLOYEES ......... ......... NN..N.N...... ..N....... 103 13.D.1. CONSENT AGENDA AND WORKSHOP POLICIES DISCUSSIONNN.NN.NNNNNN..N..NN.N..N.N.....N..NNNNN.N.......N.......................NN.......NNN. 104 13.11.2. VERO BEACH ESTATES - DISCUSSION REGARDING ABILITY TO BUILD STATUS N.N..N........ ......... N .............. ........---.....v..-....�..------------- ---------------------- 105 SOLID WASTE DISPOSAL DISTRICT ....................................... ..N ...... N.N.............. 108 MAY 20, 1997 M M M May 20, 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, May 20, 1997, at 9:00 am. Present were Carolyn K. Eggert, Chairman; Fran B. Adams; Kenneth R Macht; and Caroline D. Ginn. John W. Tippin, Vice Chairman was absent due to illness. Also present were James E. Chandler, County Administrator, Charles P. Vitunac, County Attorney, and Patricia "PJ" Jones, Deputy Clerk 1. CALL TO ORDER Chairman Eggert called the meeting to order. 2. INVOCATION Reverend Randy Williams of Treasure Coast Assembly of God gave the Invocation, 3. PLEDGE OF ALLEGIANCE County Administrator James Chandler led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Eggert requested six changes to today's Agenda: 1. Item 11 E, Solid Waste Bonds, Series 1988, PayOff $8,240,000, will also be heard as Item 14-B by the Solid Waste Disposal District Board. 2. Add Item 13-A-1, FACo Legislative Briefing. 3. Add Item 13-A-2, Report regarding Article V Legislation, Court Funding. 4. Add Item 13-A-3, Economic Development Program Committee and District proposed by Treasure Coast Regional Planning Council. MAY 20, 1997 Tm J , r,� * . . nA 5. Add Item 13-A-4, Announcement regarding claims review hearing. 6. Move Item 11-G-3 to Item 9-B, County Club Pointe Subdivision request for County to dredge boat canals. Commissioner Ginn requested the addition of Item 13-D-2, Vero Beach Estates, discussion regarding ability to build status. County Administrator James Chandler requested the addition of Item 10, report regarding search for new Utilities Director. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Tippin being absent) made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS PROCLAMATIONDESIGNATINGMAY25 31,1997ASAMERICANHOME WEEK Chairman Eggert presented the following Proclamation to Peter Annfield: PROCLAMATION WHEREAS, Americans enjoy the freedom to own private property and the right to use or transfer it as they see fit: and WHEREAS, with this ownership comes the need to protect our private property rights: and WHEREAS, with these rights often comes the desire to improve property - whether homes, farms, shopping centers, industrial parks or office buildings - and by so doing, enhance the value of such property; and WHEREAS, the citizens of Indian River County should be mindful of this value, not only in a monetary sense, but in the sense of the inherent worth of property as it pertains to the enjoyment of life locally; and WHEREAS, each year REALTORS - members of the local REALTORS Association- call attention to the importance of private property rights by celebrating AMERICAN HOME WEEK; and WHEREAS, this month the REALTORS Association of Indian River County will emphasize the value of home ownership and other property ownership within the community; and WHEREAS, the strength of our nation flows from the promise of individual equality and freedom of choice; and WHEREAS, we must, as individuals and as a people, take a stand to make equal opportunity for all, including equal opportunity in housing, a reality in our community; and WHEREAS, barriers that diminish private property rights and limit the options of any citizens will ultimately diminish the rights and limit the options of all: MAY 209 1997 IN NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of May 25 - 31, 1997 be designated as AMERICAN HOME WEEK in Indian River County, and the Board reminds the citizens of this county of their freedom to own private property, the importance to protect the rights that accompany this ownership and their awareness of the value of improving such property. Dated this 20 day of May, 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn K. ggert, Cha' Peter Armfield thanked the Board on behalf of the Realtors Association and announced they would be hosting a Landlord -Tenant Seminar during the next week. Mr. Armfield invited the public to call for more information 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA Chairman Eggert requested that Item 7-C be pulled for discussion, and Commissioner Adams requested that Item 7-E be pulled for discussion. 7.A. REMRTS Received and placed on file in the office of the Clerk to the Board: 1. Indian River County Hospital District Notice of Special Meeting to Review Funding Requests Re: 1997-98 Budget, Wednesday, May 14, 1997 at 5:30 p.m. 2. Indian River County Hospital District Notice of Regular Monthly Meeting, Thursday, May 15, 1997 at 6:15 p.m. 7.A LIST OF WARRANTS The Board reviewed a Memorandum of May 8, 1997: MAY 20, 1997 'i 4 n 67) 3 UL TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MAY 8, 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 April 30 to May 8. 1997. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously approved the list of Wan -ants as issued by the Clerk to the Board for the period from April 30, 1997 through May 8, 1997, as recommended by staff. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0018392 FRANK HULBERT ROOFING 4/30/97 2,250.00 0018393 INDIAN RIVER COUNTY 4/30/97 100.00 0018394 BARTON, JEFFREY K _CLERK 4/30/97 240.00 0018395 BARTON, JEFFREY K -CLERK 4/30/97 255.00 0018396 AETNA LIFE INSURANCE AND 5/01/97 906.90 0018397 FLORIDA RETIREMENT SYSTEM 5/01/97 329,181.20 0018398 KRUCZKIEWICZ, LORIANE 5/01/97 138.50 0018399 BREVARD COUNTY CLERK OF THE 5/01/97 166.79 0018400 ORANGE COUNTY CLERK OF THE 5/01/97 135.20 0018401 ST LUCIE COUNTY CLERK OF THE 5/01/97 541.75 0018402 VELASQUEZ, MERIDA 5/01/97 200.00 0018403 INDIAN RIVER COUNTY CLERK OF 5/01/97 2,979.08 0018404 INTERNAL REVENUE SERVICE- 5/01/97 175.00 0018405 VERO BEACH FIREFIGHTERS ASSOC. 5/01/97 1,992.00 0018406 INDIAN RIVER FEDERAL CREDIT 5/01/97 87,240.63 0018407 AMERICAN DENTAL PLAN (FLORIDA) 5/01/97 2,046.60 0018408 COLONIAL LIFE & ACCIDENT 5/01/97 257.69 0018409 AMERICAN FAMILY LIFE ASSURANCE 5/01/97 232.96 0018410 NACO/SOUTHEAST 5/01/97 3,226.04 0018411 KEY TRUST COMPANY OF FLORIDA 5/01/97 989.18 0018412 JACKSON COUNTY CLERK OF THE 5/01/97 124.80 0018413 DOUGLAS COUNTY -CLERK OF COURT 5/01/97 23.08 0018414 TRANSOUTH_FINANCIAL CORP 5/01/97 155.72 0018415 AMERICAN FAMILY LIFE ASSURANCE 5/01/97 21.50 0018416 INDIAN RIVER COUNTY COMMUNITY 5/01/97 40.00 0018417 INDIAN RIVER COUNTY COMMUNITY 5/01/97 1,548.00 0018418 KING, RICHARD D 5/02/97 3,680.00 0018419 CAMPBELL, DAN 5/02/97 682.82 0018420 FRANK HULBERT ROOFING 5/05/97 2,500.00 0018421 BARTON, JEFFREY K _CLERK 5/05/97 15.00 0018422 HUNTER, SAMUAL A AND AUDREY B 5/05/97 16,658.40 0018423 POSTMASTER 5/05/97 2,000.00 0018424 BARTON, JEFFREY K -CLERK 5/05/97 418.85 0018425 BARTON, JEFFREY K, CLERK 5/05/97 191.10 0018426 TRANS GENERAL LIFE INSURANCE 5/06/97 3,196.20 0018427 IRC EMPLOYEE HEALTH INSURANCE_ 5/06/97 6,625.00 0018428 INDIAN RIVER COUNTY BOARD OF 5/06/97 11150.00 MAY 209 1997 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0222066 AERO PRODUCTS CORP 5/08/97 562.92 0222067 ALPHA ACE HARDWARE 5/08/97 12.48 0222068 AMERICAN WATER WORKS 5/08/97 150.00 0222069 ACTION ANSWERING SERVICE 5/08/97 246.80 0222070 APPLE MACHINERY & SUPPLY 5/08/97 587.12 0222071 ATLAS PEN & PENCIL CORP 5/08/97 312.81 0222072 AUTO SUPPLY CO OF VERO BEACH, 5/08/97 1,566.96 0222073 ATLANTIC REPORTING 5/08/97 60.00 0222074 ALL VERO VACUUM 5/08/97 13.00 0222075 AQUAGENIX LAND -WATER 5/08/97 276.00 0222076 ANCESTRY, INC 5/08/97 47.90 0222077 ALL SERVICE GRAPHICS, INC 5/08/97 2,344.00 0222078 ALL RITE WATER CONDITIONING 5/08/97 93.75 0222079 ANESTHESIA OF INDIAN RIVER,INC 5/08/97 515.40 0222080 A T & T LANGUAGE LINE SERVICES 5/08/97 259.90 0222081 ALLIED MEDICAL SERVICES 5/08/97 123.25 0222082 AMERIGAS-FT PIERCE 5/08/97 487.52 0222083 ARROW MAGNOLIA INTERNATIONAL 5/08/97 451.84 0222084 ATLANTIC COASTAL TITLE CORP 5/08/97 56.00 0222085 AUMA ACTUATORS, INC 5/08/97 671.19 0222086 ALL COUNTY EQUIPMENT COMPANY 5/08/97 141.72, 0222087 ANTHONY BAIL BONDS 5/08/97 1,910.00 0222088 ALLEN, CHERI 5/08/97 121.13 0222089 AUTO PARTS OF VERO, INC 5/08/97 683.01 0222090 ARAMARK UNIFORM SERVICES 5/08/97 71125.30 0222091 AT&T 5/08/97 .77 0222092 AT&T WIRELESS SERVICES 5/08/97 392.00 0222093 ARTS & CRAFTS 5/08/97 20.00 0222094 ARCH PAGING 5/08/97 538.60 0222095 AMJ EQUIPMENT CORP 5/08/97 287.70 0222096 BAKER & TAYLOR, INC 5/08/97 1,851.51 0222097 BAKER BROTHERS, INC 5/08/97 68.02 0222098 BOARD OF COUNTY COMMISSIONERS 5/08/97 2,064.35 0222099 BERNAN ASSOCIATES 5/08/97 40.00 0222100 BETTER BUSINESS FORMS, INC 5/08/97 924.27 0222101 BLACKHAWK QUARRY COMPANY 5/08/97 584.43 0222102 BELLSOUTH MOBILITY 5/08/97 22.78 0222103 BARTON, JEFFREY K -MERK 5/08/97 1,940.75 0222104 BERGGREN EQUIPMENT CO, INC 5/08/97 2,020.69 0222105 B & B INDUSTRIAL SUPPLY CO. 5/08/97 5,372.31 0222106 BRIDGESTONE SPORTS, INC 5/08/97 726.69 0222107 BARNETT BAIL BONDS 5/08/97 1,266.00 0222108 BAKER & TAYLOR 5/08/97 5.60 0222109 BLAIS ELECTRIC, INC 5/08/97 80.33 0222110 B & B OFFICE EQUIPMENT, INC 5/08/97 460.00 0222111 BILLING SERVICE, INC 5/08/97 168.44 0222112 BURNSED, B KEITH 5/08/97 80.68 0222113 BLAKESLEE MAINTENANCE 5/08/97 250.00 0222114 BOOKS ON TAPE 5/08/97 619.60 0222115 BAKER & TAYLOR ENTERTAINMENT 5/08/97 25.12 0222116 BELLSOUTH 5/08/97 720.40 0222117 BLUE CROSS/BLUE SHIELD OF 5/08/97 17,116.00 0222118 BET -T 5/08/97 108.71 0222119 BROWN & CALDWELL 5/08/97 1,947.96 0222120 BILINGUAL PUBLICATIONS CO 5/08/97 136.70 0222121 CAMERON & BAR.KLEY COMPANY 5/08/97 137.98 0222122 CARTER ASSOCIATES, INC 5/08/97 3,941.10 0222123 CHANDLER EQUIPMENT CO, INC 5/08/97 473.66 0222124 CHILDREN'S PRESS 5/08/97 87.98 0222125 CLEMENTS PEST CONTROL 5/08/97 19.00 0222126 COMMUNICATIONS INT'L INC 5/08/97 183.50 0222127 CONSOLIDATED ELECTRIC SUPPLY 5/08/97 27.08 0222128 COOPERS & LYBRAND, L.L.P 5/08/97 12,165.00 0222129 CORBIN, SHIRLEY E 5/08/97 231.00 0222130 CHEMSEARCH 5/08/97 249.32 0222131 CHAMBER OF COMMERCE 5/08/97 56,820.49 0222132 CAMP, DRESSER & MCKEE, INC 5/08/97 4,311.00 0222133 COASTAL FUELS MARKETING, INC 5/08/97 6,530.40 0222134 CLINIC PHARMACY 5/08/97 383.30 0222135 COPELAND, LINDA 5/08/97 108.50 0222136 CREST INFORMATION TECHNOLOGIES 5/08/97 714.00 0222137 CLINIC HOME.MEDICAL SUPPLIES 5/08/97 42.00 0222138 CITGO PETROLEUM CORP 5/08/97 1,776.52 0222139 CUSTOM CARRIAGES, INC 5/08/97 532.66 0222140 COOGAN, MAUREEN AND 5/08/97 540.20 0222141 CALL ONE, INC 5/08/97 2,624.73 0222142 CARLSEN, ERIK M 5/08/97 440.00 0222143 CENTRAL FLORIDA LIBRARY 5/08/97 50.00 0222144 COASTAL REHABILITATION, INC 5/08/97 135.46 0222145 COASTAL AUTO EQUIPMENT 5/08/97 0222146 C4 IMAGING SYSTEMS, INC 5/08/97 211.83 0222147 CLIFFORD, MIKE 5/08/97 28.17 0222148 CORNERSTONE SELECT HOMES/ 5/08/97 100.00 0222149 CALHOUN, TARA 5/08/97 15,770.25 0222150 CIT GROUP/COMMERCIAL SERVICES, 5/08/97 47.50 0222151 CENTRAL & SUPPLY INC 5/08/97 746.67 -PUMP _ 21.21 MAY 209 1997 MAY 209 1997 C CHECK NAME CHECK �- CHECK Cuv .N. u NUMBER DATE AMOUNT 0222151 LUbTUM PUBLISHING SERVICES,INC 5/08/97 278.00 0222153 CANTU, MOSES 5/08/97 54.63 0222154 CENTER FOR EMOTIONAL AND 5/08/97 199.50 0222155 CH2M HILL INC 5/08/97 2,640.00 0222156 COPYCO, INC 5/08/97 350.00 0222157 CHASE MANHATTAN BANK 5/08/97 7,500.00 0222158 CRIMSCO, INC -5/08/97 96.33 0222159 CQ STAFF DIRECTORIES INC 5/08/97 89.05 0222160 CARROLL JASON 5/08/97 21.38 0222161 CLARK, ROUMELIS & ASSOCIATES 5/08/97 4,341.67 0222162 CENTRAL A/C & REFRIG SUPPLY, 5/08/97 246.93 0222163 DAILY COURIER SERVICE 5/08/97 693.00 0222164 DAVCO 5/08/97 12.81 0222165 DICKERSON FLORIDA, INC 5/08/97 1,268.42 0222166 DICKEY SCALES, INC 5/08/97 400.00 0222167 FLORIDA DEPARTMENT OF BUSINESS 5/08/97 164.03 0222168 DOCTOR'S CLINIC 5/08/97 4,845.55 0222169 DON SMITH'S PAINT STORE, INC 5/08/97 568.80 0222170 DIGGS, JEFFREY P 5/08/97 103.25 0222171 DELRAY STAKES, INC 5/08/97 330.00 0222172 DADE PAPER COMPANY 5/08/97 337.46 0222173 DOWNTOWN PRODUCE INC 5/08/97 70.55 0222174 E -Z BREW COFFEE SERVICE, INC 5/08/97 158.25 0222175 ECKERD DRUG COMPANY 5/08/97 392.46 0222176 ENVIROMETRICS, INC 5/08/97 6,611.50 0222177 EBSCO SUBSCRIPTION SERVICES 5/08/97 101.26 0222178 EAST COAST SOD 5/08/97 5,197.50 0222179 ENVIRONMENTAL LEARNING 5/08/97 24,984.00 0222180 ESRI, INC 5/08/97 5,147.96 0222181 EASTCOAST MUSIC 5/08/97 399.00 0222182 ERICSSON, INC 5/08/97 2,498.56 0222183 ELLIOTT, JEFF 5/08/97 70.00 0222184 FEDERAL EXPRESS CORP 5/08/97 88.95 0222185 FLORIDA COCA-COLA BOTTLING CO 5/08/97 612.00 0222186 F P & L 5/08/97 18,824.73 0222187 FLORIDA RIBBON & CARBON 5/08/97 952.04 0222188 FLORIDA TODAY/USA TODAY 5/08/97 54.00 0222189 FLORIDA UNEMPLOYMENT 5/08/97 972.11 0222190 FOURTH DISTRICT COURT OF 5/08/97 250.00 0222191 FLETCHER'S TV & APPLIANCE 5/08/97 430.00 0222192 FLORIDA RECREATION AND PARKS 5/08/97 55.00 0222193 FLOWERS BAKING COMPANY OF 5/08/97 127.64 0222194 FLORIDA TIRE RECYCLING, INC 5/08/97 679.80 0222195 FMC CORPORATION 5/08/97 4,440.00 0222196 FATHER & SON ELECTRONICS 5/08/97 40.00 0222197 FELSMERE, CITY OF 5/08/97 64.78 0222198 FALZONE, MATTHEW 5/08/97 33.25 0222199 FLORIDAFFINITY, INC 5/08/97 6,528.00 0222200 FALZONE, CHRISTOPHER 5/08/97 59.38 0222201 FORE COMMUNICATIONS, INC 5/08/97 127.00 0222202 FLORIDA TECH 5/08/97 26,972.20 0222203 FOOT & ANKLE ASSOC OF FLORIDA 5/08/97 17.85 0222204 FLORIDA CLASSICS LIBRARY 5/08/97 21.74 0222205 FLORIDA TOURISM ASSOCIATION 5/08/97 500.00 0222206 FIRST PRESBYTERIAN CHURCH OF 5/08/97 25.00 0222207 GATOR LUMBER COMPANY 5/08/97 40.57 0222208 GAYLORD BROTHERS, INC 5/08/97 11.10 0222209 GENEALOGICAL PUBLISHING 5/08/97 47.70 0222210 GENE'S AUTO GLASS 5/08/97 98.26 0222211 GEORGE W FOWLER CO 5/08/97 308.69 0222212 GOODKNIGHT LAWN EQUIPMENT, INC 5/08/97 7.74 0222213 GRAYBAR ELECTRIC CO, INC 5/08/97 221.70 0222214 GALLS, INC 5/08/97 439.81 0222215 GALE RESEARCH, INC 5/08/97 5/08/97 776.08 189.75 0222216 0222217 G P N GEAC COMPUTERS, INC 5/08/97 514.19 0222218 GNB TECHNOLOGIES 5/08/97 104.66 0222219 GOLD STAR OF THE TREASURE 5/08/97 1,860.00 0222220 GRANGE, PAUL 5/08/97 582.90 0222221 H W WILSON CO 5/08/97 75.00 0222222 HARRIS SANITATION, INC 5/08/97 5/08/97 604.21 563.62 0222223 0222224 HARRISON UNIFORMS HERE'S FRED GOLF CO, INC 5/08/97 31.73 0222225 HIGHSMITH, INC 5/08/97 209.95 0222226 HERITAGE BOOKS, INC 5/08/97 119.00 0222227 HILL MANUFACTURING CO. INC. 5/08/97 661.80 0222228 HIGHLANDS ANIMAL HOSPITAL 5/08/97 120.00 0222229 HEALTHSOUTH TREASURE COAST 5/08/97 421.50 0222230 HANDI PRO HOMEOWNER SERVICE 5/08/97 240.00 0222231 INDIAN RIVER ACE HARDWARE 5/08/97 562.37 0222232 INDIAN RIVER COUNTY 5/08/97 1,215.92 0222233 INDIAN RIVER MEMORIAL HOSPITAL 5/08/97 2,333.25 0222234 INGRAM 5/08/97 1,916.75 0222235 INSURANCE SERVICING & 5/08/97 1,890.00 0222236 IRVINE MECHANICAL, INC 5/08/97 583.17 0222237 INTERNATIONAL CITY_CQUNTY .--5/08/97 86.95 0222238 INDIAN RIVER ALL -FAB, INC 5/08/97 121.40 0222239 INDEECO 5/08/97 78.09 0222240 IRC EMPLOYEE HEALTH INSURANCE- 5/08/97 205,734.84 MAY 209 1997 C CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0222241 IKON OFFICE SOLUTIONS 5/08/97 368.55 0222242 INTERNATIONAL E -Z UP, INC 5/08/97 477.04 0222243 HOMELAND IRRIGATION -IRRIGATION 5/08/97 696.14 0222244 INDIAN RIVER HAND 5/08/97 58.00 0222245 J A A F CONFERENCE 5/08/97 100.00 0222246 J HERBERT CORPORATION 5/08/97 1,200.00 0222247 JUDAH, KAREN E 5/08/97 152.00 0222248 JANITORIAL DEPOT OF AMERICA 5/08/97 310.79 0222249 JEWETT ORTHOPAEDIC CLINIC 5/08/97 18.90 0222250 JOHNSON, DENISE 5/08/97 49.95 0222251 JONES CHEMICALS, INC 5/08/97 4,526.23 0222252 KEATING, ROBERT•M 5/08/97 65.00 0222253 KNIGHT & MATHIS, INC 5/08/97 160.69 0222254 KANE'S APPLIANCE SERVICE 5/08/97 175.00 0222255 KELLY TRACTOR 5/08/97 979.76 0222256 KLUCINEC, MONA 5/08/97 45.82 0222257 KIRBY AUTO_SUPPLY-- - 0222258 LUCAS WATERPROOFING CO, INC 5/08/97 135.00 0222259 . LALI$EL_HOMES- Tmr- .-. 5/08/97 50.00 0222260 LOWE'S HOME CENTERS, INC 5/08/97 237.82 0222261 L B SMITH, INC 5/08/97 2,995.31 0222262 LIGHT SOURCE BUSINESS SYSTEMS 5/08/97 340.50 0222263 LFI VERO BEACH, INC 5/08/97 662.97 0222264 LOCKS CO 5/08/97 133.96 0222265 LAMBOA ELECTRONICS INC 5/08/97 1,653.23 0222266 LUCENT TECHNOLOGIES 5/08/97 8.80 0222267 L J RUFFIN & ASSOC 5/08/97 637.82 0222268 MACMILLAN OIL COMPANY 5/08/97 15.75 0222269 MAPLE LEAF PROPERTIES 5/08/97 43,750.00 0222270 MARSHALL CAVENDISH CORP 5/08/97 466.35 0222271 MAXWELL PLUMBING, INC 5/08/97 14.40 0222272 MAXWELL & SON, INC 5/08/97 44.64 0222273 MICKLER'S FLORIDIANA, INC 5/08/97 68.22 0222274 MID COAST TIRE SERVICE, INC 5/08/97 102.95 0222275 MISCO, INC 5/08/97 106.59 0222276 MOODY TIRE, INC 5/08/97 60.00 0222277 MORRIS, DANE 5/08/97 160.44 0222278 MACMILLAN BUCHANAN INSURANCE 5/08/97 692.25 0222279 MEDICAL RECORD SERVICES, INC 5/08/97 32.47 0222280 MONROE, THEODORE 5/08/97 156.37 0222281 3M CUSTOMER SERVICE 5/08/97 1,253.00 0222282 MICHIE 5/08/97 46.53 0222283 M & R SPORTSWEAR 5/08/97 35.47 0222284 MARTIN COUNTY PETROLEUM 5/08/97 1,715.28 0222285 M C B COLLECTION SERVICES 5/08/97 18.55 0222286 MR BOB PORTABLE TOILET 5/08/97 371.00 0222287 MRI -NET, INC 5/08/97 900.00 0222288 MAIN STREET HARDWARE, INC 5/08/97 18.53 0222289 MARC INDUSTRIES 5/08/97 307.83 0222290 MANCINO, DANIELLE 5/08/97 121.13 0222291 MORRIS, AMANDA 5/08/97 14.25 0222292 MAXFLI GOLF DIVISION 5/08/97 865.90 0222293 NORTH SOUTH SUPPLY 5/08/97 50.01 0222294 NEFF MACHINERY, INC 5/08/97 162.31 0222295 N A D A APPRAISAL GUIDES 5/08/97 48.15 0222296 NORMENT INDUSTRIES, WSA INC 5/08/97 5,115.00 0222297 NATIONAL PROPANE CORP 5/08/97 93.21 0222298 NOLEN, VICKIE L 5/08/97 20.00 0222299 NELSON, SCOTT 5/08/97 4,000.00 0222300 OFFICE PRODUCTS & SERVICE 5/08/97 443.60 0222301 OFFICE PRODUCTS & SERVICE 5/08/97 387.36 0222302 OSCEOLA HOME CARE SUPPLY 5/08/97 69.95 0222303 OXFORD UNIVERSITY PRESS 5/08/97 27.31 0222304 OFFICE DEPOT, INC 5/08/97 714.60 0222305 ODYSSEY GOLF 5/08/97 149.83 0222306 OCLC FOREST PRESS 5/08/97 60.00 0222307 O'NEIL, LEE & WEST 5/08/97 19,815.66 0222308 ONE HOUR PHOTO 5/08/97 67.62 0222309 PARKS RENTAL INC 5/08/97 45.50 0222310 PEPSI -COLA BOTTLING GROUP 5/08/97 37.75 0222311 PERKINS DRUG, INC 5/08/97 25.02 0222312 PETTY CASH 5/08/97 10.50 0222313 . -PETTY. -CASH ---- -5/08/97 --..._3.3,49 0222314 PHILLIPS, LINDA R 5/08/97 294.00 0222315 PIFER, INC 5/08/97 105.31 022231.6 .POSTMASTER ___-• - - _------5/QS,C97---- -- _ _ 21.00-.. 0222317 POSTMASTER 5/08/97 15,000.00 0222318- PUBLIC -DEFENDER 19TH-IUDICIAL--- 5/08/97 1,151.15 0222319 PAVCO CONSTRUCTION, INC 5/08/97 12,101.87 0222320 PORT PETROLEUM, INC --- 5/08/97-- - - 655.67 0222321 PRESS JOURNAL 5/08/97 455.29 0222322 POSTMASTER-- ----- --- - - 5/08/97 - 128.00 0222323 P C CONNECTION 5/08/97 200.86 0222324 PANGBURN, TERRI - - 5/08/97 30.00 0222325 PERSONAL HEALTH DEVELOPMENT 5/08/97 32.00 MAY 209 1997 y MAY 20, 1997 CHECK NAME . __ - «- - ----- -CHECK-- -- -- - -- -- CHECTC NUM33ER DATE AMOUNT 0222326 PALM 13r;ALm -SOIL '&-WATER- -_-__ ---5/08r57` --- 56.00 0222327 QUALITY BOOKS, INC 5/08/97 52.07 0222328 RELIABLE SEPTIC• SERVICES-"'_._- -'-5/08j97-- 2,850.00 0222329 RIFKIN, SHELDON H PHD 5/08/97 500.00 0222330 ROSELAND VOLUNTEER FIRE -DEPT 5/08/97 13.00 0222331 RUSSELL CONCRETE, INC_ 5/08/97 140.00 0222332 REEBOK INTERNATIONAL, LTD --- - SM/57 - 56-00 0222333 RAY PACE'S WASTE EQUIBMENT,INC 5/08/97-_ 546.56 0222334 REED REFERENCE PUBLISHING CO 5/08/97 224.65 0222335 RECORDED BOOKS 5/08/97 5.95 0222336 R & G SOD FARMS 5/08/97 65.00 0222337 RUBBER STAMP EXPRESS '-- `- ".�z.•_ _.-.._-5 j08797 - 68.05 0222338 RISSMAN,_WEISBERG,_BARRETT,_-.__ 5/08/97_ 860.85 0222339 ROSE, ROBERTA S, MD 0222340._ REISL= ART_ 5/08/97 210.00 0222341 ROVELLA, MICHAEL 5/08/97 ,._._ 5/08/97 6.00 23.75 0222342 SAFETY KLEEN CORP 5/08/97 151.50 0222343 SCHOPP, BARBARA G5/08/97 178.50 0222344 SCOTTY'S, INC - _ - 0222345 SEARS 5/08/97 4,543.58 0222346 SEBASTIAN BUSINESS SUPPLY, INC 5/08/97_ __- 5/08/97 614.69 67.46 0222347 _.SEBASTIAN VOLU E ZEE DEPT _. 5/Q 97 43,Q(Z 0222348 SEWELt HARDWARE CO, -INC 5/08/97 - 80.82 0222349. SUFrs. OTT, �c�MpEtw --- 0222350 SHERWIN-WILLIAMS _. 5/08/92- 5/08/97 -- 2D 0222351 SOUTHERN CULVERT 5/08/97. 697.00 0222352 SOUTHERN EAGLE DISTRIBUTING, 5/08/97 934.20 0222353. SOUTHERN ELECTRIC SUPPLY 5/08/97 - 863.90 0222354 SOUTHERN TRUCK EQUIPMENT 5/08/97 288.92 0222355 ST LUCIE BATTERY & TI -RE; INC-- 5/08/97 16.74 0222356 STURGIS LUMBER & PLYWOOD CO 5/08/97 319.80 0222357 SUN COAST CLEANING SUPPLIES, 5/08/97 83.80 0222358 SUNCOAST WELDING SUPPLIES, INC 5/08/97 404.66 0222359 SUNSHINE PHYSICAL THERAPY 5/08/97 15.00 0222360 S R SCHOLARLY RESOURCES, INC 5/08/97 140.74 0222361 STEIL, HOLLY 0222362 SIMON & SCHUSTER CONSUMER 5/08/97 5/08/97 65.25 0222363 SOUTHERN JANITOR SUPPLY 5/08/97 49.38 516.52 0222364 SAFETY EQUIP COMPANY 5/08/97 1,534.00 0222365 SOUTHERN SEWER EQUIPMENT SALES 5/08/97 119.44 0222366 SUBSTANCE ABUSE COUNCIL 0222367 SUN BELT MEDICAL SUPPLY, 5/08/97 7,221.07 INC 0222368 SOLINET 5/08/97 5/08/97 410.80 429.16 022'2= -SUPERIOR PRTN ­-- 5/08/976'732,.40 0222370 SMITH, DEBBIE 30.00 0222371 SYSCO FOOD SERVICE -5L8/97 5/08/97 - _ _ 1,094.63 0222372 _STEWTJNpUS,TRIES._._ �__-5/08/37..._ 0222373 SIMS, MATTHEW - _ _-1,_031_42_ 0222374 STM COMPANY/SAVE_THE MOMENT_ 5/08/97 5/08/97 - 175.45 45-_00 0222375 ST JOHNS RIVER WATER MGMT DIST 5/08/97 11500.00 0222376 SKALA, ERIC 5/08/97 100.00 0222377 SEBASTIAN RIVER AREA CHAMBER 5/08/97 640.00 0222378 SOUTHERN -SECURITY SYSTEMS OF - - 5/08/9--7 -- 923.00 0222379 SUB ROSA INVESTIGATIONS 5/08/97 478.22 0222380 STAPLES OFFICE SUPPLY 5/08/97 - 176.32 0222381 SEIFER, RONALD MD 5/08/97 71.00 0222382 TITLEIST-DRAWER-e9- -------- -•-5/08/97 1,189.92 0222383 TRODGLEN PAVING, INC 5/08/97 3,912.99 0222384 TREASURE COAST REFUSE CORP 5/08/97 - 30,954.64 0222385 TEXACO REFINING AND 5/08/97 546.65 0222386 TAW POWER SYSTEMS -" -- 5/08/97- 956.00 0222387 TRANS -GENERAL LIFE INSURANCE 5/08/97 5,422.64 0222388 SMIM TERRY -Z ' - -. - '_ __ -_ 0222389 UNIVERSITY PRESS OF FLA = 5%08'97 __. __..._- ___-- 20788 0222390 UNIVERSITY OF c'LSF21D-) - 5/08/97 5/08/97----_ - -" 42.60 130.00 0222391 U S FILTER DISTRIBUTION,INC 5/08/97 8,129.75 0222392 VELDE FORD, INC --- 5/08/97 -- -1,814.44 0222393 VERO BEACH VOLUNTEER FIRE 4.00 0222394 VERO BEACH, CITY'OF - - _SLge/97 .-_ 5/08/97 7,850.96 0222395 VERO_CfiEMICAL...DIST.UBUTORS, INC .5/0.8/97 412.02 _y- 0222396 VERO LAKE ESTATES FIRE _ 5/08/97 _ 45.00 0222397 VERO LAWNMQYER_CBNTER, IiC-__-..-_ S/OS/97 455.44.__. 0222398 VETROL DATA SYSTEMS, INC _ 5/08/97 561.50 0222399 VERO BEARING & BOLT 5/08/9.7 108.90 0222400 VERO ORTHOPAEDICS 5/08/97 24.00 0222401. -a S-"DARLEY--&--CO --•-•- --- -- -4/.08/9-7- - ---- ---. 2, 040.00 0222402 WADSWORTH, DENNIS 5/08/97 26.16 0222403...-WOLS IgF ,__SXjpj.gy-•- 5T88¢87 ---- 35.61 0222404 WOODYrS PAPER & PRINT 0222405-- -W - W-GRA!-N6E; _ 5/08/97 440.18 0222406 WILLHOFF, PATSY T 5/08/97 -- 175.54. .__. 130.00 0222407 WM THIES & SONS, INC 0222408 WEF MEMBERSHIP RENEWAL 5/08/97 5/08/97 295.90 0222409 WHEELER PUBLISHING, INC 5/08/97 92.00 146.12 0222410 WILKES, TALI 0222411 YAVORSKY,S TRUCK SERVICE,INC 5/08/97 5/08/97 37.50 0222412 ZIMMERMANN, KARL 5/08/97 715.09 101.70 0222413 ZEPHYRHILLS SPRING WATER CO 5/08/97 9.50 0222414 WHITE, WAYNE J. 5/08/97 1,325.91 MAY 20, 1997 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0222415 ELKINS, HOLLY 5/08/97 163.27 0222416 REED, JAMES & LOIS 5/08/97 24.05 0222417 PICKERING, MR & MRS WARREN 5/08/97 53.75 0222416 ROSE, MATT & MISTY 5/08/97 52.57 0222419 STEVENS, DEIDRA 5/08/97 59.65 0222420 BARTHOLOMEW_ JR, ._LYLE .E 5./OB/_9.7 .. _. 52.55 0222421 SPRINGER ,DEBORAH 5/08/97 54.75 0222422 PRESCOTT, RAY &.SANDRA 5 /08/97 52.57 0222423 STANSEL, CRESTIAL 5/08/97 58.16 0222424 COKER, HOLLY 5/08/97 55.62 0222425 LEE, JIN K 5/08/97 55.61 0222426 ESKEW, PEGGY 5/08/97 52.58 0222427 ANDERSSON, NILS J 5/08/97 52.54 0222428 SIRAVO, CATHERINE 5/08/97 52.56 0222429 BEDNARIK, JAMES 5/08/97 52.58 1,229,219.62 7C T0UxSTDfWL0PMENT COUNCILAPPOINTMENT— SONYA DEF4E The Board reviewed a Memorandum of May 13, 1997: To: Board of County Commissioners From: Commissioner John W. Tippin Date: May 13, 1997 Re: Appointment to the Tourist Development Council Please approve the appointment of Sonya Deese, the general manager of Disney's Vero Beach Resort, to the Tourist Development Council. She will be replacing Jacque Steer, who has not as yet submitted his resignation. Her resume is attached. Chairman Eggert announced that Jacque Steer will remain on the Council and that Sonya Deese will actually be replacing Kevin Crowe. MAY 20, 1997 6C`i�; �n� - • ; ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously appointed Sonya Deese to the Tourist Development Council to replace Kevin Crowe. 7.D. MISr'FMAArEOVSBUDGETAMENDMENT#024 The Board reviewed a Memorandum ofMay 14, 1997: TO: Members of the Board of County Commissioners DATE: May 14, 1997 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 024 CONSENT AGENDA FROM: Joseph A Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. (Memo attached from Personnel Director, Ron Baker) 2. At the April 22, 1997 BCC meeting, the Board approved a request for funding for fireworks for the Indian River County Firefighters and the Sebastian Fourth of July fireworks. The attached entry appropriates the funds. 3. Postage and printing expenses are anticipated to be greater than budgeted for the Building Dept. The additional costs should be covered by higher than estimated permit revenues. The attached entry appropriates the revised revenue estimate. 4. Electric charges under the single street lighting district are estimated to exceed budget. The attached entry appropriates additional revenues to cover this increase. 5. Insurance claims are estimated to exceed budget. The attached entry appropriates additional revenues to cover this increase. 6. At the April 8, 1997 and May 13, 1997 BCC meetings, the Board approved increases to the Sheriff's budget for Broward County inmate revenues for the months of March and April, respectively. The attached entry appropriates the revenues. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 024. MAY 20, 1997 10 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously approved Miscellaneous Budget Amendment #024, as recommended by staff. TO: Members of the Board BUDGET AMENDMENT: 024 of County Commissioners FROM: Joseph A. Baird OMB Director J DATE: May 14. 1997 1 N Funds/Dcpartment/Account Name Account Number Increase Decrease 1 EXPENSE GENERAL FUND/Recreation/ Unemployment Compensation 001-108-572-012.15 $375 $0 GI�.ERAL FUND/Clerk of Circuit Court/ Unemployment Compensation 001-300-516-012.15 $511 $0 GENERAL FUND/ Reserve for Contingency 001-199-581-099.91 $0 $886 GOLF COURSE/ Clubhouse! Unemployment Compensation 41&236-572-012.15 $88 $0 GOLF COURSE/ Clubhouse/ Cash Forward Expense 419-236-572-099.92 $0 $88 2 EXPENSE GENERAL FUND/ Recreation/ Special Events 001-10&572-041.11 $5,000 $0 GENERAL FUND/ Reserve for Contmgencq 001-199-581-099.91 $0 $5,000 3 REVENUES BUILDING DEPT/ Other Permits - County 441-000-322-040.00 $4,500 $0 EXPENSES BUILDING DEPT/ Building DeptJ Postage 441-233-524-034.21 $1,600 $0 BUILDING DEPT! Building DeptJ Outside Pig 441-233-524-034.72 $2,900 $0 4 REVENUES SINGLE STREErLIGAm_-.. Other Contributions and Donations 187-000-366-090.00 $2,400 $0 SINGLE STREETL- CYHT3/Cash Forward Rev. 187-000-389-040.00 $5,600 $0 EXPENSE SINGLE STREET LIGHTS/Electric Services 187-280-541-034.31 $8,000 $0 5 REVENUES RISK MANAGEMENT/ Insurance Charges 502-000-395-020.00 $250,000 $0 EXPENSE RISK MANAGEMENT/Worlm ComP. Claims 502-246-519-012.14 $100,000 $0 RISK MANAGEMENT/Auto Insurance Claims 502-246-519-034.51 $30,000 $0 MAY 20, 1997 11 500� 101 VAt 47 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT: 024 DATE: May 14. 1997 101 ext Entry REVENUES Number FundwDepartmcnt/Account Name Account Number Increase Demmeace RISK MANAGEMENT/ 001-000-341-052.00 $126,450 $p Genes Liability insurance Claims 502-246-519-034.53 $20,000 $p RISK MANAGEMENT/ Tangible Property 001-600-586-099.04 $169,503 $p Insurance Claims 502-246-519-034.57 $30,000 $p RISK MANAGEMENT/ Sheriff/ Workers Comp. Claims 502-600-521-012.14 $70.000 $p 6 REVENUES GENERAL FUND/Sheriff-March Broward Rev. 001-000-341-052.00 $126,540 $p GENERAL FUND/ Sheriff -April Broward Rev. 001-000-341-052.00 $126,450 $p EXPENSES GENERAL FUND/ Sheriff/ Law Enforcement 001-600-586-099.04 $169,503 $p GENERAL FUND/ Sheriff/ Detention 001-600-586-099.14 $83,487 $0 7.E. ECONOMICDEVELOPMENT COMPUTER E UIPMENT— CHAMBER OF COMMERCE The Board reviewed a Memorandum of May 14, 1997 and a letter of May 8, 1997: TO: Members of the Board Of County Commissioners DATE: May 14, 1997 SUBJECT: COMPUTER EQUIPMENT FOR ECONOMIC DEVELOMENT CONSENT AGENDA FROM: Joseph A Baird OMB Director k DESCRIPTION AND CONDPITONS Indian River County had allocated $100,000 in the 1996/97 fiscal year for the Chamber of Commerce to hire a Director of Economic Development. The Chamber recently hired a Director and would like to use some of the money that was allocated for salary to purchase two computers, printers and software at a total cost of $5,500.00. RECOMMENDATIONS Staff recommends the Board of County Commissioners approve this request. MAY 20, 1997 12 Indian River County sea Chamber of Commerce May 8. 1997 Mr. Joseph A. Baird Office of Management & Budget 1840 25th Street Vero Beach, FL 32960 Dear Joe: As you know, we now have hired a Director of Economic Development and intend to hire a support staff person during the next few weeks. In setting up the new offices we will need to purchase two computers and some updated software. I am respectfully requesting that we have permission from the County to use approximately $5,500 from the salary line item to make those purchases. Because we have had a part-time staff person until now, the salary line in the budget is under what would have been used of those funds had there been full-time employees. As of the end of March, of the $81,500 allocated in this line item only $14,400 or 17.67% of the salary funding has been used. We do not anticipate using the full amount for salaries during the remainder of this fiscal year. I have priced computers, monitors and printers which would meet our hardware needs. For total set-up we are looking in the range of $1,704 each or a total of approximately $3,408. The equipment I looked at was on sale, but something is always on sale and I feel we can stay in this general range to meet our needs. We are continuing to explore our software options and believe we can find what we need in the neighborhood of $2,000. Thank you in advance for your consideration of this request. I look forward to hearing from you soon. Sincere , y Penny er Executive irector ECONOMIC DEVELOPMENT DIVISION 1216 21st Street • P.O. Box 2947 • Vero Beach. FL 32961 • Tel 561.567.3491 • Fax 561.778.3181 http://www.ver07beach.fLus/chamber • e-mail: chamber@vero-beach.fUs Commissioner Adams questioned the capital account balance, and Budget Director Joe Baird explained that monies set aside for operating expenditures would be transferred to the capital account to set up an office for the director. Commissioner Adams was concerned about the change of direction in the use of the funds. Penny Chandler of the Chamber of Commerce stated that no computer equipment was ever purchased for these offices. The equipment currently in the office is owned by the Chamber of Commerce and the Chamber needs the use of that equipment. There are additional monies left which they would like to transfer to purchase the equipment. MAY 20, 1997 13 GOOK 10i PAGE 470 lloUr, 479 A r 101 PAG Commissioner Adams wanted to be sure that everyone understood the change in the philosophy for the use of the funds, and Chairman Eggert agreed that under these circumstances the funds should be used for this purpose. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously approved use of monies allocated for salary to purchase two computers, printers and software at a total cost of $5,500, as recommended by stafE 7.F. FLOODPLAnvCUTAND FELLBALANCE WAiyER-LoT6, BLocg19, VERoLAKE ESTATES, UNIT 4 — TOZZOLO BROTHERS CONSTRUCTION The Board reviewed a Memorandum of May 6, 1997: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and / Roger D. Cain, P.E. County Engineer FROM: David B. Cox, P.E.4&G Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 6, Block 19, Vero Lake Estates, Unit 4 REFERENCE: Project No. 97040133 DATE: May 6, 1997 CONSENT AGENDA DESCRIPTION AND CONDITIONS Tozzolo Brothers Construction 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 22.6 ft. N.G.V.D. In the attached letter from the applicant's engineer dated April 29, 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 1124 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. MAY'20, 1997 14 M 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. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously granted the cut and fill balance waiver requested to Tozaolo Brothers Construction, as recommended by staff WAIVER WILL BE ON FILE IN THE OFFICE OF THE [2:MIM-1109141-101-17,1003: 0 ►I�r 9.A.1. PUBLIC HEARING - LDR AMENDMENT MODIFYING BUFFER REQUIREMENTS BETWEEN NEW RESIDENTIAL PROJECTS AND ACTIVE AGRICULTURAL OPERATIONS MAY 20, 1997 15 6nr 101 PAGE480 P.O. Box 1268 Vero Beach, Florida 32961 562-23 Biro Proo Jourt�F COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl Hicks who on oath says that he is President of the Press -Journal daily newspaper published at Vero Beach in Indian River Cour Florida; that PYL l�l��umN G billed to. V was published in said newspaper in the issue(s) of Sworn to and subscribed before me this Anti ;.Y o A Presid( rnT..\UAR. PL3ldC, •LiLC ofF7uridaMy Comm.Expires ir C m to;E; z A::oasc 25. iia August 25.1897 z Co rG""jet*r\iPP4° No. CC31U845 Sign \ s : Q n FAL %,9...... OP\ , my r' SAS rJR� A. PRF. St (SEAL) O F F� MAY 20, 1997 16 Goer, 101 PAGE 481 NOTICE OF PUBLIC HEARING NOTICE OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRS) AMENDING THE AGRICULTURE/ RESIDENTIAL BUFFER REQUIREMENTS OF CHAPTER 911, ZONING AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATIONS, SEVERABILITY AND EFFECTIVE DATE. THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROPOSES TO ADOPT AN ORDINANCE AMENDING THE REQUIREMENTS FOR DEVELOPERS OF NEW RESIDENTIAL PROJECTS TO PROVIDE BUFFERS BETWEEN NEW RESIDENCES AND ADJACENT ACTIVE AGRICULTURAL OPERATIONS. A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON TUESDAY, MAY 20, 1997 AT 9:05 A.M. DURING A REGULAR BOARD OF COUNTY COMMISSIONERS MEETING. THE MEETING WILL BE HELD IN THE COMMISSION CHAMBERS AT 1840 25th STREET, VERO BEACH, FLORIDA. A COPY OF THE PROPOSED ORDINANCE WILL BE AVAILABLE FOR THE PUBLIC BEGINNING MAY 15, 1997 IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY ADMINISTRATION BUILDING LOCATED AT .1840 25th STREET, VERO BEACH, FLORIDA. CITIZENS SHALL HAVE AN OPPORTUNITY TO BE HEARD AT THE PUBLIC HEARING. THE PROPOSED ORDINANCE, IF ADOPTED, WOULD BE EFFECTIVE IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, AS DEPICTED ON THE LOCATION MAP SHOWN BELOW. r 4 INDIAN RIVER COUNTY— UNINCORPORATED AREA Please direct planning -related questions to the current development planning section at 567- 8000, ext. 242. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Carolyn K Eggert, Chairman "SIB The Board reviewed a Memorandum of May 14, 1997: TO: James E. Chandler County Administrator D I ON HEAD CON CE: ober M. Kea g, AI Community Develop ent D' ector FROM: Stan Boling ICP Planning Director DATE: May 14, 1997 SUBJECT: Proposed LDR Amendment: Modifying Buffer Requirements Between New Residential Projects and Active Agricultural Operations It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 20, 1997. At its meeting of March 18, 1997, the Board of County Commissioners considered a comprehensive plan amendment application that would allow development of a mobile home park adjacent to an active agricultural operation. In that case, the agricultural operation was an agricultural research facility known as the "Kerr Center for Sustainable Agriculture". In discussing this amendment, the Board expressed concern that the County's required agriculture/residential buffer was insufficient (see attachment W. The Board's concern related both to the agricultural use's impact on the proposed residential development and the proposed residential development's impact on the agricultural use. These concerns are similar to the issues which caused the Board several years ago to establish its current agriculture/residential buffer requirements. In the County's adopted comprehensive plan, exfsting agricultural uses within the urban service area are encouraged to remain. Increasingly. however, residential subdivisions are being developed adjacent to active -citrus groves which are also located within the urban service area. Generally, grove operations produce noise, odors, and pesticide/fertilizer spray, all of which may adversely affect residential developments For those reasons, people residing proximate to groves may complain about the impacts. As a result, grove owners may need to eliminate aerial spraying, limit the hours of ground spraying, relocate pumps, and reduce other impacts. Also, grove owners are more subject to pilfering and vandalism when residential development occurs nearby. In conjunction with its approval of the referenced comprehensive plan amendment, the Board directed staff to assess the County's current agriculture/residential buffer requirement and to initiate a land development regulation (LDR) amendment to increase the minimum required buffer ..idth. To address residential projects which may be submitted prior to adoption of the referenced LDR amendment, the Board invoked the pending ordinance doctrine for a 120 foot agriculture/residential setback/buffer. According to that doctrine, the proposed or pending ordinance requiring a minimum 120 foot buffer/setback for residential development projects abutting active agricultural operations will apply to all residential development project applications submitted after the date that the pending ordinance doctrine was invoked (March 18, 1997). MAY 20, 1997 17 BOOK 1-01 PAcE 002 6001( 101 The Board established the 120 foot buffer/setback based on the depth of the property for which the comprehensive plan amendment was approved. Since the referenced property had a depth of 1,320 feet, the Board considered 1,200 feet to be an adequate development distance, and 120 feet to be a sufficient setback/buffer amount. Consequently, the Board adopted 120 feet as the interim setback/buffer distance and directed staff to determine if this was appropriate. In recent years, Indian River County has transitioned from a rural area to an urban county. As one of the principal citrus producing counties in the state, however, Indian River County still has many producing groves within its urban service area. Recognizing that conflicts occur when residential projects develop adjacent to agricultural operations, the county established agriculture/ residential setback/buffer requirements several years ago. These existing regulations apply to new development. New Residential Development Adjacent to Active Agricultural Uses Existing county regulations require newly created lots in subdivisions to have either extra setbacks or special buffering between new residences and active agricultural operations. "Active agricultural operations-"- include citrus groves, orchards, field crops, and truck farming. The developer or property owner creating the new lots must provide a special separation distance or buffer between new residential dwellings and the adjacent, active agricultural operation; -as follows: - -" - 1. For projects zoned for 1 unit per acre or less, the developer/owner shall establish a 50' building (residence) setback and a Type "B" buffer with 6' opaque feature (see attachment #2). 2. For projects zoned for more than 1 unit per acre, the developer/owner shall: a. Establish a 50' building (residence) setback with no buffer required, or b. Establish a 25' buffer yard with a Type "B" buffer and 6' opaque feature (see attachment #2). These setback and buffer requirements have been applied since the late 198o's. Included among the subdivisions where these requirements were applied are "Laurel Oaks," (north boundary) and "Stonebridge" (east, south, and west boundaries). Staff has not received any complaints from residents of those subdivisions. New Agricultural Research Facilities Existing county regulations allow new agricultural research facilities only on property designated as agricultural or rural on the county's land use plan map. The developer/owner of any such new facility is required to provide: 1. A 50' setback from structures and test plots to residential Property; or 2. A 30' bufferyard with a "Type A" buffer (see attachment #3), between structures -and -test plots and residential property. Host Plant Prohibition Over the last two years, the-- County has applied to special exception use projects a policy of requiring new developments near agricultural areas to prohibit caribbean Emit fly host plants. Examples of projects where such prohibitions were required by the County are: Harvest Christian Ranch, Trails- End Planned Development, and Stonebridge North Planned Development. That Policy was recommended- -in --the- -approved- Eva-3xation--and --Appraisal Report (EAR). In the near future, that policy will be -formally adopted and incorporated --in- the--comprehensive--plan and land development regulations (LDRs). Summary Current county regulations require residential developers to provide special setbacks or -buffers between homes on new lots and adjacent active.agr-.cultural---operations._ Such requirements apply MAY 20, 1997 18 ® M regardless of zoning and with no guarantees that the agricultural operation will not be converted to residential in the near future. Also, new developments in or near agricultural areas are required to prohibit caribbean fruit fly host plants. Conversely, new agricultural research facilities are required to provide special setbacks or buffers between structures and test plots and adjacent residential property. •F rent of Au - u t a w eeddential Interface To determine the extent that active agricultural uses abut vacant tracts having residential development potential and located within the urban service area, staff reviewed aerial photographs of the county. Based on that review, staff has developed a map depicting active agricultural areas within the urban service area (attachment W. Based on that map, staff determined that the interface between agricultural and residential uses in the county is quite extensive. Although active agriculture exists throughout the Urban Service Area, it is most prevalent in the following areas (some of which are among the fastest developing areas of the county): 1. The north side of CR 510, between 66th Avenue and 90th Avenue; 2. East of US 1, from The Main Relief Canal to the Brevard County Line; 3. South of SR 60, between 43rd Avenue and 58th Avenue 4. Within the SR 60 Corridor; 5. The east side of 66th Avenue, between 26th Street and 49th Street; 6. The southwest section of the urban service area near Oslo Road and 82nd Avenue; and 7. The barrier island, north of the Town of Orchid. *o=rison with Other Counties As part of its analysis, staff surveyed three Florida counties that are similar to Indian River County to determine their setback and buffer requirements where agricultural and residential uses abut. The table below compares those three counties with each other and with Indian River County. COMPARISONS OF SETBACKS/BUFFERS WSERE AGRICULTURE AND RESIDENTIAL ABUT COUNTY ARE SPECIAL SETBACKS/BUFFERS WHICH LAND USE PROVIDES THE DESCRIPTION OF SPECIAL SETBACKS/SUFFERS REQUIRED? SETBACKS/BUFFERS MARTIN YES RESIDENTIAL 40' WIDE LANDSCAPED STRIP WITH 6' HIGH OPAQUE FENCE, WALL OR BERM. ST. NO NOT APPLICABLE NOT APPLICABLE LUCIE CITRUS YES AGRICULTURE 20' TO 50' WIDE LANDSCAPED STRIP; DEPTH DEPENDS ON DENSITY OF PLANTINGS INDIAN YES RESIDENTIAL 50' SETBACK OR 25' LANDSCAPED RIVER STRIP (TYPE B) WITH A 6' HIGH OPAQUE FEATURE As noted in the above table, only St. Lucie County does not require special treatment of the residential/agricultural border. In the other counties, the special buffer widths range from 20 feet to 50 feet wide and usually require plantings and/or an opaque feature. Citrus county was the only one of the four counties surveyed (including Indian River County) that requires the agricultural use, rather than the residential use, to provide the buffer. In terms of setback width and buffer requirements, Indian River County's current regulations appear to be more stringent than those in St. Lucie and Citrus Counties, but less stringent than Martin County's. MAY 20, 1997 19 BQO!; 101 PAGE 48 Roof, 101 FAA85 In the county's comprehensive plan, the Urban Service Area boundary identifies the urban growth limits for the plan's 20 year horizon. Generally, this boundary should provide a clear separation between urban uses and rural/agricultural uses. For various reasons, including the county's encouragement for agricultural uses within the urban service area to remain, the boundary does not provide that clear urban/rural separation. Nevertheless, there are important differences between a residential development being adjacent to an active agricultural operation within the Urban Service Area and a similar situation outside of the Urban Service Area. The first difference concerns the long-range use of the properties. Although the comprehensive plan and county LDRs recognize the economic and open space benefits of agriculture within the Urban Service Area, that land is eventually expected to be converted to urban uses,. usually -residential. The county bases its long-range planning (including planning for infrastructure, capital improvements, hurricane evacuation, and future budgets) on the assumption that such conversion of land will ult1mately occur. Because many owners of active agricultural land within the Urban Service Area eventually plan to develop that land, they often oppose additional development regulations, even when the purpose of those regulations is to protect active agricultural operations. Another difference is_ the equitable treatment of land owners. There is a question regarding to what extent the county should require a property owner. whose. property is -within the Urban Service Area to buffer his land from active agricultural uses when it is anticipated, as reflected in the comprehensive plan, that agricultural land eventually will be converted to a more compatible use. *Analysis of Imvacts As noted in the Descriptions and Conditions section of this staff report, the major adverse impacts on residential development from adjacent agricultural operations involve noise, odors, and spraying. That section also noted that residential development adversely impacts agriculture by increasing incidences of trespassing, vandalism, and caribbean fruit fly host plants. Spraying Spraying is used to apply pesticides, herbicides, and fertilizer. As long as the spray remains in the agricultural area, it does not cause incompatibilities with residential uses. When the spray drifts over residential areas, however, several problems often result. The first problem concerns the adverse impacts of the spray on the health of people that are sensitive or allergic to the spray. Another problem is that the spray drift often settles on cars in residential areas. That is a problem because chemicals in the drift sometimes-.damage_car-paint. Both aerial and ground sprayings occur in Indian River County. Aerial spraying is used for applications to extremely large areas or when a pesticide must be applied as soon as possible. Because most groves within the urban service area are too small to warrant it, aerial spraying rarely occurs within the Urban Service Area. Ground sprayings usually involve a motorized sprayer pulled through a grove by a tractor. Most groves are sprayed 1-6 times/year. Most spraying is done during daytime hours. To prevent drift, however, spraying is sometimes done during early morning or nighttime hours. Wind and rain are - less frequent, particularly during the Summer, at those hours. The distance drift can travel is affected by climate conditions, type of sprayer, and the presence of physical barriers. Ground spray drift that is observable with the naked eye can travel approximately 80 feet over an open area. Unobservable drift travels somewhat farther. Knowing that drift will cover trees at the perimeter of groves, most grove operators concentrate spraying in the interior of groves. The Florida Department of Agriculture and Consumer Services regulates spraying. To prevent drift, state law prohibits most spraying in Indian River County when the wind speed is over eight miles/hour. MAY 20, 1997 20 M Noise Noise complaints associated with agricultural r c lnirht ores n re searly related to activities taking place morning. Such activities include operating tractors and spraying. Also, irrigation pumps, which often operate 24 hours a day, generate noise complaints. When possible, agricultural operations generally try to carry out their activities during the day. Unplanned events such as freezes, storms, and pests, however, often require nighttime or early morning activity. A noise related problem with irrigation pumps relates to their location on the agricultural property. Within the urban service area, irrigation pumps are usually located along the edge of r than near the interior of the site. agricultural property, rathe The reason pumps are located near the edge of agricultural property is that the pumps must be near a source of water. In the Urban Service Area, that source is usually a drainage canal located at the edge of the property. Within residential zoning districts, county land development regulations begin to restrict noise levels at 55 decibels. Noises that are incidental to the activities of bona fide agricultural operations, however, are exempt from noise regulations. Odor offensive odors from agricultural operations can be caused by several sources. These include animals and exhaust fumes from tractors and pumps. In the Urban Service Area, however, the usual sources are fertilizer and pesticides. Consistent with chapter 386, Florida Statutes, the county's Environmental Health Department regulates odors. Trespassing and Vandalism While the actual loss of property due to vandalism on agricultural land is small, owners of agricultural land go to great expense to prevent trespassing. Because land owners are often liable for injuries occurring on their property, trespassing is considered a major problem. The Indian River County Sheriff office reports that such trespassing occurs more often near residential areas. Although fences can be expensive and difficult to maintain, installing fences reduces this problem. Fences around groves, however, also restrict the access of grove workers and grove equipment. Caribbean Fruit Fly Host Plants To sell their fruit in certain foreign countries, citrus grove owners must certify that certain conditions are met. These conditions are that no Caribbean fruit fly host plants exist within 300 feet of the grove or that special pesticides were applied to the grove. Because the special pesticides are expensive, it is often less expensive for grove operators to pay nearby land owners to remove their host plants. Although much of this staff report addresses negative impacts of agriculture on residential uses, there are several benefits to living near agricultural areas. These benefits include large areas of open and green space, increased privacy, lack of traffic congestion, and an overall increase in "peace and quiet". Additionally, the above referenced impacts do not affect everyone equally. Houses at the perimeter of residential developments are more impacted than those located near the interior of the development. Also, as mentioned above, some people are not affected by spray drift. Finally, it is important to note that impacts such as noise odor and spraying often occurbn an intermittent basis and for a short duration. MAY 20, 1997 M 016 BCGr, 10.1 PAGE 481) 21 •Alternatives 600f'101 3' Because of its land use permitting responsibilities, the county has an interest in preventing or minimizing land use incompatibilities. Additionally, the county is charged with protecting the general health and welfare of its citizens. For these reasons, the county has an interest in mitigating impacts along agricultural/ residential borders. To mitigate those impacts, staff has identified the following alternatives: • Physical Separation; • Physical Barrier; and • Restricting Agricultural Activity. Physical Separation In Indian River County, the burden ofproviding physical separation currently falls mainly on residential development. Through required setbacks and the site plan approval process, the county encourages the physical separation of residential and agricultural uses. To meet those requirements, residential developers often design living areas away from agriculture, while providing required open space and stormwater retention areas where residential development abuts agriculture. - Effectiveness Clearly, impacts on adjacent uses decrease as separation distances increase. That relationship in terms of amount of decrease in impacts per increase in separation distance, however, is difficult to quantify. Part of the reason for that is that several factors influence the decrease in impacts. Those factors include topography, climate, wind conditions, and the presence or lack of physical barriers. With respect to mitigating the impacts of agricultural activities on residential uses, there is little difference between a 25 foot and a 150 foot separation distance. Noticeable differences generally begin to occur when separation distances reach 300 feet. Overall, increasing -separation distance is m derat�ffecttve' at - mitigating the impacts of noise and spraying, but has little effect on odors. Additionally, this alternative has little effect_o._the impacts -of -residential uses on agricultural operations. - Costs Because of design and market factors, the costs of the physical separation alternative can only be estimated. This alternative, however, appears to be the most expensive, particularly when applied to single family type of development. Most of that expense is related to the loss of developable land. When the setback is increased to the approximate depth of an average lot or greater, the number of developable lots is usually reduced. The number of lots lost is related to the density of the development and to the percentage of -the --perimeter -of the development bordering active agriculture. For example, the ±46 acre Stonebridge North Subdivision, which borders active. agriculture._ on SO %- of its -.perimeter (two sides), would probably have been reduced" by' 18 lots --(from 108 to 90 ) if residences had to have been -setback 150 feet, rather than 25 feet, from active agriculture. Physical Barrier Walls, fences, berms, and plantings are all used to provide a physical barrier between residential and agricultural areas. The burden of providing the physical barrier could be imposed on either the agricultural operation, the residential project, or both. - Effectiveness Clearly, as the height, width, and density of the physical barrier increase, impacts tend to decrease. .As with separation distance, however, quantifying that relationship is difficult. With respect to mitigating the impacts of agricultural activities on residential uses, experience has shown that this alternative is usually effective at mitigating the impacts of noise, spraying, and odors. In terms of residential impacts on agricultural operations, this method can be fairly effective at reducing trespassing and vandalism. Physical barriers, however, have no mitigating effect on the impacts of caribbean fruit fly host plants. MAY 20, 1997 22 _ M M - Costs Compared to other physical barriers, plantings are less expensive. Overall, plantings are an extremely small portion of site development costs. Restricting Agricultural Activities within the Urban Service Area This alternative could include prohibiting aerial spraying, restricting the hours of aerial spraying, and regulating the location of irrigation pumps. Agricultural operations would assume the burden of providing this alternative. The justification for imposing these restrictions on agricultural uses would be that land in the Urban Service Area is intended for urban, rather than agricultural uses. A problem with this alternative involves the State of Florida's Right to Farm Act, Chapter 823.14, Florida Statutes. This provision of state law ensures that existing agricultural operations that conform to generally accepted agricultural and management practices may continue. One means of addressing this problem would be for the residential developer to pay for some or all of the additional costs incurred by the agricultural use. - Effectiveness All of the benefit of this method is received by the residential property. With respect to agricultural impacts on residential uses, this method effectively mitigates noise and spraying, and moderately mitigates odor. With respect to residential development's impact on agricultural uses, however, this method does nothing to reduce trespassing, vandalism, or caribbear. fruit fly host plants. - Costs The cost of this alternative cannot be reliably assessed, because costs depend upon site conditions. Costs could be minimal, if they relate only to enclosing a pump motor or restricting hours of spraying. In some cases, however, costs could be higher. LPIFT-, Ar -3 0 Y = T� The following matrix describes the effectiveness of various alternatives used to mitigate the referenced impacts. •Property Rights Government must carefully consider any action that may reduce the value of property. Although the argument could be made that each of the these alternatives could reduce property values, adding physical barriers is clearly the most defensible. That alternative does not actually restrict or limit the use of property. - - - While reviewing current planning literature on conflicts at agricultural/residential borders, staff determined that some jurisdictions use nuisance disclaimers. Similar to the county's existing avigation easement provisions for new residences being located near existing airports, nuisance disclaimers notify potential owners of non -agriculture property that abuts agricultural areas of possible adverse impacts associated with normal agricultural practices. Usually, nuisance disclaimers, which should be in the form of recorded easements, notify homeowners that formal nuisance complaint charges against standard MAY 202 1997 23 PHYSICAL SEPARATION PHYSICAL BARRIER RESTRICT AG. ACTIVITIES in the USA EFFECTIVENESS @ MITIGATING INEFFECTIVE USUALLY EFFECTIVE MODERATELY EFFECTIVE ODOR EFFECTIVENESS @ MITIGATING MODERATELY EFFECTIVE USUALLY EFFECTIVE VERY EFFECTIVE SPRAY EFFECTIVENESS @ MITIGATING MODERATELY EFFECTIVE USUALLY EFFECTIVE VERY EFFECTIVE NOISE EFFECTIVENESS @ MITIGATING INEFFECTIVE INEFFECTIVE INEFFECTIVE HOST PLANTS EFFECTIVENESS @ MITIGATING INEFFECTIVE MODERATELY EFFECTIVE INEFFECTIVE TRESPASSING d VANDALISM BURDEN OF MITIGATION FALLS RESIDENTIAL OR RESIDENTIAL OR AGRICULTURAL OR ON RES. OR AG. AGRICULTURE AGRICULTURAL RESIDENTIAL COST VERY EXPENSIVE INEXPENSIVE VARIABLE •Property Rights Government must carefully consider any action that may reduce the value of property. Although the argument could be made that each of the these alternatives could reduce property values, adding physical barriers is clearly the most defensible. That alternative does not actually restrict or limit the use of property. - - - While reviewing current planning literature on conflicts at agricultural/residential borders, staff determined that some jurisdictions use nuisance disclaimers. Similar to the county's existing avigation easement provisions for new residences being located near existing airports, nuisance disclaimers notify potential owners of non -agriculture property that abuts agricultural areas of possible adverse impacts associated with normal agricultural practices. Usually, nuisance disclaimers, which should be in the form of recorded easements, notify homeowners that formal nuisance complaint charges against standard MAY 202 1997 23 869r 101 PAGEX89 farming operations may not stand in court. While written disclosure does not eliminate complaints from non -agriculture residents, Lancaster County, Pennsylvania; Napa County, California; and Fremont County, Idaho all report fewer agriculture/residential conflicts after requiring some type of nuisance disclaimer. A nuisance disclaimer is an acknowledgment or the granting of a right by a property owner or newcomer resident. By executing such a disclaimer the owner of residential property acknowledges that active agricultural operations exist nearby, and that those operations may cause adverse impacts on residential property. Furthermore, by executing a nuisance disclaimer, the residential property owner reduces the likelihood of prevailing if he takes legal action to restrict the agricultural operation and that action is based on adverse impacts caused by the continuance of normal agricultural activities. As noted in the attached memorandum from the Deputy County Attorney, there is a question regarding the legality of certain types of nuisance disclaimers. In planning staff's opinion, the following nuisance disclaimer alternatives should be considered by the county in addition to a physical buffer requirement: Option 1 The developer of a residential subdivision, in the Certificate of Dedication of the plat, could be required to grant an easement over the platted property to the use and benefit of owners of adjoining agricultural operations (with a legal description of the agricultural properties benefitted). Such an easement would subject the platted property to continued noise, odor, spray drift, etc. affects from adjacent active agricultural operations. Option 2 There could be a plat note reflecting an easement recorded off plat of the same nature. Option 3 An acknowledgement could be required to be referenced in a plat note or in private covenant documents, and could also be required from residential building permit applicants. A similar type of process has been in place since 1993 in relation to new residences built in airport noise impact zones. In regard to legal concerns about nuisance disclaimers, please find attached a memo from Deputy County Attorney Will Collins (see attachment #5). As Indian River County continues to grow, land use conflicts will inevitably occur. Most troublesome are uses characterized as NIMBY's (not in my back yard) or LULU's (locally undesirable land uses). Generally, these are landfills, jails, sewage treatment plants, and other similar uses. Besides NIMBY's and LULU's, other uses can create land use conflicts. Industrial facilities or commercial establishments adjacent to single-family residential uses are examples. Even agricultural uses can be incompatible with adjacent single-family residential uses. Compared to some other incompatible land use combinations, the residential/agricultural combination is less of a problem. Unlike other land use conflicts, agricultural use impacts on adjacent residences are often less problematic in terms of extent, frequency, and duration. In fact, many agricultural impacts are seasonal and associated with infrequent activities such as grove spraying. Even more unusual is that agriculture can be an amenity for adjacent residential developments. As with most potential land use conflicts, the principal means of mitigating impacts is through a combination of setbacks and buffering/screening. Given the nature of potential agricultural impacts on adjacent residential uses, the principal issue is whether a residential developer should incur significant costs by setting aside land and planting buffers to mitigate possibly infrequent impacts from property that itself may be converted to residential use in the near future. Based upon how other local governments address the residential/agriculture issue and recognition that land use regulations cannot completely eliminate land use compatibility MAY 20, 1997 24 impacts, staff's position is that a 120 foot setback/buffer is excessive but that existing regulations may be insufficient. By providing developers with an option of providing more separation and less buffering or more buffering with less separation, existing regulations-give—developers flexibility, impose reasonable -costs, and provide at least minimum protection for residents adjacent to active agricultural operations; however, current regulations do not mandate a physical barrier, the most effective mechanism to address agricultural/residential conflicts. For that reason, modifying existing regulations to require a 25 foot setback with a Type B buffer and six foot opaque feature for new residential projects locating next to active agricultural operations would better meet all the county's objectives. PSAC & Agriculture Advisory Committee Recommendations: At its joint meeting of April 3rd, members of the PSAC and the Agriculture Advisory Committee (AAC) agreed that a buffer with trees is the most effective buffer between agricultural and residential uses. However, the committees differed on their opinion of the type of buffer that should be required— at. --the time of planting, during completion of subdivision improvements (see attachment #6). PSAC Recommendation: Require a Type "B" buffer (25' wide) with 6' opaque feature; landscaping material to be native. Agriculture Committee Recommendation: Modified (25' wide) Type "A" buffer with 6' opaque feature; landscaping material to be native. Planning and Zoning Commission Recommendation: At its April 24, 1997 meeting the Planning and Zoning Commission considered various buffer and nuisance disclaimer options (see attachment #7). Ultimately, the Planning and Zoning Commission followed staff's recommendation, unanimously voting to recommend that the Board adopt a requirement for a 25' Type "B" buffer with 6' opaque feature. Please see attached buffer type graphics which show that the Type "A" buffer is the most intense buffer type, reserved for separating the most incompatible uses where conflicts are continual rather than intermittent (e.g. industrial adjacent to single family). In staff's opinion, the Type "A" buffer is not warranted for separating agricultural and residential uses and that the Type "B" buffer is Sufficient, since such a buffer has seemed to work over the years where new projects abut active groves. Although nuisance disclaimers could possibly help an agricultural owner refute future claims from adjacent residences, it could also arouse unwarranted concerns. Therefore, staff is not recommending a nuisance disclaimer requirement. Staff recommends that the Board of County Commissioners adopt the proposed ordinance that requires a 25' Type "B" buffer with 6' opaque feature between new residential projects within the Urban Service Area and adjacent, active agricultural operations. MAY 20, 1997 25 6t70K �� PAGAOU Type A Buffer Type B Buffer 6' Opaque Feature Extra Setback Nuisance Disclaimer (min. 25' wide) (min. 25' wide) "Pending — _ _ Yes; 120' setback Ordinance" in all cases _ Existing LDRS _ Yes Yes Yes; 50' setback in lieu of buffer _ Staff _ Yes Yes Recommendation _ PSAC _ Yes Yes Yes Recommendation _ AAC Yes _ Yes Yes Recommendation _ PZC Yes_ Yes Recommendation _ MAY 20, 1997 25 6t70K �� PAGAOU Note: In the case of the "Hammond" comprehensive plan amendment and rezoning, that property was rezoned to RMH-8 (Residential Mobile Home up to 8 unitstacre). Under the existing RMH-8 district development requirements, where that site abuts the Kerr Center, a 40' wide Type "B" buffer with G opaque feature will be required. Therefore, where the Hammond and Kerr Center properties interface, the stricter RMH-8 buffer requirement will apply. Community Development Director Bob Keating explained that this revision came about due to the Hammond Comp Plan amendment involving the mobile home property with an agricultural research facility to the north The Commissioners discussed various types of buffers and the landscaping to be required. Commissioner Adams recommended extra requirements for buffers to protect the quality of agriculture in our County. Chairman Eggert wanted to know what the Commissioners thought about the nuisance disclaimer. Deputy County Attorney Will Collins advised that the Planning & Zoning Commission discussed the Florida Right to Farm Act, which protects against nuisance suits from neighbors who build after the fact and they felt it would be an unreasonable requirement. He felt that requiring private parties to go beyond the minimum requirements for zoning would be an unlawful delegation of the Board's authority to regulate zoning. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Debb Robinson, of Laurel Homes, felt she could speak on both sides of the issue as the regulations would impact her not only as a developer but also as a citrus farmer. She cited a development, Laurel Oaks, where she would have lost the entire rear line of lots with a 50 -foot buffer and felt that a 6 -foot landscape buffer or a fence would be an adequate regulation She also cited a lack of available irrigation when first developing a subdivision The existing agricultural districts in urban service areas will all eventually be residential. She asked the Board to stick with a Type B buffer and a 25 -foot setback. Robert Adair, Director of Kerr Center, stated that it is ironic that the Center works with growers in trying to mitigate nuisances and he is now in a position of trying to defend the station The noise levels on their sprayer were tested at 98 decibels from 40 feet away which is equivalent to a jackhammer. He felt that a barrier between homes and agricultural uses is a great idea due to spray MAY 20, 1997 drA noise and odor, and would recommend an increase in distance. He also felt a disclaimer would be fair to new residents who should have knowledge of surrounding operations. He believed that 25 feet is a very small area and that a landscaping buffer would take approximately 3 years to reach the required heights. Mr. Adair felt that a minimum 30 -foot Type A buffer would be appreciated for agriculture and that a 50 -foot setback sounds like a good starting point. He asked the Board to please consider protecting and ensuring the quality lifestyle which now exists in the County. Glenn Legwen, 5900 51h Street SW, American Farmland Trost, stated he had done extensive research when he first came to Indian River County and found quite a lot of agricultural property. He questioned how much agricultural land we want to maintain in Indian River County as a great deal has already been lost. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Ginn for discussion, that the Board adopt the Ordinance, requiring a 30 -foot Type A buffer with a nuisance disclaimer and a 50 -foot budding setback After general discussion, Commissioner Adams stated that she would be willing to AMEND THE MOTION to include a 30 -foot Type A buffer with a 6 -foot opaque feature and a building setback of 30 feet, with a nuisance disclaimer. MAY 20, 1997 THE AMENDED MOTION died for lack of a second. MOTION WAS MADE by Commissioner Macht, that the Board approve staff's recommendation. THE MOTION died for lack of a second. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Ginn, that the Board approve a Type A buffer with a 6 -foot opaque feature, a 40 -foot setback, and a nuisance disclaimer. ECO!( t1� 27 FACE 4���, boor, 101 PALE W MOTION FAIIM due to a tie vote (Commissioners Adams and Ginn for and Commissioner Macht and Chairman Eggert against).. Commissioner Macht felt that would be an unnecessary burden on developers. Commissioner Adams advised she would be willing to withdraw the nuisance disclaimer portion of the motion if Commissioner Ginn would agree. Staff was directed to revise the proposed amendment to include a 30 -foot Type A buffer with a 6 -foot opaque feature and a 40 -foot building setback ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously (4-0, Commissioner Tippin being absent) tabled this item until May 27, 1997. 9.A.2. PUBLIC HEARING - 66M AVENUE (SOUTH OF 45' STREET) — PONDEROSA ESTATES SUBDIVISION — PAVING AND DRAINAGE EM PROVEMENTS MAY 20, 1997 PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the underBigrwd authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press,loumal, a deity newspaper ptibl6shed at Vero Beach In Indian River County, Florida; that the attached copy of advertisem�ht being aR.tLLc. l'i CHC- c C., In the matter of — ` `-1 In the court, was pub - fished In said newspaper in the issues of (Ylej� 1 clq r Affiant further says that to said Press.lournal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River Comity, Florida, each daily and has been entered as second Gass mail matter at the post office in Vero Beach, in Beid Indian River County. Florida, for a period of Oahe year next preceding the That publication of the attached copy of adverrtlpsoerrn�ht; arhd affiant further says that h e has r paid nor promised any person, firm rebateadv f pubiicatbn In said newspaper. commission or refund for the purpose of securing this Sworn to and subscribed before me thla—l� day D._ 1 �� SHEILA N. TUTTLE. NOTARY PUBLIC nl . 11. 1 997 997 t �o d State of Florida. My Commiasloo E:P. 10 11/9' 1 ( 1,# Comadasi� Number. CC311063 i _ 'r . OF 'FVFV 0� Nota: smn� Ak Turns 28 M PUBLIC NOTICE PAVING & DRAINAGE IMPROVEMENTS TO 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES SUBDIVISION RESOLUTION NO. 97-30 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CER. TAIN PAVING AND DRAINAGE IMPROVEMENTS TO 60TH AVE. NUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES, PROVID- ING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND MAY 20, 1997 LEGAL DESCRIPTION OF THE I WHEREAS, after examination of AREA SPECIFICALLY BENEFITED. the nature and anticipated usage WHEREAS, the County Public of the proposed improvements, the Works Deportment has been peti- Board of County Commissioners tioned for Road Paving and Drain- has determined that the following age Improvement for 60th Avenue described properties shall receive a south of 45th Street. in Ponderosa direct and special benefit from Estates. WHEREAS, the construction a paging and drainage improvement by special assessment funding is authorized by Chapter 206, Sec tion 206.01 through 206.09, Indiar River County Code; and the cos estimates and preliminary assess. ment rolls have been completed by the Public Works Department; and the total estimated cost of the pro. posed paving and drainage improvements is SIXTY SEVEN THOUSAND NINE HUNDRED AND NINE DOLLARS and NINETY ONE CENTS (x67,909.91); and WHEREAS, the special assess- ment provided hereunder shall, for any given record owner of prop- erty within the area specially bene. fit, be in an amount equal to that Proportion of seventy-five percent (75°/6) of the total cost of the project (x50,932.43) which the number of lineal feet of road front. age owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited and twenty-five percent (25%) of the total cost of the project (+16,977.48) will come from Peti. tion Paving Account. Assessments are to be levied against all lots and lands adjoining and contigu. ous or bounding and abutting upon the improvements or specially benefited thereby and further des- ignated by the assessment plat with respect to the special assessment; and WHEREAS, the special assess. merit shall become due and pay. able at the Office of the Tax Col. lector of Indian River County ninety (90) days after the final determina- tion of the special assessment pur- suant to Section 206.08, Indian River County Code and WHEREAS, any special assess- ment not paid within said ninety (90) day period shall bear interest J beyond the due date at a rate: established by the Board of County Commissioners at the time of prep- aration of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the I date and subsequent payments to be de due yearly; and 29 these improvement, to wit: Lots 1 thru 25 and that lot shown as "NOT INCLUDED" on the plat of Ponderosa Estates, Unit 1 as recorded in Plot Book 6, Page 81 in the Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORI. DA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for pov. Ing and drainage improvements to 6% Avenue south of 45th Street in POnderosa Estates; heretofore des- ignated as Public Works Project No. 9536 is hereby approved sub. lett to the twins outlined above and all applicable requirements of Chapter 206, et. seq. Indian River County Code. The foregoing resolution was offered by Commissioner Adams, who moved its adoption. The motion was seconded by Commis- sioner Ginn, and, upon being put to a vote, the vote was as follows: Chairman Carolyn IC. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Comnmissloner Cenneth R. Macht Aye The Chairman thereupon teclared the resolution passed and adopted this 15 day of April, 997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -s -Carolyn K. Eggert Chairman West. effrey K. Barton, Clerk By -s -PAC Ridgely, D.C. May 6, 1997 1081486r BOOK 101 FADE 40A PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersl[grmd authority personally, appeared Darryl K Hicks who on oath says that he Is President of the Press -Journal, a daffy newspaper published at Vero Beach in Indian River Canty. Florida: that the attached copy of advertisement, bekhg i, the matterat In the Court, was pub - Hatted In said newspaper In the Issues of mCi .l—� Lp of % Af lant further says that the said Press,loumal is a newspaper published at Vero Beach, In said Indian River Coady, Florida, and that the said newspaper hes heretofore been contlm ously pubristed in said Iridian River County. Florida, each daffy and has been entered as secarid class mail matter at the post office in Vero Beach, in said Indian River County. Florida, adverds l and affiaof one nt further preceding the ftrst saypublication of the attached copy of or crorporatfon Paid nor P any pin, firth adver stl err>erit for publd icor unborn to or refund for the purpose of securing fhb Sworn PUBLIC NOTICE PAVING & DRAINAGE IMPROVEMENTS TO 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES SUBDIVISION RESOLUTION NO. 97.31 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SET- TING A TIME AND PLACE AT WHICH THE OWNERS OF PROP- ERTY ON 60TH AVENUE SOUTH* OF 45TH STREET IN. PONDE- 'ROSA ESTATES AND OTHER INTERESTED PERSONS 'MAY APPEAR BEFORE THE BOARD OF. COUNTY COMMISSIONERS AND BE HEARD AS TO THE PRO= PRIETY AND ADVISABILITY OF. .MAKING PAVING AND DRAIN- AGF-WARQVEMENTS TO SAID PROPERTY . A$,0 THE COST THkReOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BEN- EFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian--aiver County, has, by Resclu qR.- No. 97-30 determhrod that it is, neces- sary for tiro public welfare of the citzem of the county, and porfhcu- larly as to those living, working and, awning property within the area described herein that paving and drainage improvements , las made to said. property) and. WHEREAS, the Board of County Commissioners --has. caused an assnsemat roll to be completed and filed with the Clerk to, the Board, and f; "r WHEREAS, Section 2Q6.06, Indian River County Code, requires that the Board of County Commis - slows shall fix a time and place at which the owners of the proper" to be assessed or any otter -,peri =sons interested therein may-gppeor;. Wonr'".Board of G 'Can- missloners incl be heard atil#*6.0 priety and advisability all-l"img MAY 20, 1997 Sbefore rye file I day An 19q`7 ;: NpT qq y ..- a DAM1 tor. My comm. EMM : _ (President) OCT. 11, 1997 S SHED 1 AL TUTTLE. NOTARY PUBLIC No. CC311 Co r. CC311063 OFQi1,�� .w, SIP Notary: SWWA IL Turns Ipaving and drainage improvemarMs to said property, as to the cost thereof, as to the manner of pay- ment therefor, and as to the amount }hereof to be assessed against each property benefited thereby, NOW, THEREFORE, -BE IT RESOLVED BY THE BOARD -OF COUNTY COMMISSIONERS SOF. INDIAN RIVER COUNTY,! FORM DA, as follows: 1. The County Commission shall meet at the County Commission chambers In the County Adminis- tration Building at the hour of 9:05 AAt on Tuesday, May 20;=1997, at which time the owners''of"the properties to be osseslied and -any other interested persons, may, appear before said Commission and 'be heard in regard to .said property. The area to be improved - and the properties to be specially benefited are more partltu7arly described upon the assessmenfiplat and the assessment roll with regard to the spedal assessmerMa . 2. All persons interested in the corn' struction of said improvemetns and the special auersemenb agahnk the properties to be spedally bew filed may review the osks.sment• plat showing the area .-;fo= be., assessed, the assessment roll, 'the. plans and specification for said, improvements, and an estimate of the cost thereof at the offioj'of the Clerk. to fire Board any weekday from 8:30 A.M. until 540 Pte'; 3. Notice of the time and place of. this public hearing shall be"Olven by the Deportment of Public:Works by two publication in - the Vero Beach Press Jamul Newspaper a week apart. The last pub4c.4i ign shall be at least one week prior to the date of the hearing. The Indian River County Department of.Publia Works shall give the owner of.each property to be specially assessed at least ten days notice in writing OF such time and place, which'.1hall, be served by mailing a copy of such notice to each of suchr.Wop- erty owners at his last (<rtown 'address. 30 The resolufbn was moved For adoption by Commbdoner Adana, and the motion was seconded by Commbsio nor Ghm, and, upon being put to o vote, the Moos was as follows: Chairman Carolyn K. EgW Aye Vice Chairman John W. Tippin Aye Fran B. Adams Aye Comminhmer Cardin D. Ginn Aye Kenntin R. Mach Aye The Chairman thereupon declared the reschdbon duly posed, and adopted this 15 day of April, 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -Carolyn K. E9W chairman Amesh= Jeffrey K. Barton, Clerk . By-0At Ridgely, D.C. May 6,13,1997 1081432r Boor 101 PAi,E 41-15 The Board reviewed a Memorandum of April 22, 1997: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Director and f Roger D. Cain, P.E. i County Engineer FROM: Michelle A. Gentile, C.E.T. 4t, d& Civil Engineer �l SUBJECT: Public Hearing for the Paving & Drainage Improvements to 60th Avenue south of 45th Street in Ponderosa Estates Subdivision DATE: April 22, 1997 DESCRIPTION AND CONDITIONS On April 15, 1997, the Board of County Commissioners adopted Resolution No. 97-30 providing for certain paving and drainage improvements to 60th Avenue south of 45th Street in Ponderosa Estates Subdivision. A petition was received from the property owners on this road. Thirteen out of eighteen property owners signed the petition making it 72% in favor of having this road paved. On April 15, 1997, the Board of County Commissioners adopted Resolution 97-31 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for May 20, 1997 at 9:05 AM in the Board of County Commissioners chamber. RECOMMENDATION Staff recommends the Board of County Commissioners move to approve the assessment roll, and confirming resolution with changes, if any, made after input at the May 20, 1997, Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are available for viewing in the Board of County Commissioner's office. 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. MAY 20, 1997 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board (4-0, Commissioner Tippin being absent) unanimously adopted Resolution 97-055, confirming the assessment roll for certain paving and drainage improvements to 60" Avenue South of 45* Street in Ponderosa Estates Subdivision. ,.. N.0.PAU 31 BOK 10i rACE EJF Confirming (Third Reso.) 3/25/97(ENG)RES3.MAG\gfk RESOLUTION NO. 97- 55 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted Resolution No. 97-30, providing for certain paving and drainage improvements to 60th Avenue south of 45th Street in Ponderosa Estates Subdivision; and WHEREAS, said resolution described the manner in which the special assessments are to be made and how the special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 97-31, on April 15, 1997, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on May 6, 1997, and May 13, 1997, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, May 20, 1997 9:05 A.M. conducted the public hearing with regard to the special assessments, MAY 20, 1997 32 RESOLUTION NO. 97- 55 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 3. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 4. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Macht , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye.. Vice Chairman John W. Tippin Absent Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of May , 1997. BOARD OF COUNTY COMMISSIONERS INDIAN BJVER COUNTY, FLORIDA By CAROLYN . EGGE Chairm Je f,7 ar on, Clerk 47, Attachment: ASSESSMENT ROLL 60avconf.res MAY 20, 1997 33 2 Ldmn River coag Approved Delo Administration S e Budget Iegai Risk Management Public Works Engineering Jr 7/ t B.00K 01 FACE 'fD�B PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES CD an TOTAL FRONT FEET.......... 2520.16 PROJECT N0.9536 COST TO PROPERTY OWNERS... $50,932.43 COST PER FRONT FOOT .... $ $20.21 NAME & ADDRESS I. John C. & Elizabeth T. Bishop 4457 60th Avenue Vero Beach, FL 32967 2. Juliana C. Haney 4455 60th Avenue Vero Beach, FL 32967 3. Anthony H. & Donna L. Labarre 4476 60th Avenue Vero Beach, FL 32967 4. Jose G. Quinones P.O. Box 2124 Vero Beach, FL 32961-2124 5. Ruth E. Jaynes 4456 60th Avenue Vero Beach, FL 32967 60avpre.wkl LEGAL DESCRIPTION 29 32 39 00001 0040 00002.0 Indian RIver Farms Company Subdivision PBS 2} 12 N 304.46 Ft of W 130.57 Ft of Tract 4 in N 1/2. Less Canal Less S 101 Ft 29 32 39 00001 0040 00003.0 Indian River Farms Company Subdivision PBS 2} 12 S 131 Ft of N 334.46 Ft of W 130.57 Ft of Tract 4 in N 1 /2 29 32 39 00003 0000 00001.0 Ponderosa Estates Unit I PBI 6181 Lot I & N 22 Ft of Lot 2 (OR Bk 448 PP 777) 29 32 39 00003 0000 00002.0 Ponderosa Estates Unit I PBI 6)81 Lot 2, Less N 22 Ft, & N 1/2 of Lot 3 (OR Bk 42 PP 453) 29 32 39 00003 0000 00003.0 Ponderosa Estates Unit 1 PBI 6}81 S 1/2 of Lot 3 & All of Lot 4 FRONT FOOTAGE COST/F.F. TOTAL COST 173.46 $20.21 $3,505.62 131.00 $20.21 112.18 $20.21 112.70 $20.21 134.70 $20.21 $2,647.51 $2,267.16 $2,277.67 $2,722.29 TOTAL ASSESSMENT COST $3,505.62 $2,647.51 $2,267.16 $2,277.67 $2,722.29 Cr N Nr M 1 []I 11 Cr N 60avpre.wkl t/'1 M PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES TOTAL FRONT FEET.......... 2520.16 COST TO PROPERTY OWNERS... $50,9 2.43 PROTECT N0.9536 COST PER FRONT FOOT .... $ $;0.21! FRONT TOTAL NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST ASSESSMENT COST 6. Robert M. & Patricia A. Carlton 29 32 39 00003 0000 00005.0 134.70 $20.21 $2,722.29 $2,722.29 4450 60th Avenue Ponderosa Estates Unit 1 PHI 6}81 Vero Beach, FL 32967 Lot 5 & N 1/2 of Lot 6 (OR Bk 438 PP 697) 7. Daniel C. & Deborah F. Robinson 29 32 39 00003 0000 00006.0 134.70 $20.21 $2,722.29 $2,722.29 4426 60th Avenue Ponderosa Estates Unit I PBI 6181 Vero Beach, FL 32967 S 1/2 of Lot 6 & all of Lot 7 8. Richard B. & Elizabeth J. Steele 29 32 39 00003 0000 00008.0 119.80 $20.21 $2,421.16 4366 60th Avenue Ponderosa Estates Unit 1 PBI 6}81 $2,421.16 Vero Beach, FL 32967 Lot 8 & N 30 Ft of Lot 9 9. Christopher & Jodi Simon 29 32 39 00003 0000 00009.0 119.60 $20.21 $2,417.11 $2,417.11 4356 60th Avenue Ponderosa Estates Unit I PBI 6181 Vero Beach, FL 32967 Lot 9 Less N 30 Ft & Lot 10 Less S 30 Ft (OR Bk 454 PP 602) 10. Thomas M. & Teresa H. Giles 29 32 39 00003 0000 00010.0 119.80 $20.21 $2,421.16 $2,421.16 P.O. Box 1391 Ponderosa Estates Unit I PBI 6}81 Vero Beach, FL 3296 1-1 39 1 S 30 Ft of Lot 10 & Lot I 1 (OR Bk 503 PP 608) ON 01 Cr N 60avpre.wkl t/'1 M LO r, J PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES TOTAL FRONT FEET.......... 2520.16 Qn COST TO PROPERTY OWNERS... $50,932.43 PROJECT NO.9536 COST PER FRONT FOOT .... $ $20.21 FRONT TOTAL NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST ASSESSMENT COST 11. Robert E. & Virginia Hickerson 29 32 39 00003 0000 00012.0 135.60 $20.21 $2,740.47 $2,740.47 60avpre.wkl 0 133.80 $20.21 $2,704.10 $2,704.10 179.60 4316 60th Avenue Ponderosa Estates Unit I PBI 6181 $3,629.71 Vero Beach, FL 32967 Lot 12 & N 45.8 Ft of Lot 13 $2,722.29 $2,722.29 (OR Bk 456 PP 564) 12. Timothy A. & Carolyn C. Hendren 29 32 39 00003 0000 00013.0 4308 60th Avenue Pondeross Estates Unit I PBI 6181 Vero Beach, FL 32967 S 44 Ft of Lot 13 & All Lot 14 (OR Bk 494 PP 205) 13. Joseph C. & Catherine Rossmell 29 32 39 00003 0000 00015.0 4315 60th Avenue Ponderosa Estates Unit I PBI 6181 Veto Beach, FL 32967 Lots 15 & 16 14. Luke N. & Luise Martin 29 32 39 00003 0000 00017.0 4325 60th Avenue Ponderosa Estates Unit 1 PBI 6}81 Vero Beach, FL 32967 Lot 17 & S 1/2 of Lot 18 (OR Bk 496 PP 692) 15. Vincent A. Novakowski 29 32 39 00003 0000 00018.0 4345 60th Avenue Ponderosa Estates Unit 1 PBI 6}81 Vero Beach, FL 32967 N 1/2 of Lot 18, All Lot 19 & S 20 Ft of Lot 20 60avpre.wkl 0 133.80 $20.21 $2,704.10 $2,704.10 179.60 $20.21 $3,629.71 $3,629.71 134.70 $20.21 $2,722.29 $2,722.29 154.70 $20.21 $3,126.49 $3,126.49 O N 29 -Apr -97 ►J 0 •a 1 2520.16 $20.21 $50,932.43 $50,932.43 TOTAL FRONT COST PER F. F. TOTAL COST TOTAL ASSESSMENT FOOTAGE O N 60avpre.wkl P9_p, 6 �N'� a� PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES-� TOTAL FRONT FEET.......... 2520.16 COST TO PROPERTY OWNERS... $50,932.43 PROJECT NO.9536 COST PER FRONT FOOT .... S $20.21 FRONT TOTAL NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST ASSESSMENT COST 16. Jeffrey Craig & Kimberly Morgan 29 32 39 00003 0000 00020.0 124.70 $20.21 $2,520.19 $2.520.19 4365 60th Avenue Ponderosa Estates Unit I PBI 6181 Vero Beach, FL 32967 Lot 20 Less S 20 Ft & S 54.9 Ft of Lot 21 (OR Bk 443 PP 814) 17. Gary Farless 29 32 39 00003 0000 00021.0 214.50 $20.21 $4,335.04 $4,335.04 4445 60th Avenue Ponderosa Estates Unit I PBI 6)81 Vero Beach, FL 32967 N 34.90 Ft of Lot 21 & All of Lots 22 & 23 (OR Bk 484 PP 873) 18. Bruce G. & Valerie Kennison 29 32 39 00003 0000 00024.0 149.92 $20.21 $3,029.88 $3,029.88 4451 601h Avenue Ponderosa Estates Unit 1 PBI 6181 Vero Beach, FL 32967 Lot 24 & S 60.4 Ft of Lot 25 (OR Bk 399 PP 664) M 2520.16 $20.21 $50,932.43 $50,932.43 TOTAL FRONT COST PER F. F. TOTAL COST TOTAL ASSESSMENT FOOTAGE O N 60avpre.wkl P9_p, BOOK 101 FMGE 5J13 9.A.3. PUBLIC HEARING -101'' AVENUE BETWEEN 79' STREET AND 87' STREET) - VERO LAKE ESTATES SUBDIVISION - PAVING AND DRAINAGE EMPROVEMENTS PRESS -JOURNAL PUBLIC NOTICE PAVING & DRAINAGE IMPROVEMENTS TO 101ST AVENUE BETWEEN 79TH STREET & 87TH STREET IN VERO LAKE ESTATES SUBDIVISION RESOLUTION NO. 97-28 . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CER- TAIN PAVING AND DRAINAGE IMPROVEMENTS TO 101ST AVE- NUE BETWEEN 79TH STREET AND 87TH STREET IN VERO LAKE ESTATES, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND. LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. . WHEREAS, the County Public Works Department has been peti- tioned for Road Paving and Drain- age Improvement for 101 st Avenue between 79th Sheet and 87th Street in Vero Lake Estates Subdivision. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Chapter 206, Sec, tion 206.01 through 206.09, Indian River County Code; and the cost estimates and preliminary assess- ment rolls have been completed by: the Public Works Department; and - the total estimated cost of the pro-, posed paving and drainage; improvements is TWO HUNDRElY. FiFTY ONE THOUSAND SIZE; HUNDRED EIGHTY EIGHT D04- 'LARS cnd THIRTY'7HREr CENTS: ('251,688.33); and WHEREAS, the special assess- ment provided hereunder shall, for any given record owner of prop- erty within the area specially bene, fited, be assessed to the owner at.- the t=the rate of '2.00 per front foot. The amount to be assessed under the Special Asssessment is: '19,334.74 which is approximately' 7.68% of the total estimated cost. of the project and the balance of: $232,35359 shall come from other: revenue sources; and WHEREAS, the special assess.:. ment shall become due and pay able at the Office of the Tax Col-� lector of Indian River County ninety: (90) days after the final determine-: tion of the special assessment pik- suant to Section 206.08, Indian= Rim County Code and . WHEREAS, any special assess- ment not paid within said ninety., (90) day period shall bear interest:• beyond the due date -at a rate: established by the Board of County: Commissioners at the time of prep= oration of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and MAY 20, 1997 Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press,loumal, a dally newspaper publlsl ed at Vero Beach in Uailan Rlvr County. Florida; that the attached copy of advertisement, being In the matter of RP_ S - q7 -Q9 In the �n,/� Court, was pub - fished In said rmwspaper in the Issues of m �"o l , 1—1 "l Affiant further says that the said Press -Journal Is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been Continuously published In said Indian Rive County, Florida, each daily Kuri has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceding the first publication of the attached Copy of advertisement and affiant further says that he has neither paid error promised any person, firm or Corporation any discount, rebate, commission or refund for the purpose of securing this advertisemrnt for publication in said newspaper. .,§�1prr q d subscribed before me this day oT�.D.19 `1 T I . Trasklafn Aly.Vat dl OCCT 111 1997 1 NOTARY PUBLIC No..FCAC�311063 ; State of Florida. ply Commission rap. to/ 11/07 %S$FjA��\(�.P�p�a Commissioo oipber. CC31 +t OYYF�a �'bia'�,� s tot re. Turr18 WHEREAS, aha examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Vero Lake Estates, Unit L; Block F, Lot 17 through Lot 32; Block G, Lot 1 through Lot 16; Vero Lake Estate, Unit K, Block F, Lot 17 through Lot 32; Bbd' G, Lot 1 through Lot 16; Vero Lake Estates, Unit J, Block K, Lot 1 through 8; Block 4 Lot i through Lot 7; Block N, Lot 1 trough Lot 8; Block M, Lot 1 through Lot 7; Vero Lakes Estates, Unit I, Block K, Lot 9 through lot 16; Block L, Lot 9 through Lot 16; Block M, Lot 1 through Lot 8; Black N, Lot 1 through Lot 8. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORI- DA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for pav- ing and drainage improvements to 101 it Avenue between 79th Street and 87th Street in Vero Lake Estate; heretofore designated as Public Works Project No. 9309 is hereby approved subled to the tams outlined above and all appli- cable requirements of Chapter 206, at. seq. Indian River Courtly Code. 38 The foregoing resolution was offered by Commissioner Adams, who moved its -adoption. The motion was seconded by Commis- sioner Tippin, and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissions Fran B. Adams Aye Commissioner. - Carolina D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution passed and adopted this 15 day of April, 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -s -Carolyn K. Eggert Chairman Attest: Jeffrey K. Barton, Clerk By -s -P.M. Ridgely, D.C. May 6,1997 1081441r The Board reviewed a Memorandum of April 24, 1997: TO: James Chandler County Administrator i THROUGH: James W. Davis, P.E. Public Works Director ana Roger D. Cain, P.E. 4/ County Engineer , FROM: Michelle A. Gentile, C.E.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 101st Avenue between 79th Street & 87th Street in Vero Lake Estates Subdivision DATE: April 24, 1997 DESCRIPTION AND CONDITIONS On April 15, 1997, the Board of County Commissioners adopted Resolution No. 97-28 providing for certain paving and drainage improvements to 101st Avenue between 79th Street & 87th Street in Vero Lake Estates Subdivision. This was a Public Works Department initiated public improvement assessment in cooperation with the Vero Lake Estates Property Owners Association and Drainage Committee. On April 15, 1997, the Board of County Commissioners adopted Resolution 97-29 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for May 20, 1997 at 9:05 AM in the Board of County Commissioners chamber. RECOMMENDATION Staff recommends the Board of County Commissioners move to approve the assessment roll, and confirming resolution with changes. if any, made after input at the May 20, 1997, Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are available for viewing in the Clerk to the Board of County Commissioner's office. 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. MAY 20, 1997 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board (4-0, Commissioner Tippin being absent) unanimously adopted Resolution 97-056 confirming the assessment roll for certain paving and drainage improvements to 1018' Avenue between 79" Street and 87* Street in Vero Lake Estates Subdivision. 39 600Y 101 FACE A boo,v, 101 PAGE Jb Confirming (Third Reso.) 3/25/97(ENG)RES3.MAG\gfk RESOLUTION NO. 97- 56 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 101ST AVENUE BETWEEN 79TH STREET & 87TH STREET 'IN VERO LAKE ESTATES SUBDIVISION. WHEREAS, the Board of County Commissioners of Indian River County adopted Resolution No. 97-28, providing for certain paving and drainage improvements to 101st Avenue between 79th Street & 87th Street in Vero Lake Estates Subdivision; and WHEREAS, said resolution described the manner in which the special assessments are to be made and how the special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 97-29, on April 15, 1997, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Vero Beach Press Journal Newspaper on May 6, 1997, and May 13, 1997, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, May 20 1997 9.05 A.M. conducted the public hearing with regard to the special assessments, MAY 20, 1997 11V RESOLUTION NO. 97 - _IL NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 3. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 4. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Macht , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Absent Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of May _ , 1997, BOARD OF COUNTY COMMISSIONERS INDIAN IVER COUNTY, LORIDA By rJ CAROLY K. EGG T Chair an Jeffr on, Clerk i Attachment: ASSESS NT ROLL Ldian Rimer cm dy Approved hate l0laconf.res Administration S( 2 Budget L -W . ss -9 Risk Management Public Works fingineering MAY 20, 1997 M 41 BOCK I U r r:,AM IT PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 PROJECT NO. 9309 COST TO PROPERTY OWNERS .............. $19,334.74 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS 1. Coolidge Corp. Box 610727 N. Miami, FL 33160 2. Coolidge Corp. Box 610727 N. Miami, FL 33160 3. Coolidge Corp. Box 610727 N. Miami, FL 33160 4. Coolidge Corp. Box 610727 N. Miami, FL 33160 101 AVPRE.WK1 LEGAL DESCRIPTION 33-31-38-00003-0070-00001.0 Lots I to 4, Block G, Vero Lake Estates, Unit L (OR BK 467 PP 534) 33-31-38-00003-0070-00005.0 Lots 5 to 8, Block G, Vero Lake Estates, Unit L (OR BK 467 PP 534) 33-31-38-00003-0070-00009.0 Lots 9 to 12, Block G, Vero Lake Estates, Unit L (OR BK 467 PP 534) 33-31-38-00003-0070-00013.0 Lots 13 to 16, Block G, Vero Lake Estates, Unit L (OR BK 467 PP 534) FRONT FOOTAGE COST/F.F. 349.09 $2.Q0 300.00 300.00 300.00 $2.00 $2.00 $2.00 TOTAL COST $698.18 $600.00 $600.00 $600.00 29 -Apr -97 Eh - as C N q 1 1 1 1 1 1 PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS 5. Raymond H. & Ruth Mary Burg 15701 Minnetonka Blvd. Minnetonka, MN 55343 6. Coolidge Corp. Box 610727 N. Miami, FL 33160 7. Coolidge Corp. Box 610727 N. Miami, FL 33160 8. Coolidge Corp. Box 610727 N. Miami, FL 33160 101AVPRE.WK1 LEGAL DESCRIPTION 33-31-38-00003-0060-00017.0 Lot 17, Block F, Vero Lake Estates, Unit L 33-31-38-00003-0060-00018.0 Lots 18, 19, 20, Block F, Vero Lake Estates, Unit L (OR BK 467 PP 534) 33-31-38-00003-0060-00021.0 Lots 21 to 24, Block F, Vero Lake Estates, Unit L (OR BK 467 PP 534) 33-31-38-00003-0060-00025.0 Lots 25 to 28, Block F, Vero Lake Estates, Unit L (OR BK 467 PP 534) FRONT FOOTAGE 75.00 225.00 300.00 300.00 COST/F.F. $2.00 $2.00 $2.00 $2.00 TOTAL COST $150.00 $450.00 $600.00 $600.00 29 -Apr -97 M q M Ln I PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROTECT NO. 9309 COST PER FRONT FOOT ............... $2,00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGF. COST/F F TnTer r'nc-r 9. Coolidge Corp. 33-31-38-00003-0060-00029.0 Box 610727 Lots 29 to 32, Block F, N. Miami, FL 33160 Vero Lake Estates, Unit L (OR BK 467 PP 534) 10. Lawrence W. & Brenda Young 33-31-38-00002-0070-00001.0 8295 101st Avenue Lot 1, Block G, Vero Beach, FL 32967 Vero Lake Estates, Unit K 11. Timothy J. & Cynthia A. Sherman 33-31-38-00002-0070-00002.0 8293 101 st Avenue Lot 2, Block G, Vero Beach, FL 32967 Vero Lake Estates, Unit K (OR BK 634 PP 2142) 12. Eric S. & Melinda W. Fisher 33-31-38-00002-0070-00003.0 2071 Misty Meadow Rd. Lot 3, Block G, Finksburg, MD 21048 Vero Lake Estates, Unit K 101AVPRE.WK1 349.04 88.86 75.00 75.00 $2.00 $2.00 $2.00 $2.00 $698.08 $177.72 $150.00 $150.00 29 -Apr -97 Cr N EIJ 1 1 11 II 101AVPRE.WK1 29 -Apr -97 9 \m LO PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 13. Bloomfield Construction Co. 33-31-38-00002-0070-00004.0 225.00 $2.00 $450.00 338 Cedarville Street Lots 4, 5 & 6, Block G, Pittsburg, PA 15224 Vero Lake Estates, Unit K 14. Kerry A. & Loraine Heider 33-31-38-00002-0070-00007.0 75.00 $2.00 $150.00 3902 Dowling Avenue Lot 7, Block G, Wilkins Township, PA 15221 Vero Lake Estates, Unit K (OR BK 478 PP 32) 15. Michael E.& Lynn M.Baumgartner 33-31-38-00002-0070-00008.0 150.00 $2.00 $300.00 8205 101st Avenue Lots 8 & 9, Block G, Vero Beach, FL 32967 Vero Lake Estates, Unit K 16. Nick & Jeanne Gazzola 33-31-38-00002-0070-00010.0 75.00 $2.00 $150.00 342 S Pacific Avenue Lot 10, Block G, Pittsburg, PA 15224 Vero Lake Estates, Unit K II 101AVPRE.WK1 29 -Apr -97 9 \m w 4 0 te=a PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET 101AVPRE.WK1 29 -Apr -97 C, 1 1 1 TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 17. Michael & Linda M. Galley 33-31-38-00002-0070-00011.0 75.00 $2.00 $150.00 8165 101st Avenue Lot 11, Block G, Sebastian, FL 32967 Vero Lake Estates, Unit K 18. Ann E. Brack 33-31-38-00002-0070-00012.0 75.00 $2.00 $150.00 117 Royal Palm Street Lot 12, Block G, Sebastian, FL 32958 Vero Lake Estates, Unit K 19. Coolidge Corp. 33-31-38-00002-0070-00013.0 150.00 $2.00 $300.00 Box 610727 Lots 13 & 14, Block G, N. Miami, FL 33160 Vero Lake Estates, Unit K (OR BK 467 PP 534) 20. William W. & April A. Moolenaar 33-31-38-00002-0070-00015.0 75.00 $2.00 $150.00 8115 101st Avenue Lot 15, Block G, Vero Beach, FL 32967 Vero Lake Estates, Unit K 21. William W. & April A. Moolenaar 33-31-38-00002-0070-00016.0 75.00 $2.00 $150.00 8115 101st Avenue Lot 16, Block G, Vero Beach, FL 32967 Vero Lake Estates, Unit K 101AVPRE.WK1 29 -Apr -97 C, 1 1 1 1 1 1 PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 101AVPRE.WK1 LEGAL DESCRIPTION NAME & ADDRESS 22. Nicholas & Gilda Addesa 33-31-38-00002-0060-00017.0 370 S Waverly Place, Apt. 4-C $2.00 Vero Beach, FL 32960 23. Sanfra Lynn Key 8136 101st Avenue Vero Lake Estates, Unit K Vero Beach, FL 32967 24. Harry & Lillian Greenberg 33-31-38-00002-0060-00019.0 11734 Folkstone Lane $2.00 Los Angeles, CA 90077 25. Coolidge Corp. Box 610727 Vero Lake Estates, Unit K N. Miami, FL 33160 26. Coolidge Corp. 33-31-38-00002-0060-00020.0 Box 610727 $2.00 N. Miami, FL 33160 101AVPRE.WK1 LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 33-31-38-00002-0060-00017.0 150.00 $2.00 $300.00 Lots 17 & 18, Block F, Vero Lake Estates, Unit K 33-31-38-00002-0060-00019.0 75.00 $2.00 $150.00 Lot 19, Block F, Vero Lake Estates, Unit K 33-31-38-00002-0060-00020.0 75.00 $2.00 $150.00 Lot 20, Block F, Vero Lake Estates, Unit K 33-31-38-00002-0060-00021.0 300.00 $2.00 $600.00 Lots 21 to 24, Block F, Vero Lake Estates, Unit K 33-31-38-00002-0060-00025.0 300.00 $2.00 $600.00 Lots 25 to 28, Block F, Vero Lake Estates, Unit K 29 -Apr -97 n It 101 AVPRE.WK1 29 -Apr -97 rn Cr N R r 00 1 1 �-I LO 7, PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 c:; COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 27. Joseph & Julia D. Kosich 33-31-38-00002-0060-00029.0 75.00 $2.00 $150.00 6715 Tuxedo Road Lot 29, Block F, San Diego, CA 92119 Vero Lake Estates, Unit K 28. Glenn E. & Dorothy L. Ferrall 33-31-38-00002-0060-00030.0 75.00 $2.00 $150.00 2509 Bordeaux Way Lot 30, Block F, Lutz, FL 33549 Vero Lake Estates, Unit K 29. Mary Ann Rannou 33-31-38-00002-0060-00031.0 163.93 $2.00 $327.86 8276 101st Avenue Lots 31 & 32, Block F, Vero Beach, FL 32967 Vero Lake Estates, Unit K Plat Book 5, Page 83 30. Coolidge Corp. 33-31-38-00001-0140-00001.0 75.00 $2.00 $150.00 Box 610727 Lot 1, Block N, N. Miami, FL 33160 Vero Lake Estates, Unit J (OR BK 467 PP 534) 31. Ann Vignovich 33-31-38-00001-0140-00002.0 150.00 $2.00 $300.00 2311 West Wade Street Lots 2 & 3, Block N, Aliquippa, PA 15001 Vero Lake Estates, Unit J 101 AVPRE.WK1 29 -Apr -97 rn Cr N R r 00 1 1 29 -Apr -97 n v� rn Cr N 4-4 X3 W C -D -KC ON 'qt PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 32. Arthur & Bertie Dibble 33-31-38-00001-0140-00004.0 75.00 $2.00 $150.00 RR 1 Box 1059 Lot 4, Block N, Three Springs, PA 17264 Vero Lake Estates, Unit J 33. Regis H. & Margaret E. Ryan P.O. Box 614 33-31-38-00001-0140-00005.0 Lots 5 & 6, Block N, 150.00 $2.00 $300.00 Rockledge, FL 32956-0 Vero Lake Estates, Unit J 34. Nellie C. Walker 33-31-38-00001-0140-00007.0 150.00 $2.00 $300.00 8306 93rd Avenue Lots 7 & 8, Block N, Vero Beach, FL 32967 Vero Lake Estates, Unit J 35. Collidge Corp. 33-31-38-00001-0130-00001.0 131.74 $2.00 $263.48 Box 610727 Lot 1, Block M, N. Miami, FL 33160 Vero Lake Estates, Unit J (OR BK 467 PP 534) 36. W. Ray & Anne G. Laseter 33-31-38-00001-0130-00002.0 75.00 $2.00 $150.00 1038 Ray Wyatt Road Lot 2, Block M, Ashville, AL 35953 Vero Lake Estates, Unit J 101AVPRE.WK1 29 -Apr -97 n v� rn Cr N 4-4 X3 W C -D -KC ON 'qt I w. s� �I W C-13 7E PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS 37. Charlotte A. & John D. Cole, Jr. 8455 101st Avenue Vero Beach, FL 32967 38. Joseph Sortino c/o Florence Wolfling 475 Center Street East Aurora, NY 14052 39. Raymond C. & Julia C. Raub 1501 SW Edinburg Drive Pt. St. Lucie, FL 34953 40. Madeline Nistico 552 Third Street Clairton, PA 15025 101AVPRE.WK1 LEGAL DESCRIPTION 33-31-38-00001-0130-00003.0 Lot 3, Block M, Vero Lake Estates, Unit J 33-31-38-00001-0130-00004.0 Lot 4, Block M, Vero Lake Estates, Unit J 33-31-38-00001-0130-00005.0 Lot 5, Block M, Vero Lake Estates, Unit J (OR BK 153 PP 384) 33-31-38-00001-0130-00006.0 Lots 6 & 7, Block M, Vero Lake Estates, Unit J FRONT FOOTAGE COST/F.F. TOTAL COST 75.00 $2.00 $150.00 75.00 $2.00 $150.00 75.00 $2.00 $150.00 150.00 $2.00 $300.00 29 -Apr -97 1 1 29 -Apr -97 0 CD 1-1 tn PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 41. Coolidge Corp. 33-31-38-00001-0110-00009.0 150.00 $2.00 $300.00 Box 610727 Lots 9 & 12, Block K, N. Miami, FL 33160 Vero Lake Estates, Unit J (OK BK 467 PP 534) 42. Sally & George E. Petticrew, Jr. 33-31-38-00001-0110-00010.0 75.00 $2.00 $150.00 8326 101st Avenue Lot 10, Block K, Vero Beach, FL 32967 Vero Lake Estates, Unit K 43. Mary Agnes Martin 33-31-38-00001-0110-00011.0 75.00 $2.00 $150.00 c/o Eleanor Schachern, Executor Lot 11, Block K, 2421 Front Street Vero Lake Estates, Unit J Monica, PA 15061 44. Rita Hudmon 33-31-38-00001-0110-00013.0 75.00 $2.00 $150.00 8360 101st Avenue Lot 13, Block K, Vero Beach, FL 32967 Vero Lake Estates, Unit J 45. Rita F. Hudmon 33-31-38-00001-0110-00014.0 75.00 $2.00 $150.00 8360 101st Avenue Lot 14, Block K, Vero Beach, FL 32967 Vero Lake Estates, Unit J 101 AVPRE.WK1 29 -Apr -97 0 CD 1-1 tn Lo PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS 46. Collidge Corp. Box 610727' N. Miami, FL 33160 47. Collidge Corp. Box 610727 N. Miami, FL 33160 48. Marvin & Gayle Reaume 13520 NW 41h Manor Plantation, FL 33325 49. Tommy J. & Jean Runion 1713 Linwood Avenue Ft. Pierce, FL 34982 101AVPRE.WK1 LEGAL DESCRIPTION 33-31-38-00001-0110-00015.0 Lots 15 & 16, Block K, Vero Lake Estates, Unit J (OK BK 467 PP 534) 33-31-38-00001-0120-00008.0 Lots 8 to 10, Block L, Vero Lake Estates, Unit J (OK BK 467 PP 53) 33-31-38-00001-0130-00011.0 Lot 11, Block L, Vero Lake Estates, Unit J 33-31-38-00001-0120-00012.0 Lot 12, Block L, Vero Lake Estates, Unit J FRONT FOOTAGE COST/F.F. TOTAL COST 150.00 $2.00 $300.00 225.00 $2.00 $450.00 75.00 $2.00 $150.00 75.00 $2.00 $150.00 29 -Apr -97 a Fil P� 1 PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS 50. Tommy J. & Jean Runion $2.00 1713 Linwood Avenue Lot 13, Block L, Ft. Pierce, FL 34982 51. Michael K. & Nina E. Neady Vero Lake Estates, Unit 1 3902 741h Avenue Hyattsville, MD 20784 52. Kathleen L. Craig $2.00 4250 Sardis Road Lot 14, Block L, Murrysville, PA 15668 53. Ernest G.& Christin Gerber,111 Vero Lake Esates, Unit J 8575 101st Avenue Vero Beach, FL 32967 54. John Lloyd $2.00 9432 U.S. Highway I Lot 1, Block N, Sebastian, FL 32958 101AVPRE.WK1 LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 33-31-38-00001-0120-00013.0 75.00 $2.00 $ DUMU Lot 13, Block L, Vero Lake Estates, Unit 1 33-31-38-00001-0120-00014.0 131.56 $2.00 $263.12 Lot 14, Block L, Vero Lake Esates, Unit J 28-31-38-00006-0140-00001.0 71.00 $2.00 $142.00 Lot 1, Block N, Vero Lake Estates, Unit I 28-31-38-00006-0140-00002.0 75.00 $2.00 $150.00 Lots 2, Block N Vero Lake Estates, Unit I 28-31-38-00006-0140-00006.0 75.00 $2.00 $150.00 Lots 3, Block N Vero Lake Estates, Unit I 29 -Apr -97 7 Cr N Y c 0 C-0 M to 101AVPRE.WK1 29 -Apr -97 Cr N V* W) 1 1 1 W u PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 c� COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST_ 55. Fred Anderson 28-31-38-00006-0140-00004.0 75.00 $2.00 $150.00 1001 Foster Road Lot 4, Block N, Sebastian, FL 32958 Vero Lake Estates, Unit I 56. Joseph & Gertrude Blood 28-31-38-00006-0140-00005.0 75.00 $2.00 $150.00 8545 101st Avenue Lot 5, Block N, Vero Beach, FL 32967 Vero Lake Estates, Unit 1 57. Southern Bell T & T Co. 28-31-38-00006-0140-00006.0 75.00 $2.00 $150.00 0o Bellsouth Telecomm Tax Lot 6, Block N, Rm. 5E03 Campanile Vero Lake Estates, Unit I Atlanta, FL 30367-6 (OR BK 721 PP 1444) 58. David W. & Delia Badders 28-31-38-00006-0140-00007.0 146.00 $2.00 $292.00 11146 Del Rio Road Lots 7 & 8, Block N, Spring Valley, CA 91978 Vero Lake Estates, Unit I (OR BK 495 PP 747) 59. Stuart E. & Lucille Glover 28-31-38-00006-0130-00001.0 77.07 $2.00 $154.14 10101 87th Street Lot 1, Block M, Vero Beach, FL 32967 Vero Lake Estates, Unit I 101AVPRE.WK1 29 -Apr -97 Cr N V* W) 1 1 1 PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 1. 101AVPRE.WK1 29 -Apr -97 r� LO v. Cn kn 60. Patricia L. Carey 28-31-38-00006-0130-00002.0 75.00 $2.00 $150.00 8675 101st Avenue Lot 2, Block 7, Vero Beach, FL 32967 Vero Lake Estates, Unit I (OR BK 484 PP 706) 61. Virginia & Raymond Taylor, Jr. 28-31-38-00006-0130-00003.0 150.00 j $2.00 $300.00 1076 Great Road Lots 3 & 4, Block M, Lincoln, RI 02865 Vero Lake Estates, Unit I 62. Edmund N. Ansin, Trustee 28-31-38-0006-130-00005.0 225.00 $2.00 $450.00 1401 79th Street Causeway Lots 5 to 7, Block M, Miami, FL 33141 Vero Lake Estates, Unit I (OR BK 467 PP 485) 63. Alexandra A. & Anasta Alexander w 28-31-39-00006-0130-00008.0 70.00 $2.00 $140.00 328 Granada Parkway Lots 8 &'9, Block M, Lindenhurst, NY 11757 Vero Lake Estates, Unit I 1. 101AVPRE.WK1 29 -Apr -97 r� LO v. Cn kn PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET 101AVPRE.WK1 29 -Apr -97 ko kn 1 1 TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2,00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 64. Donald Paul & Maria Ricc Zappa 28-31-38-00006-0110-00009.0 71.00 $2.00 $142.00 224 S Evaline Street Lot 9, Block K, Pittsburg; PA 15224 Vero Lake Estates, Unit I 65. Frank S.& Susan Ernst 28-31-38-00006-0110-00010.0 75.00 $2.00 $150.00 15713 Davis Cup Lane Lot 10, Block K, Ramona, CA 92065 Vero Lake Estates, Unit I 66. Karol Poderski 28-31-38-00006-0110-00011.0 75.00 $2.00 $150.00 1625 Martin Hwy. /1714 Lot 11, Block K, Palm City, FL 34990 Vero Lake Estates, Unit 1 67. Edmund N. Ansin, Trustee 28-31-38-00006-0110-00012.0 75.00 $2.00 $150.00 1401 791h Street Causeway Lot 12, Block K, Miami, FL 33141 Vero Lake Estates, Unit I (OR BK 467 PP 485) 68. Mary A. Secola 28-31-38-00006-0110-00013.0 150.00 $2.00 $300.00 521 Dorseyville Road Lots 13 & 14, Block K, Pittsburg, PA 15238 Vero Lake Estates, Unit I 101AVPRE.WK1 29 -Apr -97 ko kn 1 1 PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 29 -Apr -97 n tn 69. John H. Francisco 28-31-38-00006-0110-00015.0 75.00 $2.00 $150.00 Houston Paving Co. Lot 15, Block K, 80 Houston Road Vero Lake Estates, Unit I Little Falls, NJ 07424 i 70. Wanda Lepien 28-31-38-00006-0110-00016.0 71.00 $2.00 $142.00 107 McGregor Street Lot 16, Block K, Harligen, TX 78550 Vero Lake Estates, Unit I (OR BK 414 PP 240) 71. George Lins 28-31-38-00006-0120-00009.0 145.00 $2.00 $290.00 P.O. Box 266 Lots 9 & 10, Block L, Brielle, NJ 08730 Vero Lake Estates, Unit I 72. Ronald & Joan Ciccozzi 28-31-38-00006-0120-00011.0 75.00 $2.00 $150.00 120 Heather Drive Lot 11, Block L, Monaca, PA 15061 Vero Lake Estates, Unit I 73. Orval B. & Marjorie O. Archer 28-31-38-00006-0120-00012.0 75.00 $2.00 $150.00 2799 Wright Avenue SE Lot 12, Block L, Palm Bay, FL 32909 Vero Lake Estates, Unit I 101 AVPRE.WK1 29 -Apr -97 n tn PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 101 ST AVENUE FROM 79TH STREET TO 87TH STREET TOTAL FRONT FEET.......... 9,667.37 COST TO PROPERTY OWNERS .............. $19,334.74 PROJECT NO. 9309 i COST PER FRONT FOOT ............... $2.00 NAME & ADDRESS 74. Maggie L. McDaniel 8666 101st. Avenue Vero Beach, FL 32967 t f i i 75. Thomas H. & Donna S. Sherro,d Rt. I Box 107-N Lake City, FL 32055 i I I 1 � V i I 101 AVPRE.WK1 LEGAL DESCRIPTION 28-31-38-00006-0120-00013.0 Lots 13 & 14, Block L, Vero Lake Estates, Unit I (OK BK 440 PP 913) 28-31-38-00006-0120-00015.0 Lots 15 & 16, Block L, Varn I alrp Fetatae 11nit i FRONT FOOTAGE COST/F.F. 150.00 $2.00 152.08 $2.00 TOTAL COST I $300.00 $304.16 TOTAL 9,667.37 $2.00 $19,334.74 FRONT FOOTAGE COST PER F.F. TOTAL COST 29 -Apr -97 r� C N 00 4n 1 1 11 9.B. PUBLIC DISCUSSION - COUNTRY CLUB POINTE SUBDIVISION - RICHARD BOGOSIAN, REPRESENTATIVE - REQUEST FOR COUNTY TO DREDGE BOAT CANALS The Board reviewed a Memorandum of May 14, 1997, a letter of February 3, 1997, and a drawing submitted by Mr. Bogosian: TO: James Chandler County Admini or FROM: James W. Davis, P. Public Works Direct SUBJECT: Request for County to Dredge Boat Canals Country Club Pointe Subdivision Richard Bogosian, Representative DATE: May 14, 1997 In the late 19Ws, the plat of Country Club Pointe Subdivision established two canal right- of-ways which are currently being used by Country Club Pointe property owners for drainage and boat access. The canals conned to the 300' wide Main Relief Canal right-af- way owned by the Indian River Farms Water Control District Over the past several years, sediment and sift has been deposited in the mouth of the canals causing a narrowing and shallow depth. Richard Bogosian, resident of Country Club Pointe, is requesting the County or the Indian River Farms Water Control District to dredge and restore the canal cross-section. The primary siltation is at the mouth of the two canals which lies within the 300' wide Main Relief Canal right-of-way. The Drainage District has not dredged the Main Canal for several years and does not maintain the mouth of tributaries that are not a part of their canal system. To staffs knowledge, the County has not dredged these two tidal canals in the past 16 years. The County did dredge the 14th Street Canal in 1989, but that canal served a large drainage water shed consisting of all of the land east of Old Dixie Highway in the south Vero Beach area. A very similar request was recently made by the Vero Shores Property Owners in south county. The County helped with permitting, but the canal dredging was funded by the property owners through their Property Owner's Association. Alternative No. 1 Approve the request and authorize staff to apply for dredging permits. Once permits are obtained, land clearing of portions of the Main Relief Canal right-of-way must take place. After the clearing, the mouth of the two canals could probably be dredged from land by using a drag -line. The County's drag -line has limited boom to reach the centerline of the canal, but work could take place from each side. Costs should be assessed to the benefitted property owners. Alternative No. 2 Deny the request. Several similar situations exist in the County such as River Shores, Hobart Landing, etc. Staff is reluctant to approve the request since many similar project requests may follow and a precedent would be established. MAY 20, 1997 59 GO�� PAGE ��' FFd GCCS, I I PAGE �Ij s���Q LiL 11 . •.chi LAW OFFICES OF BOG OSIAN & POWEFt--, ' CHARTERED �'.. I ,! - •. 2041 FOURTEENTH AVENUE VERO BEACH. FLORIDA 32980 February 3, 1997 Mrs. Carolyn Eggert and Members of the Board of County Commissioners County Administratiow Building 1840 25th Street Vero Beach, FL 32960 Re: Country Club Pointe Subdivision Ladies & Gentlemen: •'� . • ..•—"�."•TELI ZONE: (56U 587.3400 ..... ..... _......._..: 9581) 778.2848 WE Ciict OF COUNSEL DEBRA M. SMITH I am writing on behalf of the County Club Pointe Property Owner's Association, Inc. and the residents of this subdivision in which I also reside. There are at least 60 property owners in this subdivision and 30 or more of them reside on two boat canals in the subdivision which provide access to the Intracoastal Waterway. The problems with the complete lack of maintenance in this subdivision are many. The end of each canal has silted over and narrowed so much so that even small boats cannot get into the main canal. The banks of the canals have eroded so that the depth in the center of the canals is not sufficient for any larger boat. The banks of the canal along Calcutta Drive have become nearly impassable because of the growth of pepper trees and other bushes. There are derelict boats and trees sunk in our canal along Par Drive. Dead trees have fallen downstream into the main relief canal. All of this is not new to your Public Works Department Over a year ago I wrote to Mr. Davis, informed him of these problems, and was told that it was necessary to obtain environmental permits to do any work. I doubt that normal maintenance such as this requires special permits but in any case nothing has been done about obtaining permits. Thereafter, I wrote to Mr. John Amos at the Drainage District and was informed by its attorney that they do not do any maintenance on the main canal After all of that, itis quite obvious that our subdivision has been receiving nothing except "benign neglect". Historically, the County had been maintaining our canals and roads reasonably well. ' Recently, this has not been the case. Weare all heavy taxpayers in the subdivision and many are being assessed for water -front lots and some owners who do not live on the canals are being charged $100.00 by the County as a fee for installing docks along Calcutta Drive. For example, years ago, and whenever there was a threat of a serious hurricane, Vero Marine would shelter its larger boats in our canals. That wouldmever be possible now. All of the above deficiencies diminish the value and use of their property, and the residents request a public hearing before the Board at the earliest possible time. Very truly )yours, 16 J Rich P. Bogosian MAY 20, 1997 M rn M N Ni �o Gol Course ots $1,065LOWONE —7>r— 10 11 12 ' 13 14 Ib !6 !.1 /s l0 lI 22 1 ilife Bad Nip met 1W Mr °low& as GOLF VIEW DRIVE .r.Ve OOLf V/E PC Country Club Pointe S/0 . - Tit Mal 19W _ ate_ _ fip• fir nag $1 012 ° ° Highlight9d numbers afe land taxes paid by each lot. � mile 783 1 $827 005 $1,005 I 1,005 559 Property appraiserit land T u 10 1 $ 2 O b 41 ' �?- a appraiser advises that wate file land values average $550.00 per front foot and lots not 6 6 1 It t 1 1 !! f on water frontage average. $300.00 front footOIL— I t !! per I �• 1 � a - ° i 12 . 3 ..n. M" 4• 4 ji 13 1~ .I i Q I p • A � 6 l 118- 1 1 t e 1 r d 3 3 14 r !1 � v • 1 2 2 1 l i 1° � I 1 b Q Q; � t 1 1 1 16 Se r a" Lac ,a f . %MLL"j .. — COUNTRY CLUB: " MAC) ,r .s `" ,r MDO Y .� _ ..a ..— .��� _ • _ _tele s•w e�re+ _ — rn M N Ni �o Richard Bogosian gave a brief overview of the history of the subdivision and stated that in 1955 the plats had been dedicated to the County. He felt that the owners of property on the canals are paying much higher taxes for their waterfront property without -being able to use the canals for navigation He also believed that, lef -untreated, the canals will become more polluted and pose a health hazard. Mr. Bogoshm stated that the County had maintained the canals about 20 years ago and he believes the County should resume maintenance of these canals. Mr. Bogosian believed there are appellate court cases which support his contention that the County is responsible for the maintenance of these canals. Public Works Director Tim Davis explained that the County would have to clear land and remove landscaping to get to the canals in order to dredge them with a dragline. The canals would more properly be the province of Indian River Farms Water Control District as the mouth of the two canals in question lies within IRFWCD's main relief canal right-of-way. Director Davis expressed his concern that, should the County attempt the maintenance of these canals, a precedent would be set for other subdivisions, such as Vero Shores and Hobart's Landing, County Attorney Charles Vitunac advised that, as far as is known, no dedication of these roads was ever accepted by the County. However, even if such an acceptance of dedication were proven, the County could still abandon them, as this is strictly a policy decision Commissioner Adams commented that waterfront property is always charged a higher ad valorem tax, even if there is just a view of the water. She did not believe this is a County problem, but rather an MFWCD responsibility. Commissioner Adams did offer the assistance of County staff in the permitting process should the residents decide to attempt a cleanup themselves. Director Davis stated that the plat does not include the 300 -foot canal right-of-way. This is 1RFWCD land and their procedures do not include the maintenance of tributaries. 1VIr. Bogosian then requested that:the.County abandon any right-of-way m order that the property owners might retain the right-of-way as a private ownership. Director Davis stated that the County could abandon the right-of-way while retaining a drainage easement. 1VIr. Bogosian then questioned why Calcutta Drive residents were being charged $100 to use their docks and why the County requires them to obtain liability insurance. MAY 20, 1997 62 M Deputy County Attorney Will Collins explained that these residents did not own property fronting the canal. However, when they requested permits for docks, the County issued permits on this dedicated land and entered into license agreements with the residents. The residents were also required to obtain liability insurance in order_ to indemnify the County_ The $ 100 fee is for preparation of the license agreements, recording, risk management, and transfer of the agreements when ownership of the property is transferred. This is an attempt by the County to assist residents in that subdivision to utilize the waterfront by allowing them to build a dock off a County road. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Ginn, that the Board direct staff to research returning ownership of the canals to the property owners involved and to negotiate such transfer of ownership with Indian River Fauns Water Control District and the property owners. Marvin Carter, Carter & Associates, engineers for IRFWCD, believed that IRFWCD assumed no part of any maintenance of these canals as they are not a part of any reclamation plan and do not affect discharge through the main canal. The position of the District Board is the same as the County has taken, to assume no liability for maintenance for navigation purposes. Commissioner Adams questioned whether, if an additional assessment were paid, the District would be willing to maintain the canals, and Mr. Carter felt that was an option which could be THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously (4-0, Commissioner Tippin being absent). 10. MUMS DIRECTOR - SEARCH UPDATE County Administrator James Chandler advised that he has given strong consideration to using a search firm to assist in locating the most qualified individual for the new Utilities Director in a timely fashion He has asked for proposals and will bring back a recommendation. MAY 20, 1997 63 BUCK 1 01 CAGE 5 11.2.1. REVISION OF JUNGLE TRAIL ENHANCEMENT PROJECT The Board reviewed a Memorandum ofMay 14,1997: TO: James Chandler County Administrator FROM: Robert M. Keating, AICP "/V( K Community Development Director DATE: May 14,1997 SUBJECT: CONSIDERATION OF PROPOSED CHANGES TO THE JUNGLE TRAIL ENHANCEMENT PROJECT It is requested that the information provided herein be given formal consideration by the Board of County Commissioners at its regular meeting of May 20, 1997. One of the major initiatives of the Internodal Surface Transportation Efficiency Act of 1991 (ISTEA) was establishment of the transportation enhancement program. As adopted, ISTEA requires that ten percent of the money allocated to the Surface Transportation Program (STP), the principal fund established by ISTEA, be used for enhancements to the transportation system. In Florida, enhancement funds are allocated to FDOT district offices which then distribute these funds to projects within MPO areas, based on MPO prioritization. Once approved, enhancement projects are programmed on FDOT's five year work program, just like roadway projects. Jungle Trail Application During the first enhancement program project cycle, in 1993, Indian River County and the Indian River County Historical Society submitted an enhancement project application for Jungle Trail. As submitted, the Jungle Trail enhancement project application proposed a number of enhancement activities, including provision of bicycle/pedestrian facilities, acquisition of scenic/historic sites, landscaping, historic preservation, archeological planning, and water pollution mitigation. Funded at $2.8 million, the Jungle Trail enhancement project was the most costly enhancement project approved in FDOT district 4. In fact, the $2.8 million accounted for 50 percent of the enhancement funds available in the five county (Indian River, St. Lucie, Martin, Palm Beach, and Broward) district during the first enhancement cycle. Project Design Because of the scope of the proposed enhancement project, FDOT retained a consultant to undertake the necessary environmental studies and project design. Most of this work involved survey activities along the Trail. Other activities included identification of design alternatives, coordination with environmental agencies, and coordination with the State Historic Preservation Office (SHPO). As a result of the consultant's work and detailed coordination with county and MPO staff, it was determined that the enhancement project, as proposed, could not be constructed. With respect to hard surfacing the Trail for bicycle/pedestrian improvements, inadequate right-of-way along with minimum FDOT design requirements precluded that activity. As to pollution mitigation through shoreline stabilization on the south Trial, that was found to be infeasible because the shoreline is privately owned and environmental agencies had concerns. Alteratives Working with FDOT, county planning and public works staff tried to identify alternative designs for the proposed enhancement application activities. With respect to hard surfacing the Trail and providing for bicycle/pedestrian access, the only feasible option identified involved the north segment of the Trail and entailed closing the north Trail to vehicular traffic and allowing use of the Trail exclusively by bicyclists and pedestrians. MAY 20, 1997 0 Not only was this alternative unacceptable to the Historical Society, the co -applicant for the project, but it was also unacceptable to SHPO. Consequently, that alterative was discarded. Recently, FDOT notified the County that the Jungle Trail enhancement project was programmed for construction in fiscal year 98-99. According to FDOT, the Jungle Trail application would need to be revised to reflect activities that could be done, or the enhancement funds would be withdrawn from the project. FDOT, however, did indicate that, if the County could not revise the application to use all of the enhancement funds programmed for Jungle Trail, then the County could use the balance of the Jungle Trail fiords for other approvable enhancement projects in the County. In mid-April, County Commissioner Fran Adams, Historical Society representative Ruth Stanbridge, county planning staff, and county public works staff met with FDOT representatives to identify acceptable enhancement activities which could be incorporated in a revised Jungle Trail application. Several activities were identified. These were: • Provision of pedestrian facilities Three publicly owned sites along Jungle Trail will be improved with paved parking and restroom facilities to enhance access to Jungle Trail scenic and historic sites for pedestrians. The three sites are the Cairns property, the Old Bridgetenders site, and U.S. Fish and Wildlife Service's (USFWS's) Surman Tract. • Archeological_ Planning and Research A qualified archeologist will be retained to undertake a literature search and pedestrian survey to identify the location, extent, and significance of archeological sites (primarily shell middens) on publicly owned sites along Jungle Trail. The purpose of the archeological work will be to establish a Jungle Trail archeological district. • Historic Road Signage A series of signs identifying Jungle Trail as an historic road will be designed, constructed, and installed along the Trail. Subsequent to that meeting, planning staff revised the Jungle Trail enhancement project application to reflect these new activities. A copy of the revised application is attached. • Cost Staff estimates that the cost of the project, as revised, will be $460,000. Most of this amount is programmed for the proposed parking lot and restroom improvements. If approved by FDOT, the project will be managed by FDOT, with FDOT responsible for selection of consultants and contractors, design of the improvements, and construction. County staff will have a coordinating role. As approved, the Jungle Trail enhancement project had a budget of approximately $2.8 million. While some of those funds were used for consultant work related to the original application, a significant amount remains. Since the proposed revised Jungle Trail enhancement project is estimated to cost only $460,000, there will probably be at least $1 million remaining from the amount programmed for Jungle Trail. Because FDOT has indicated that unused Jungle Trail enhancement fiords may be used for other acceptable enhancement projects in the County, staff has identified several other possible projects. These are as follows: • Roseland Bikepath* $134,160 • Royal Paha Pointe Project $520,000 • Fellsmere Road (CR512) Bikepath* $183,750 *described in separate staff report - In identifying alternative projects, several factors were considered. First, it was necessary that adequate right -off -way be in place for any proposed project. This criterion eliminated a number of possible projects. Second, the project must not have major design problems. Finally, the project must have community support. • ftiect Revision As the applicant and project sponsor for the Jungle Trail enhancement project, the Board of County Commissioners is responsible for the scope of the project. As such, the Board may revise the focus of the application. Any major revision to the application, however, must be approved by the MPO prior to acceptance by FDOT. MAY 20, 1997 65 1 BOOK 101 PAGE 53U Since the activities reflected in the original Jungle Trail application cannot be undertaken, it is necessary to either revise the application or lose the enhancement funds programmed for the project. As proposed, the revisions to the project will result in several improvements to the Trail. The parking areas, restrooms, signage, and archeological work will all benefit the Trail. While the amount of money focussed on the Trail will be reduced with the proposed project revisions, the balance of the currently programmed enhancement funds can be used for other needed projects in the County. Staff recommends that the Board approve using excess Jungle Trail enhancement funds for the projects referenced above. Although other eligible enhancement projects could be approved, those identi'iied-above iiieet necessary requirements, particularly the requirement that adequate right-of-way is available to construct the project For those reasons, staff recommends that the Board approve revisions to the Jungle Trail enhancement project application and identify other eligible enhancement projects to be funded with unused Jungle Trail enhancement project funds. Staff recommends that the Board of County Commissioners approve the attached revised Jungle Trail enhancement project application and authorize staff to transmit the revised application to the MPO. Staff also recommends that the Board of County Commissioners designate the Roseland Bikepath project, the Royal Palm Pointe project, and the Fellsmere Road (CR512) Bikepath project as enhancement projects to be funded with unused Jungle Trail enhancement project funds. A V_- /VentA UNOLE-IM P ,I. y �HANCEMENI -PROMO (res5 PROPOSED PUBLIC ACCESS SITES PUBLIC ACCESS t '.:T , C BRIOCE TENDERS SITE PUBLIC ACCESS ~--- MAY 20, 1997 i , � � r The Board also reviewed a letter of May 20, 1997: Indian Rivur County Historicalsociety 911C. ' 2336 14th Avenue Vero Deacll, Florida 32961 A C. �� Vero` Station P. O. [fox 6535 407!778.3435 Estsblished 100 Honorary DiNCtOrt Dr. Eugene Lyon Charlotte Lockwood May 2t). 199 John J. Schumann. Jr. Chairman Carolyn Eggert and Members of the Indian Rivcr County Coaunission 1840 25t11 Street Vero Beach, Florida 32960 Dear Mrs. T;ggert and Commissioners: The Indian River County I historical Society would like to thank you for the opportunity to address this Commission on the revised application for enhancement fronds for the Junglc 'frail project. In mid-April, the Society was incited to attend a meeting with lie FDOT to discuss enhancement activities that could be incorporated into a revised application. As representative of the Society, l had discussed several pedestrian facilities with Bob Keating that would lie constructed on publicly owned land. Other activities that were: eligible for this enitancenleru funds were archaeological planning and research and landmark signs. On May 12, I received a copy of the county's drag revised application with a map of the pedestrian facilities and a description of the research and signage. On May 13, clarification and comments on this draft were submitted to cotuny staff Today, the Historical Society wishes to offreially request that these clarifications and additions be added to the revised application, Bieycic/Pedcstrian Facilities: To maintain the scenic and historic Jungle Trail, the Society believes that small public facilities as proposed are the proper tray to protection, preserve, and restore this greenway The Society would like the area adjacent to the koratlgv Site and owned by the USFWS to be added to the three sites on the proposed application. This site was idanified in the meeting with iDOT and has also been identified by the Pelican Island Working Group as an area that would provide access to the Jungle Trail Greenway from the north. Some additional funding should be added to the total construction and landscape amounts. !_Archaeological Research; The Society would like to clarify the description of lite archaeological research by adding a statement that says "This activity should seek to establish a Jungle Trail archaeological district and multiple property submission for the National Register." Also the mcthnds used to complete the above goal should be tell to the professional archaeological consultant and not limit these professionals to surveys or methods described in this application. The cost for this research activity will not he increased with these suggestions Historic Road IdcJtlificalictt Sietns: This activity will protide ftmds for signage along the length of Jungle "frail. The Society suggests that additional funds be added for smaller information sihmage in the bioyelc/pedartrian facilities. The estimatcd additionnl funds nct:ded wotild be 510,000. During the past few years, the Society has provided a successful historic marker program in the count}'. This program follows guidelines set by the Florida Department of State, Bureau of I iistoric Preservation. The Society would be happy to provide the proper research and inscription for all of file signs used oil Jungle Trail and in the public facilities. Of course, we are disappointed that the entire amount originally requested for Jungle Trail can not be use to address the very real problems that exist along Jungle Trail such as the stabilization of the shoreline, the retention of the runnfl', or the restoration and landscaping of the entire length of this greenway, but we are glad that the unused monies will be available to complete other bieyelelpedestrian projects in our county. Thank you for the consideration of these additions to the revised Jungle frail application. MAY 20, 1997 67 Sincerely, (e.Xt Ruth Stanbridge Chairman, Junglc Trail Committee `` 9 BOOK -01 PAGE 5J� 501 K 101 f'A,UE 533 Community Development Director Bob Keating stated that this item and the next item both relate to the enhancement program, Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Staff is requesting that the Board approve the revised Jungle Trail enhancement project application and designate the Roseland Bikepath project, the Royal Palm Pointe project, and the Fellsmere Road (CR -512) Bikepath project as enhancement projects to be funded with the unused Jungle Trail funds of approximately $3,000,000 which DOT has approved using for other County projects. Director Keating continued that there are several other projects which will benefit from these funds; Indian River Boulevard paved shoulders; the causeway connector shortfall; the Gifford medical connector, and the AlA bikepath. Ruth Stanbridge of the Historical Society advised that the activities for the archaeological district will be only on publicly owned land. Chairman Eggert requested that "district made up of publicly owned land only" be added to the description of the proposed Jungle Trail archaeological district. Ruth Stanbridge added that the Korangy Site needs to be an added activity as the signs are large and miles apart. MAY 20, 1997 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board (4-0, Commissioner Tippin being absent) unanimously approved the revised Jungle Trail enhancement project application; authorized staff to transmit the revised application to the MPO; designated the Roseland Bilcepath project, the Royal Palm Pointe project, and the Fellsmere Road (CR512) Bikepath project as enhancement projects to be funded with unused Jungle Trail enhancement project funds; and authorized additional signs as deemed necessary, pursuant to staffs recommendations. APPLICATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MMMO-W418910-1-M &13003 68 M � � r 11.).2. TRANSPORTATION ENHANCEMENT PROJECT APPLICATION - AUTHORIZATION TO SUBMIT The Board reviewed a Memorandum of May 13, 1997: TO: James E. Chandler County Administrator DE WTMENT HEAD CONCURRENCE i� Robert M. Keating, P Community Developme Director FROM: Keith Burnsed, AICP MPO Planner DATE: May 13, 1997 SUBJECT: REQUEST FOR AUTHORIZATION TO SUBMIT TRANSPORTATION ENHANCEMENT PROJECT APPLICATIONS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 20, 1997. The federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) mandates that 10% of all Surface Transportation Program (STP) funds allocated under the provisions of the act be available for transportation enhancements. Funding for enhancement projects is distributed through the FDOT District Offices. Enhancement projects are projects which go beyond traditional transportation projects, yet enhance the transportation system. To be eligible for funding, proposed enhancement projects must have a direct relationship to the intermodal transportation system, and this relationship must be one of either function, proximity, or impact ." Qualifying activities which can be funded with enhancement funds are limited to the following:' a) Provision of facilities for pedestrians and bicycles b) Acquisition of scenic easements and scenic or historic sites c) Scenic or historic highway programs d) Landscaping and other scenic beautification e) Historic preservation f) Rehabilitation and operation of historic tra.*:sportation buildings, structures or facilities (including historic railroad facilities and canals) g) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails) h) Control and removal of outdoor advertising i) Archaeological planning and research j) Mitigation of water pollution due to highway runoff MAY 20, 1997 4 BOOK 101 PAGE 5J`-,`i` E �i b02"K "10i PAUL 53u1 Applicants for enhancement projects may be local governments, state agencies, state or national interest groups, or local interest groups. In areas with MPOs, the MPO must receive and formally submit the applications to FDOT. Each enhancement project application must have a project sponsor. The project sponsor must be a local, state, or federal agency which will provide the required funding match and undertake necessary actions to implement the proposed project. The project applicant and project sponsor may be the same. While the MPO must submit the enhancement applications to FDOT, the County and municipalities, as project sponsors, play the largest role in the enhancement application process. It is the local governments that decide which projects to submit for enhancement funding. In the four years since applications for enhancement funding have been accepted by FDOT, several projects within the MPO area have been funded through placement in FDOT's Five -Year Work Program. These projects include the Jungle Trail project, Sebastian Riverfront project, North County Recreation Route project, South County Recreation Route project, and Causeway Connector project. This is the first year since 1995 that enhancement project applications are being solicited by FDOT. In 1996, existing approved enhancement projects required all enhancement funding available, so FDOT opted not to add any enhancement projects to the current work program last year. While new enhancement applications were not submitted in 1996, FDOT did complete development activities for existing applications, including the Indian River County projects listed in Attachment 1. This year, FDOT has informed all MPOs of the estimated amount of enhancement funding available in the upcoming Work Program cycle. The amount allotted to the Indian River County MPO area will be approximately $290,000, to be programmed in the new fourth year of FDOT's upcoming Five -Year Work Program, state Fiscal Year 2001/2002. There is no required match for this cycle of enhancement funds, but the project sponsor must commit to maintain the project. While this year's applications will exceed available funding,_._revisions to the county's Jungle Trail application may make available additional enhancement funds. FDOT has informed the MPO that any excess funds from revisions to the Jungle Trail project will be spent on enhancement applications in Indian River County. In choosing potential enhancement projects, staff used as inputs the county's current 1988 bikepath and sidewalk plan, School Board staff's sidewalk priorities, and coordination with local government staff and citizens. The current bikepath and sidewalk plan is now in the final stage of being revised. The current plan as well as the new revised plan consider the provision of travelways to schools as one of the primary criteria in deciding the location of sidewalks and bikepaths. As such, the sidewalks and bikepaths near schools are given priority. This priority is being implemented through sidewalk and bikepath construction projects, including several recent enhancement projects. Because enhancement project right-of-way purchases must be made in accordance with federal right-of-way purchase regulations, the right-of-way component for enhancement projects can be cost prohibitive. For that reason, FDOT has discouraged applicants from including projects which may need right-of-way. As proposed, none of the potential 1997 enhancement applications require right-of-way. In addition to staff's proposed enhancement projects, there are several areas in need of sidewalks and bikepaths. Since enhancement projects should not include right-of- way purchase, the county is unable to use enhancement funds for all needed projects. Therefore, staff has selected the most needed projects which have right-of-way available for enhancement funds. Working together, the County Public Works and Community Development Departments have developed five potential enhancement projects. These are briefly described below: MAY 20, 1997 70 M Approximately one mile in length, the Roseland Bikepath would be placed along Roseland Road from 126th Street to US 1. This project would connect the Roseland Community to shopping and other amenities at the Roseland Road/US 1 intersection. Approximate cost: $134,160 This project would extend the recreation path adjacent to State Road AIA from CR 510 northward to the Indian River/Brevard County line. The project is 7 miles in length, and the approximate cost is $1,231,400. To provide pedestrians and bicyclists a safer place to walk along CR 512 in Fellsmere, this project would place an eight -foot wide separated path along CR 512 from Willow Street to Myrtle Street. The project would connect City Hall, city parks, churches, and the CR 512 commercial district in Fellsmere. Approximate cost: $183,750. This project would provide a sidewalk along US 1 to help connect the Gifford Community to commercial and medical facilities. The sidewalk along US 1 would connect 37th Street to 45th Street. The estimated cost for this project is $186,625. The segment of Indian River Boulevard between the 17th Street bridge and the new Merrill Barber bridge does not have a paved shoulder, causing cyclists to join with traffic in this busy area. This project would add paved shoulders to the roadway. The estimated cost for this project is $141,000. As in previous enhancement cycles, the MPO is responsible for prioritizing the projects for funding consideration by FDOT. This prioritization will occur in August/September 1997, when the MPO develops its annual lists of project priorities. Staff recommends that the Board of County Commissioners authorize staff to submit the above referenced transportation enhancement project applications, agree to be the project sponsor for the applications, and authorize the chairman to execute a project sponsor certification statement for each application. Attachment 1 Examples of Current Indian River County ISTEA Enhancement Projects Jungle Trail A locally designated scenic and historic roadway, Jungle Trail is an unpaved scenic drive which runs along the Indian River for much of its length, which extends from Old Winter Beach Road on the south to SR AIA north of the Town of Orchid. This project was approved for funding in 1993, the initial enhancement project application cycle. While the scope of the project is not yet final, it will likely include markers for historically significant sites, research concerning archaeological sites along the Trail, and parking/restroom improvements on publicly owned sites along the Trail to accommodate bicycle/pedestrian access. Sebastian This project was proposed to provide a scenic path for bicyclists and pedestrians Riverfront adjacent to Indian River Drive in the City of Sebastian. Local officials and interest groups are currently discussing alternatives for the location and design of the facility. Approximately $600,000 in enhancement funding is currently budgeted for this project. _ MAY 20, 1997 71 North County A connected series of bikepaths and sidewalks will be built when this project is Recreation Route complete. A separated recreation path along SR AIA will be built, extending the present path from its terminus at Indian River Shores northward to County Road 510. The path would then extend along CR 510 to 66th Avenue. A sidewalk along 66th Avenue is also proposed from Barber Street to 77th Street. Presently, the SR AIA path is under design. Approximately $1,300,000 in enhancement funding is currently budgeted for this project. Vero Beach This project proposes a separated path along Indian River Boulevard connecting Causeway the 17th Street bridge to the new Merrill Barber Bridge. Sidewalks would also Connector be built along Royal Palm Boulevard, Royal Paha Place, and 23rd Street to connect to existing sidewalks. Approximately $200,000 in enhancement funding is currently budgeted for this project. South County The South County Recreation Route will provide pedestrian and bicycle access Recreation Route to the South County Regional Park, the Vero Beach Highlands and J.A. Thompson Elementary Schools, Oslo Middle School, and the US 1 commercial area. Separated paths or sidewalks will be built along 27th Avenue south of the South Relief Canal to 14th Street SW, 4th Street to connect to US 1, Oslo Road to connect to US 1, South US 1 to complete the sidewalk between the South Vero Square shopping center and 10th Street, and Highlands Drive between the B-10 Canal and US 1. Approximately $200,000 in enhancement funding is currently budgeted for this project, with Indian River County providing additional funds to complete the project. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board (40, Commissioner Tippin being absent) unanimously authorized staff to submit the transportation enhancement project applications, agreed to be the project sponsor for the applications, and authorized the Chairman to execute a project sponsor certification statement for each application, pursuant to staffs recommendations. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD V WON 10 V� 11.A.3. LOST TREE VIU AGE CORP. - ROAD RIGHT -OF WAY AND CONSERVATION LAND AS PARTIAL MMGATION FOR DEVELOPMENT OF TWO SINGLE-FAMELY RESIDENCES - WABASSO ISLAND The Board reviewed a Memorandum of May 12, 1997: MAY 20, 1997 72 TO: James E. Chandler County Administrator DEPAR T HEAD CONCURRENCE: Ro ert .Keating, CP / a4 Community Development Director 11WD FROM: Roland M. DeBlois; AICP Chief, Environmental Planning DATE: May 12, 1997 SUBJECT: Request for County Acceptance of Road Right -of -Way and Conservation Land from Lost Tree Village Corporation as Partial Mitigation for Development of Two Single -Family Residences on Wabasso Island It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 20, 1997. DESCRIPTION AND CONDITIONS Lost Tree Village Corporation ("Lost Tree") owns approximately 7.64 acres of land bisected by Live Oak Drive on wabasso Island, southeast of the Environmental Learning Center (ELC) (see attached map). The subject property consists of uplands and wetlands, and is zoned RS -I, single-family residential, and Cont,_Estuarine_Wetlattds_Conservation. Lost Tree proposes to create two single-family parcels out of the subject property, and fill approximately 0. 17 acres of wetlands to allow for access and development of existing upland areas. Lost Tree has obtained wetland alteration permits from the St. Johns River Water Management District (SJRWMD) and the Army Corps of Engineers (ACOS) for the work, with wetland impact mitigation proposed as follows: Donation of $18,050 to the ELC for upland plantings and the removal of exotic -vegetation. from ±1.45 acres along the Indian River Lagoon shoreline near the existing ELC dock; Deeding of 1.45 wetland acres west -of -Live Oak Drive to the County (for incorporation into ELC leased land); and Deeding of a 60' wide right-of-way to the County for Live Oak Drive, where Live Oak Drive bisects the subject property. (Although the County maintains that portion of Live Oak Drive, which is a paved road, the County does not officially own the right-of-way.) This memorandum is presented for the Board to consider acceptance of deeds for the described conservation land and right-of-way. ANALYSIS General Sub&wsion & Zoning Requirements The subject Lost Tree property has not been subdivided since at least 1983. Therefore, the property qualifies for a "one-time split" for the creation of two parcels, without need for formal platting. As proposed, each of the two parcels would satisfy the minimum parcel size and road frontage requirements of the RS -1 zoning district. Minimum yard setback requirements for the RS -I zoning district are 30 feet for front and rear yards, and 20 feet for side yards. Moreover, County Code Section 929.07 requires a 50 foot building setback from the Lagoon mean high water line for unplatted parcels adjacent to an aquatic preserve of the Indian River Lagoon. That requirement applies in this case. This setback may be reduced to 20% of the parcel depth perpendicular to the Lagoon waterway, whichever distance is less. Staff has reviewed the proposed parcel split and setback requirements, and has determined that development on the two proposed parcels could feasibly satisfy these requirements. County Wetland Protection Requirements County Code Chapter 928, Wetland Protection, requires a county wetland permit for proposed wetland alteration. Environmental planning staff has reviewed the proposal as permitted by the MAY 20, 1997 73 6CCK 102L MU �c�� BOOK FAGS 50� SJRWMD and the ACOE, and finds that the proposal satisfies county wetland protection criteria. Therefore, a county wetland permit will be forthcoming, contingent upon the Board's approval of the proposed deeding of right-of-way and conservation land. Acceptance of RDW & Conservation Land The County Public Works Director has reviewed the proposed deeding of Live Oak Drive right-of- way to the County, and has indicated that County acceptance of the right-of-way would be in the public interest from a maintenance control standpoint. The 1.45 acres west of Live Oak Drive proposed to be deeded to the County would round -out the County's ownership on Wabasso Island, and would be a logical addition to the land currently under long-term lease to the ELC. County ownership of the 1.45 acres would allow for overall, consistent wetland restoration and management on southern Wabasso Island in conjunction with ongoing ELC restoration projects. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the proposed donations (described herein) of a 60' wide Live Oak Drive right -of --way and 1.45 acre conservation area from Lost Tree Village Corporation. Moreover, staff recommends that the Board authorize staff to take the necessary actions for the County to obtain legally sufficient title to the described property. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously accepted the proposed donations of a 60 -foot wide Live Oak Drive right-of-way and 1.45 acres conservation area from Lost Tree Village Corporation and authorized staff to take the necessary actions for the County to obtain legally sufficient title to the descnbed property, pursuant to staffs recommendations. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE W-4 n;1 • r. : •7 ; HAA HABITAT FOR Y ASSISTED SHIP APPLICANTS AND COADIUNITY DEVELOPMENT BLOCK GRANT ASSISTED SHIP APPLICANTS — PROPOSED SPECIAL CREDIT REQUIREMENTS The Board reviewed a Memorandum of May 13, 1997: MAY 20, 1997 74 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keating, AICP / Community Development Diredr FROM: Sasan Rohani, AICP C—::; - /C Chief, Long -Range Planning DATE: May 13, 1997 SUBJECT: REVIEW OF PROPOSED SPECIAL CREDIT REQUIREMENTS FOR HABITAT FOR HUMANITY ASSISTED SHIP APPLICANTS AND COMMUNITY DEVELOPMENT BLOCK GRANT ASSISTED SHIP APPLICANTS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 20, 1997. As adopted, the county's Local Housing Assistance plan requires that eligible persons applying for assistance through the Local Housing Assistance Program must have bad a valid, satisfactory credit rating for a minimum of one (1) year prior to receiving approval for any application. For applicants applying for both SHIP funds and a loan from a financial institution, the applicable financial institution determines whether each applicant's credit is satisfactory based upon the applicable financial institution's credit standards. For all other applicants, county staff assesses the applicant's credit based upon the information provided in a credit report from one of the three national credit reporting agencies. For all SHIP loans except rehabilitation loans, an applicant will be deemed to have satisfactory credit if the applicable credit report shows that, in the previous 12 months, the applicant had: - No more than (4) 30 day late payments - No more than (1) 60 day late payment No 90 day late payments - No more than 2 collections - No collection or combination of collections more than $500.00 Judgment liens for medical expenses may be acceptable if a repayment plan is established and payments have been made for at least the previous 12 months. Regardless of an applicant's credit history for the previous 12 months, an applicant's credit will NOT be considered satisfactory if the applicant's credit history shows: - Any charge offs that were not subsequently paid or discharged in a bankruptcy - Active judgments against the applicant - Repossessions with a remaining balance payable by the applicant - Bankruptcies that have not been fully discharged for two years with no new negative credit history Recently, the issue of whether to treat Habitat for Humanity assisted SHIP loan applicants and Community Development Block Grant assisted SHIP loan applicants differently has arisen. This report addresses that issue. Although the state imposes a number of requirements on SHIP program administration, those requirements do not involve credit standards. Instead, establishment of credit standards is a county requirement, and the county can revise its credit standards as appropriate. Two situations, in particular, warrant consideration for establishing special credit requirements. One involves SHIP loans to Habitat for Humanity applicants, while the other involves SHIP loans to applicants participating in the CDBG program. MAY 20, 1997 75 6C'K 2lJ rA�t LOCK 1 UAE. • Habitat for Humanity Cutrently, the county is working with Habitat for Humanity to provide decent housing for very low income households. On occasions, Habitat for Humanity applicants have credit problems which, in turn, do not satisfy the above referenced credit requirements established by the county for SHIP applicants. In most cases, however, both county staff and Habitat for Humanity staff believe that less stringent requirements should apply to Habitat for Humanity assisted SHIP applicants. Thefollowing$re reasons to apply different, less stringent requirements to Habitat for Humanity applicants. Credit verification is a county requirement, not a state requirement. Therefore, the county has the ability to modify it as appropriate. Besides assisting very low income households with the purchase of housing, Habitat for Humanity assists those households with lifestyle changes. In many instances, these households have credit problems and cannot satisfy conventional lending/credit requirements. The major reason for requiring satisfactory credit is to ensure that mortgage payments are made on time, thereby reducing the chance of foreclosure and loss of loaned funds. With SHIP loans, this is of less concern smce.no monthly payments are required; SHIP loans are `due on sale'. In addition, Habitat for Humanity's loans are usually in the amount of $30,000 to $35,000, while the county's loans are in the amount of $15,000. Habitat for Humanity houses, however, are generally appraised between $50,000 to $60,000. Therefore, there is approximately $5,000 to $15,000 of equity built in the homes; so if there is a foreclosure, the county's loan is secure. Habitat for Humanity works with applicants prior to closing and at least two years after closing to ensure that credit problems are fixed, mortgage payments are paid on time, and the applicant is assisted in overcoming any unexpected problems that they may encounter. The applicant must have clean credit or establish a payment schedule to pay down any chargeoffs, judgments, and other debts. Habitat for Humanity's nationwide foreclosure rate is 0.8%. A Florida appellate court has held that lenders (Board of County Commissioners through SHIP) who loan purchase money in exchange for a, mortgage on property to be acquired have a priority in the proceeds of sale, superior even to pre-existing judgments of record. Given the reasons stated above, staff feels that the county could establish the following special credit requirements for Habitat for Humanity assisted SHIP applicants and still ensure that county loans are secure. Proposed Special Credit requirements for Habitat for Humanity Assisted SHIP applicants: MAY 20, 1997 Habitat for Humanity applicants will be deemed to have satisfactory credit and the county loan will be deemed to be secure if applicants meet the normal established SHIP program credit requirements or if the appraisal of the home indicates that at least $5,000 in equity, above Habitat for Humanity's first mortgage and the county's subordinate mortgage, exists and if: * The applicant has no chargeoffs; or if undisputed chargeoffs exist, a payment plan has been established for paying down any existing chargeoffs and at least 12 consecutive payments have been made by the time of closing. * There are no active judgments against the applicant; or if undisputed active judgments exist, a payment plan has been established for paying down the judgments and at least 12 consecutive payments have been made by the time of closing. * There are no motor vehicle repossessions with a remaining balance payable by the applicant; or if undisputed repossessions with a remaining balance exist a payment plan has been established to pay down the remaining balance of any existing repossessions and at least 12 consecutive payments have been made by the time of closing. * For any chargeoff, judgment, or repossession less than one year old or any judgment lien for medical expenses, a payment plan has been established for paying down the chargeof% judgment, repossession, or medical judgment and the applicant is current with the payment schedule. T M M Bankruptcies have been fully discharged for at least one year with no negative credit history. If there are any disputed chargeoffs, judgments, or repossessions, the applicant must submit a written reason(s) for the dispute, and Habitat for Humanity as a first lender must provide a written document to the county that states that Habitat for Humanity believes that the dispute is justifiable and it stands ready to make the first loan. Community Development Block Grant In August 1996, Indian River County's Community Development Block Grant (CDBG) application was approved by the State Department of Community Affairs. Thepurposeof the grant is to provide for street and drainage improvements, water line extensions, and water connections to the Colored School and Whitfield subdivisions in the Wabasso area. To assist very low and low income households of both subdivisions with the cost of connecting to the county water system, the county pledged $200,000 of SHIP funds as part of the CDBG application. By pledging county SHIP funds, the county acquired more points, and the CDBG application was approved. The cost of the street and drainage improvements, the water line extensions, and the water connections in the Whitfield and Colored School subdivisions are being paid using CDBG funds totaling $750,000. Without the CDBG funds, the cost of the infrastructure improvements would fall on the residents that benefit from the improvements. Although CDBG funds will pay for all of the improvements listed above, there are some costs associated with connecting to county water that cannot be paid with CDBG funds. These include impact fees, and any required plumbing improvement costs. These costs, however, can be paid with county SHIP funds for qualifying -families. Per CDBG requirements, all residents must connect to county water to be considered benefiting recipients. According to the county's Local Housing Assistance Plan, applicants for rehabilitation and impact fee loans will be deemed to have satisfactory credit if the applicable credit report shows that there are no active chargeoffs or judgments against the applicant. With CDBG assisted applicants, there is a concern that some residents in the target area may not meet the county's credit requirements. If that is the case and target area residents have insufficient funds to connect to the water system, the county's CDBG grant may be jeopardized. To connect to the county water system, an impact fee of $1,300 is required. In some cases a rehabilitation loan to repair plumbing facilities may be needed. Where required, rehabilitation loans should not exceed $200. For eligible households, these costs can be paid by SHIP loans. Although credit requirements may make some target area residents ineligible for SHIP loans, staff feels that the county's interest will be secured by a lien on the household's real property that is recorded with the SHIP loans. Since reducing credit requirements for CDBG assisted applicants will ensure that CDBG requirements will be met, staff feels that it would be appropriate to waive SHIP credit requirements for CDBG assisted SHIP applicants. On May 8,1997, the Affordable Housing Advisory Committee (AHAC) reviewed these special credit requirements for Habitat for Humanity and Community Development Block Grant (CDBG) assisted SHIP loans and recommended that the Board of County Commissioners approve these special credit requirements as proposed The Affordable Housing Advisory Committee (AHAC) and staff recommend that the Board of County Commissioners approve the proposed special credit requirements for Habitat for Humanity assisted SHIP loans. Also, AHAC and staff recommend that the Board of County Commissioners waive the local housing assistance plan credit requirements for CDBG assisted applicants only. MAY 20, 1997 77 1 "101PACE 5 ij ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board (4-0, Commissioner Tippin being absent) unanimously approved the proposed special credit requirements for Habitat for Humanity assisted SHIP loans and waived the local housing assistance plan credit requirements for CDBG assisted applicants only, pursuant to staffs recommendations. - 11.E. SOLID WASTE $89240,000 BONDS, SERIES 1988 - PAYOFF (CLERK'S NOTE: SEE ALSO "SOLID WASTE DISPOSAL DISTRICT MINUTES" The Board reviewed a Memorandum of May 14, 1997: TO: Members of the Board of County Commissioners DATE: May 14, 1997 SUBJECT: PAY-OFF $8,240,000 SOLID WASTE BONDS, SERIES 1988 FROM: Joseph A. Baird Office of Management and Budget, Directo . DESCRIPTION AND CONDITIONS In the meeting of November 5, 1996, the Board of County Commissioners approved paying off the Solid Waste $8,240,000 Bonds, Series 1988. 58,240.000 Solid Waste Disposal Bond Issue, Series 1988 The $8,240,000 Solid Waste Disposal Bond Issue, Series 1988 has 6.960/6 average interest rate, $3,820,000 in principal balance (after June 1, 1996 payment), and an anmiai payment for the 1997/98 fiscal year of $920,175.00. Over three years ago staff looked at refinancing the Solid Waste bonds when interest rates were at their lowest point, but we were unable to do so because these bonds mature in the year 2002 and there was not sufficient time to capture issuance cost and have a present value savings. The Solid Waste Disposal District has sufficient cash to pay-off the bonds and I feel this would be in the best interest of the County. We have firture capital needs, but those could be accomplished by utilizing remaimng cash in the Solid Waste Disposal District or mterfund borrowing and if absolutely necessary a firture bond issue. By paying off the bond issue we will reduce the 1997/98 debts of $920,175.00 and will also reduce the budget. This will assist in offsetting an increase in the Solid Waste assessment. The chart below shows the Sources and Uses of the fiords. USES: Principal Amount $3,820,000.00 Premium (1.01%) $38,200.00 Estimated Interest thru July 1, 1997 $23,000.00 Estimated Defeasance Cost $15,000.00 TOTAL USES $3,896,200.00 MAY 20, 1997 78 SOURCES: Solid Waste District Fund 411: Sinldng Fund Reserve Cash $939,750.00 Sinking Fund Cash $1,003,745.00 Capital Construction Cash $318,792.00 Renewal and Replacement Cash $1,633,913.00 TOTAL SOURCES $3,896,200.00 RECOMMENDATION Staff recommends that the Board authorizes staff to proceed in paying off the above bond issue utilizing the funds as set forth. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board (4-0, Commissioner Tippin being absent) unanimously authorized staff to prod in paying off the bond issue utilizing the funds as setforth in stafrs memorandum, pursuant to staffs recommendations. 11A OUT-OF-STATE HEALTH BENEFITS - ADDITIONAL INFORMATION REQUESTED BY THE BOARD The Board reviewed a Memorandum of May 12, 1997: TO: James ,,(� E. Chandler, County Administrator FROM:__ Ron4.?Baker, . Personnel Director DATE: May 12, 1997 RE: Board's Request"%r`-Additional information in Regards to Out -of -State Health Benefit BACKGROUND: At the Board meeting of May 6, 1997, the Board of County Commissioners requested additional information regarding the out-of-state benefit,__which is attached. In addition, Mackie Branham with. O'Neil, Lee & West will be available to discuss the out-of-state benefit and to answer questions. RECOMMENDATION: Due to the overall cost exposure to the health plan, staff recommends the benefit for out-of-state members remain at the 80/20 co-insurance with a $200.00 deductible. MAY 20, 1997 79 GG ?I( 10i FAGE 5' INDIAN RIVER COUNTY IN FLORIDAIOUT-0F FLORIDA OPTIONS AVilk] T E L ADD - 815 Offlce visit Co -pay for 16 Out -of -Florida Retirees Participants (Current Benefits - 8200 deductible, 80% Co-insurance, no balance billing for PPC Providers) • Members treated differently by location by omitting deductible to Out-ot=State PPC Providers • Florida Retirees and Employees will not have the same benefits Non -PPC Providers - subject to $300 deductible, 60016 Co-insumce • Inascaso Exposuro is $118S.00 per Member x 16 participants — $18,960 Annual Exposure IL ADD - $15 Office visit for all Ont -of -Florida PPC Providers • All Members treated equally by locations • i3ighent coat to County (Iadamnity typo plan) - 3% increase is Aggregate Liability factor - (293.28 to 302.08) Claims 8.80 x 1295 m $11.396 x 12 - mon tbly exposures or 136,752 amwal exposure • Underwriter's Consideration - 4500 Par i4ants - Students away at school - Separate Faadly Members Outside -of -Florida - COBRA recipients Outside -of -Florida - Employee Traveling Ouuid"f-Florida 111. LEAVE BENEFITS AS THEY WERE QUOTED • All Members treated equally as far as a deductible exposure • Benefits determined by Point of Service Coat= • Benefits matched previous Acordia Plan per A.F.P. • Lowest cost to County MAY 20, 1997 80 W bcnv 10 PAGE blu Cross A BENEFIT- COMPARISON ;'; BlueShhWW for Employees of Indian River County _�.u�.... n cy mn4-Rr _u. BENEFIT Indian River Countv's BCBSF's Preferred Patient Care'" 1995 Benefit Plan I (PPCI - Effective 10/01/% PPO PROVIDER NON -PPO PPC PROVIDER NON -PPC Deductible - Per Person t_ per tatn[iv, 5200 5300 5200 I 5300 ri.rn:r r -; •:,,> r d: r to i o ' uuimrdtmis m rmnrUr (la c to smsru f Amt M-1. numbers darns go toward irnoanRr.'rt6+nornu aoorormarednimuhle I satlsj*g2dedadibles(gprgaw Coinsurance 80% 609 809 609c Out-ot-Pocket Maximum (2 per tamily) 52.000 I 54.000 52A()0 54,000 Cw+runietrucni it d!n> not a[griv ttrturd ? indmiduals nt rami!u ime to satrsry tilemit-f-w Act nlarllrrlrm I appropriate marnmtm Anytanubj member's down go toward satisftmg2 na> laggregatt) Per Admission Deductible (PAD) Wnridlrvr.•rces m"Idediv 5200 55005200 l 5500 lndwv Rl: rr adc rnornrl B. Inpatient 80% I 60`i0 Lifetime Maximum 51.000.000 51.000.000 1. Phvs[c[an Sen -ices 31 Inpatient dausrrtsns per Person 3I Inpatient dausmis[ts per person A. Office Visit I 515 copav I 60% I 515 copay 60% B. Other Services Provided in Dr's Office 1 80% 60% 100% 60% C. Other Services 80% I 60% j 80% I 60% 11. Hospital I I , I A. Outpatient Hospital & Surgical Centers 80% 609 80% 609 B. Inpatient 80% 60% 80% 60% C. Emergencv Room for Accident $50 copay $50 copay 100% 100% WSW baiance subiect to normal V1. Pre--cnrnon Druz reta[i and maii order deductible/eonumanee II1. Other 1 1 Partrapanng vnarmacv I 58 copay 510 copay I 58 copay i $16cD y A. Preventive i 609 1. Annual Health Assessment I n/a nia S15copay Non -covered EnrPdouee oniv, deductible war, I S?00 maximum per calendar vein _. Well Child (limitations apply) i 809 609 I 515 copay j 60% 80% - 510.000 maximum per person 80% - S10A00 maxurtunt per person per calendar vear per mlendar uear B. Skilled Nursing Facility 80% - S23W maximum per person I 8017o - S2a00 maximum per person per calendar uear per calendar year C. Home Health Care I. n/a 1 809 n/a 1 80% D. Senices Outside Service Area R'. Mental Health 515 copay I A. Outpanent (Ist 10 visits) � 6007c i I S15copay 6090 f -limitation ; 55.000 mxr m im per person i 55.000 mrnmunt per person per calendar veer per calendar utar B. Inpatient 80% I 60`i0 800/c I 609 -unrtnrtion 31 Inpatient dausrrtsns per Person 3I Inpatient dausmis[ts per person per calendar vear per calendar near C. Partial Hospital i 80% 60% 80% 1 609 iinrn noir Not to exceed cost of 31 invattent daysmisits Uot to exceed cost of 31 intmttent dausivisus Per calendar ucar Per calendar Year j V. Alcohol and Druz Abuse i 809 60% 809 - 6007c brraaevrr. c urtxrne [a. ar f S10A00lifetime maximum per member j S10,000 Iifct»nc [naxmtun: pct member • : onrrnrnnmr n* ; •�• c tris V1. Pre--cnrnon Druz reta[i and maii order i 1 1 Partrapanng vnarmacv I 58 copay 510 copay I 58 copay i $16cD y Non-Parnarannz harmacv i 609 MAY 20, 1997 81 K21K 191 FAGS 517 Personnel Director Ron Baker advised that the cost to the County for 16 retired employees living out-of-state would be $18,960 annually, or $1,185 per participant, for increased benefits. Ron McCall of The McCall Agency advised that premium increase would allow the out-of- state retirees, together with any covered dependent children attending school out-of-state or employees traveling out-of-state, to be reimbursed at a higher co -pay level. General discussion of the costs and benefits involved ensued ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippm being absent) unanimously approved not malting any changes to the health care plan, pursuant to stars recommendations. 11.G.1. 26' STREET EMPROVEMENTS BETWEEN 58' AVENUE AND 66' AVENUE) - CHANGE ORDER #2 - FINAL PAYMENT & RELEASE OF RETAINAGE - RANGER CONSTRUCTION The Board reviewed a Memorandum of May 9, 1997: TO: James Chandler County Administrator THROUGH: James W. Davis; P. Public Works Direct E 9�1 FROM: Terry B. Thompson, P.E „{.,'r Capital Projects Manage _ SUBJECT:._ 26'h -Street Improvements Between W Avenue and 66'" Avenue Change Order No. 2 Final Payment and Release of Retainage DATE: May 9, 1997 DESCRIPTION AND CONDITIONS Construction of roadway and intersection improvements for 261" Street is now complete and final quantities have been computed. Attached is Change Order No. 2 and the Final Application for Payment. Change Order No. 2 includes increases in the amount of $53,818.70 and deducts in the amount of (-$66,468.43) that adjust contract quantities to the actual quantities of work Performed. The total net change in the contract price for this change order is a decrease in the amount of (-$12,649.73), this deducted from the current contract amount of $1,252,573.33 results in a new contract amount of $1,239,923.60. MAY 20, 1997 82 Staff recommends the following actions be taken: 1. Approve Change Order No. 2. 2. Release final payment in the amount of $148,439.29 which includes the 10% retainage. Funding for the road improvements is from Account #315-214-541-066.51. ON MOTION by Commissioner Adams, SECONDED by Commissioner Gmn, the Board (4-0, Commissioner Tippin being absent) unanimously approved Change Order #2 and release of the final payment in the amount of $148,439.29 to Ranger Construction, pursuant to stafs recommendations. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. ROCKRIDGE SUBDIVISION -16' STREET -DRAINAGE EM PROVEMENTS - DAMES & MOORE - DOT The Board reviewed a Memorandum of May 9, 1997: TO: James E. Chandler, County Administrator FROM: James W. Davis P.E., s Public Works Director Vim. J SUBJECT: Rockridge Subdivision/16th Street Drainage Improvements REF. LETTER: Michael Mills, Dames and Moore, Inc. to James Davis dated May 1, 1997 DATE: May 9, 1997 DESCRIPTION AND CONDITIONS The Florida DOT is currently under contract with Dames and Moore, Inc. to design the installation of a large drainage culvert along the 16'h Street ditch through the Rockridge Subdivision. The preliminary design is complete, and the project includes connection of fourteen existing lateral storm sewer pipes within the Rockridge Subdivision to the proposed 16'" Street box culvert. This connection is proposed by replacing only one 8' MAY 20, 1997 83 60�R 101. PAGE GN" 10i PAGE 5,19 length of pipe connecting to the box culvert and joining existing metal pipe in the 161' Street right-of-way. The Public Works Department staff is of the opinion that the entire length of all fourteen storm sewer laterals should be replaced and not simply the last downstream section. In addition, the laterals should be enlarged to improve Rockridge drainage. Staff has communicated with the DOT and consultant, Dames. and Moore, Inc., regarding the County joining into the project to replace the entire length of all fourteen laterals. The Consultant originally proposed a fee of $29,000 to revise the design. The Public Works Department objected to this cost. Recent negotiations have resulted in a fee of $18,482.74. ALTERNATIVES AND ANALYSIS = The entire length of all fourteen laterals including new terminating structures (catch basins) are needed. There are numerous advantages and some disadvantages to the County entering into a joint project agreement with the DOT. The construction cost should be less since the Contractor will already be mobilized and lesser unit costs are usually attributable to large cost projects. The attached engineering scope of services has been prepared by the Public Works staff, DOT and Consultant (Dames and Moore, Inc.). The engineering and permitting cost is $18,482.74 and the construction cost is estimated to be $40,000. The alternatives presented are: Alternative No. 1 - Authorize staff to prepare an agreement with -Dames and Moore including the attached scope of work and agenda it for future Board action. In addition, request DOT to prepare a Joint Project Agreement to replace the entire length of all fourteen laterals and terminating structures. Alternative No. 2 - Do not replace the entire length of the fourteen laterals and allow the DOT work to proceed as originally proposed. RECOMMENDATIONS AND FUNDING Staff recommends-Attemative No.1 whereby staff is authorized to prepare the agreements for future Board action. Funding to be from 10 Local Option Sales Tax ($1,100,000 budgeted in FY98199 for Drainage purposes). MAY 20, 1997 84 Commissioner Macht advised he owns a dwelling in Rockndge and County Attorney V tunac advised that this item would result in no financial gain to Commissioner Macht, thus he could vote on the item ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously authorized staff to prepare an agreement with Dames and Moore including the scope of work stated in staff s Memorandum and authorized staff to request that Florida Department of Transportation prepare a Joint Project Agreement to replace the entire length of all fourteen laterals and terminating structures, pursuant to staffs recommendations. 11.G.3. COUNTRY CLUB POINTE SUBDIVISION - RICHARD BOGOSIAN, REPRESENTATIVE - REQUEST FOR COUNTY TO DREDGE BOAT CANALS Moved to Item 9.B. 11.GA PROCUREMENT POLICIES AND PROCEDURES - REVISIONS - CONEWUNITY DEVELOPMENT BLOCK GRANT PROJECT The Board reviewed a Memorandum of May 14, 1997: MAY 20, 1997 85 6G�K 101 FADE 550 60�1i 10i PAGE 55.L TO: James Chandler County Administrator FROM: James W. Davis, P.E Public Works Director SUBJECT: Revision to Indian River County Procurement Policies and Procedures for Community Development Block Grant Project DATE: May 14, 1997 - •) 71 M-Well"5111 • The Florida Department of Community Affairs has recently monitored the Wabasso Area Community Development Block Grant Project and has informed staff that the Procurement Policy and Procedures must be updated and revised. These policies were originally approved by the Board on March 14, 1995. The revisions to the policy are shown as underlined in the attached copy. The major revision is shown on page 120 and provides that the selection of a consultant for design services under C.C.N.A. not consider design fee in proposals. This revision is basically the same as our existing procedure. The only alternative presented is to approve the revised Indian River County Procurement Policies and Procedures for Community Development Block Grant Programs and Projects. • L l 1 L • l • • Staff recommends approval of the Indian River County Procurement Policies and Procedures for Community Development Block Grant Programs and Projects as attached. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously approved the Procurement Policies and Procedures for Community Development Block Grant Programs and Projects, pursuant to staffs recommendations. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MILL FIRST BAPTIST CHURCH OF WINTER BEACH - DEVELOPER'S AGREEMENT The Board reviewed a Memorandum of March 31, 1997: MAY 20, 1997 86 DATE: MARCH 31, 1997 TO: JAAIES•E. CHANDLER COUNTY ADMU41STRATOR FROM: TERRANCE G. P DIRECTOR OF SERVICES STAFFED & PREPARED BY: WILLIAM F. M , P. CAPITAL P NGINEER SUBJECT: PROPOSED DEVELOPERS AGREEMENT WITH FIRST BAPTIST CHURCH OF WINTER BEACH, FLORIDA The First Baptist Church is in the process of expanding its facilities on wmer Beach Road. As a result of this expansion they wish to connect to the county's water system. The church is located approximately 1,200 L.F. east of Kings ffighway on 65th Street. The expansion of the facility necessitates connection to the county water system (Please see the attached location map). A Master Planned water main is planned on 65th Street from Kings Mghway to U.S. Highway One in the future. The Utilities Department is proposing to enter into a developers agreement for the construction of 1,200 ± linear feet of the Master Planned water line on 65th Street. The total proposed project cost is $72,800.00. The developer would pay $3,712.50 of this cost based on the County's line extension fee, setting the County's estimated contribution to construction at $69,087.50.(For details, of the proposed Developer's Agreement, please see the attached). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the Developers Agreement as presented and authorize signature of same. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (40, Commissioner Tippin being absent) unanimously approved the Developer's Agreement with First Baptist Church of Winter Beach, Inc. and authorized the Chairman to execute same, pursuant to staffs recommendations. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.1.2. US#1 WATER MAIN - EAST SIDE (39 STREET TO HARBOR DRIVE) - RESOLUTIONS I AND H The Board reviewed a Memorandum of May 9, 1997: MAY 20, 1997 87 55-2 b02K 10i F'AGE 553 DATE: MAY 9, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI S CES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF ASS S PROJECTS BY: DEPARTMENT OF U ILITY SERVICES SUBJECT: IIS 1 WATER MAIN - EAST SIDE (39TH STREET TO HARBOR DRIVE) PRELIMINARY ASSESSMENT - RESOLUTIONS I AND II INDIAN RIVER COUNTY PROJECT NO. UW -96 -18 -DS BACKGROUND On July 31, 1996, the Indian River County Board of County Commissioners approved temporary water service for Alan R. Schommer. Service was to be installed for property on the east side of US 1 from the water line on the west side of IIS 1 prior to an agreement and understanding that said property would be subject to an assessment for installation of a permanent water main on the east side of US 1 from 39th Street north to the entrance of Grand Harbor. At the same meeting, the Board of County Commissioners authorized the Utilities Department to begin the process of engineering, permitting, and assessment of the area between 39th Street and Harbor Drive. On September 10, 1996, the Board of County Commissioners approved the project survey and construction of an 8 -inch jack and bore under US 1 in lieu of the 2 -inch temporary water line service and Proceeding with the project as outlined. (See attached agenda items and minutes.) Design has been completed by the Department of Utility Services staff, and we are ready to begin the assessment process associated with this project. ANALYSIS Within the project area, there are 35 commercial parcels, including 14 improved and 21 unimproved, to benefit from this project --19 properties are .50 acre or less, 3 are greater than .50 acre and less than 1 acre, and 13 are greater than 1 acre. The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of the assessment fund. Design services have been completed by the Department of Utility Services. Attached are Resolutions I and II for the assessment project. The total estimated project cost to be assessed is $223,299.89. The estimated cost per square foot is $0.176227 (rounded). The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions, which approve the preliminary assessment roll and establish the public hearing date. MAY 202 1997 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously adopted Resolution 97-057 providing for water service to the east side of US. Highway #1 (39th Street to Harbor Drive); providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically served. 88 Providing (First Reso.) RESOLUTION NO. 97- 57 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER SERVICE TO THE EAST SIDE OF U.S. HIGHWAY #1 (39th STREET TO HARBOR DRIVE); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain properties to be serviced by a water main extension to the East side of U.S. Highway #1 (39th Street to Harbor Drive), hereinafter referred to as Project No. UW -96-1 8 -DS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water line shall be installed to benefit 35 parcels on the East side of U.S. Highway #1 (39th Street to Harbor Drive), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of the Code of Indian River County. 2. The total estimated cost to be assessed is $223,299.89 or $0.176227 per square foot to be paid by the property specially benefited as shown on the assessment plat on file with the Department of Utility Services. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 3. A special assessment in the amount of $0.176227 per square foot shall be assessed against each of the properties designated on the assessment plat. This assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the resolution of the Board with respect to credits against the special assessments after completion of the improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the project is completed. 5. There is presently on file with the Department of Utility Services a plat showing the area to be assessed, plans and specifications, and an estimate of the cost of the proposed improvements. All of these are open to inspection by the public at the Department of Utllity Services. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Utility Services Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing required by Section 206.04. The resolution was moved for adoption by Commissioner Adams . 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 Absent Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Fran S. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of May 1997. Attest_._ Jeffrey e MAY 20, 1997 89 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: rJtl zQlUtr Caroly . Eggert Chairman MAY 20, 1997 GOC'" 101 FA6L i'35 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously adopted Resolution 97-058 setting a time and place at which the owners of properties located on the east side ofU.S. I3ighway #1(39' Street to Harbor Drive); and other interested persons, may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefited thereby. Time and Place (Second Reso.) RESOLUTION NO. 97- 58 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED ON THE EAST SIDE OF U.S. HIGHWAY #1 (39TH STREET TO HARBOR DRIVE) AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 97-_5 7 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed to serve 35 parcels on the east side of U.S. Highway #1 (39th Street to Harbor Drive); and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $0.176227 per square foot; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 208.08, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m. on Tuesday, June 10, 1997, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Department of Utility Services any week day from 8:30 a.m. until 5:00 p.m. 90 3. Notice of the time and place of this public hearing shall be given by two publications in the Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Indian River County Department of Utility Services shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner A d a m 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 Absent Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of May 1997. .7.K. Barton r, MAY 20, 1997 Attachment: ASSESSMENT ROLL BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By�,h� CarolygW. Eggert Chairman INDIAN RIVER COUNTY PROJECT NO. UW -96 -18 -DS U S 1 WATER MAIN - EAST SIDE (39 TH ST TO HARBOR DR.) PRELIMINARY ASSESSMENT SUMMARY SQUARE PARCEL NO OWNER (AC)ACRES FOOTAGE ASSESSMENT 23 32 39 00000 5000 00022.0 CRYSTAL BLUE 128 55,757 $9,825.88 23 32 39 00000 5000 00024.0 HIERS, BOBBY 1.14 49,658 $8,751.08 23 32 39 00000 5000 00026.0 FNB PROP INC (2.65) 2.00 87,120 $15,352.89 23 32 39 00000 5000 00027.0 SMITH (4.7. 2.00 87,120 $15,352.89 23 32 39 00000 5000 00027.1 MIDWAY OIL 1.75 76,230 $13,433.78 23 32 39 00000 5000 00028.0 ROBERTSON 1.10 47,916 $8,444,09 26 32 39 00000 1000 00007.0 SCHWERIN (29.72) 2.00 87,120 $15,352.89 26 32 39 00000 3000 00002.0 SELIGSON 1.81 78,844 $13,894.44 26 32 39 00000 3000 00012.0 SCHOMMER 0.70 30,492 $5,373.51 26 32 39 00000 3000 000122 SCHOMMER 1.98 86,249 $15,199.40 26 32 39 00000 3000 00012.3 SCHOMMER 0.74 32,234 $5,680,50 26 32 39 00000 3000 00012A SCHOMMER 0.40 17,424 $3,070.57 26 32 39 00000 3000 00012.5 SCHOMMER 0.42 18,295 $3,224.07 26 32 39 00000 3000 00013.0 SCHOMMER (2.71 2.00 87,120 $15,352.89 26 32 39 00000 3000 00013.1 LABADIE 1.16 50,530 $8,904.75 26 32 39 00000 3000 00013.4 STORK 1.72 74,923 $13203.45 26 32 39 00000 3000 00065.0 SCHWERIN REALTY 0.38 16,553 $2,917.08 26 32 39 00000 3000 00066.0 SCHWERIN REALTY 0.77 33,541 $5,910.82 26 32 39 00000 7000 00013.0 HUNTER 0.11 4,792 $844.47 26 32 39 00000 7000 00014.0 BORLAND (2.51 2.51 109,336 $19,267.95 26 32 39 00000 7000 00014.1 HUNTER 0.05 2,303 $405.85 26 32 39 00006 0000 00011.0 CRAZY WOMAN 0.37 16,117 $2,84025 26 32 39 00006 0000 00014.0 CRAZY WOMAN 0.13 5,653 $997.97 26 32 39 00006 0000 00015.0 CRAZY WOMAN 0.15 6,534 $1,151.46 26 32 39 00006 0000 00016.0 CRAZY WOMAN 0.15 6,534 $1,151.46 25 32 39 OWN 0000 00017.0 CRAZY WOMAN 0.18 7,841 $1,381.79 26 32 39 OWN 0000 00018.0 CRAZY WOMAN 0.20 8,712 $1,53528 26 32 39 OWN 0000 00019.0 CRAZY WOMAN 022 9,583 $1,688.78 26 32 39 00006 0000 00020.0 KEMP 023 9,825 $1,731.43 26 32 39 00006 0000 00025.0 CRAZY WOMAN 0.01 436 $76.83 26 32 39 00006 0000 00045.0 EVANS 020 8,712 $1,53528 26 32 39 00009 0000 00003.0 KNIGHT, C. REED 0.15 6,750 $1,189.53 26 32 39 00009 0000 00005.0 PAN AMERICAN 022 9,675 $1,704.99 26 32 39 00009 0000 00007.0 KNIGHT, C. REED 0.48 20,809 $3,684.73 26 32 39 00009 0000 00016.0 KNIGHT, C. REED 0,n 16 $2,866.86 TOTAL 29.08 1,267,116 $223299.89 TOTAL ESTIMATED CONSTRUCTION COST INCLUDING ENGINEERING AND ADMINISTRATION $223.299.89 NET SQUARE FOOTAGE TO BE ASSESSED 1,267,116 ASSESSMENT COST PER SQUARE FOOT $0.17622695948 ROUNDED $0.176227 US1 H2OE2.WK4 MAY 5, 1997 J. D. C. 91 bOt"1 --u-L rAGL Uo. - PRELIMINARY ASSESSMENT ROLL INDIAN RIVER COUNTY PROJECT NO. UW - 96 -18 - DS U S 1 WATER MAIN - EAST SIDE (39 TH ST TO HARBOR DRIVE) INDIAN RIVER COUNTY, FLORIDA •Xmu*xx•A6•IFxx••x•%•KiFiFx-Kxx•IP#•KdF%xiP•Kx-Kif-w if x***-x-K•Kih*x-" fK•x••K•K•1M(-K!F•1Hfx xxiFx x•�K!(9f-tf•KIFIFifiFKKx•9(KiC•9t ]EiFx^x• PARCEL 0 23 32 39 00000 5000 00024.0 SOFT. Limen ASSESSMENT 9,825.8£. OWNER CRYSTAL BLUE H13LDINGS INC, 840 ELEVENTH ST > 4676 US HIGHWAY i VERO BEACH FL 32760 LEGAL N 275.01 FT OF SEI/4 OF SWI/4 E OF NEW U S NO 1, LESS E 720 FT & LESS N 25 FT 6 20 FT THEREOF AS IN OR IrtK 379, PP 315 Kxx xxxxxxx x x•�ax•+naex•eaae�rxx �t x••x`x• x -K nxx•� x xx••�e+ex••xaexx••�+e•K�exxx•x•+e+c•xtexxxie+e•�x••x-x �ex•�ex+e� K K•x sex-�eeex-xx••x• PARCEL 0 23 32 39 00000 5000 00024.0 SOFT. 49658 ASSESSMENT 8,75i.OE OWNER HIERS,BOBBY J 686 3RD PL > 4650 US HIGHWAY 1 VERO BEACH FL 32962 LEGAL S 100 FT OF N 375.01 FT OF SES/4 OF SWI/4 LYING E OF Ir- R/W OF NEW US NO 1 EXCEPT E 505 FT 6 ALSO S 20 FT OF N 275.01 FT OF BE 1/4 OF SW 1/4 LYING E OUS HWY 1 EXCEPT E 50 5 FT THEREOF AS IN OR BK 379, PP 314 COR BK 418 PP 597) K•xit�xxoexxxxxat•xetkxaexeex•�txxaex•+c��r+ex�xxxxx•�nxxxx•+exx••�xaHaxxaoatxatxxMrx�sx•x•+e9eiax�mx-ae•xxenxx•xae PARCEL 23 32 39 00000 5000 00026.0 SOFT. 87i20 ASSESS14EENT 15,352.89 OWNER FNB PROPERTIES INC, PO BOX 1000) 4646 US HIGHWAY 1 ORLANDO FL 32802 LEGAL FROM NE CDR OF SEI/4 OF SWI/4 RUN S 375.01 FT; THENCE N 89 DEC 58 MIN W A DIST OF 70 FT TO W R/W OF STATE LATERAL DITCH SAID PT BEING P.O.B. THENCE S 30 FT; THENCE S 75 DEG 28 MIN 59 SEC W 819.89 FT TO E R/W LINE OF US NO i THENCE N 12 DEG 49 MIN W ALONG THE E R/W A DIST OF 242.30 FT THENCE S 89 DEG 58 MIN E 849.2 FT TO P.D.B. AS IN R BK 175 PP 398 IE•%iHHf3499FPx•+1FjfiFiEx^7Hfx•IExxltif•�HEifiFii•#iF3f•KiF)fiFxx•Afdf••kdf^IFkiHFYrxdFx-0EiFiH@df •K3F KM^7f�HIFiFK^IfxiEx• PARCEL 0 23 32 39 00000 5000 00027.0 SOFT. 87120 ASSESSMENT 15,352.89 OWNER SMITH,ELSON R JR (TR) & PO BOX 716 4580 US HIGHWAY i VERO BEACH FL 32961-0716 OWNER JOHNSDN,CECIL (TR) LEGAL FROM BE COR OF SEi/4 OF SWi/4 RUN N 210 FT TO P.O.B. THENCE RUN WLY 754.20 FT TE R/W OF US NO 1; THENCE N 11 DEG 53 MIN 30 SEC W ALONG THE E R/W OF US NO 1, 522.65 FT TO N SIDE OF A 40 FT DITCH THENCE N 75 DEG 28 MIN 59 SEC E 892.20 FT TO E BOUND OF SEI/4 OF SWI/4, THENCE RUN 8 736.03 FT TO P.O.B. LESS E 70 FT N 40 FT FOR DITCH R/WS AS IN R BK 175 PP 421 6 LESS PAR DESC IN OR BK 528 PP 235 �IN�Fit�i@xiEiHFi6iPx•IFIFxi6•IFxiFxxx•Kx#xiE#i4iHFi416APAH63fxiHF•KxitiF�t•1t^KiFa4iFiHFIHFit•1fiE#X•!Ex•1HE�iiF�t•Kiiif i6iH6xiEiFiF PARCEL 0 23 32 39 00000 5000 00027.1 SOFT. 76230 ASSESSMENT 13,433.75 OWNER MIDWAY OIL CO INC, 8508 COQUINA AV ----> 4560 US HIGHWAY i FT PIERCE FL 34951 LEGAL FROM SE COR OF SEi/4 OF SWI/4 RUN N 210 FT; RUN W 754.20 FT TO E R/W OF U S I & POB; RUN N i1 DEG 53 MIN 30 SEC W ALONG R/W 232 FT; RUN N 77 DEG 06 MIN 30 SEC E 141.96 FT; RUN N 8 3 DEG 04 MIN 30 SEC E 169.95 FT; RUN S 04 DEG 14 MIN 30 SEL' E 281.23 FT MORE OR LESS TO PT ON N I.INEOF S 210 FT OF SEi/4 OF SWI/4, RUN N 89 DEG 44 MIN 30 SEC W 280.09 FT TO POB A8 OR BK 528 PP 235 x•xd mw*m***x•K***.X****^K•x iF KifdFlf•KiOx•If•Ifxx^lFx••Kx^IfdF•1f iGiFR K•Ki6•K•I6iE Kx•xx^K#if iex iE/f•74ih16•It x-K•x^Kx•K•KJP16•IG** m ** PARCEL '- 23 32 39 00000 5000 00028.0 SOFT. 47916 OWNER ROBERTSON,ETTA OQUILLA * 5550 13TH ST > 2190 45TH ST VERO BEACH FL 32962 LEGAL BEG AT SW CDR OF 'iE 1/4 OF SW 1/4, RUN N 209 FT, E EC LINE, S 209 FT, WTO BEG, LESS ARNOLD ET AL, LESS AS IN OR BK 92 PG 83, LESS PORT LYING W OF W R/W OF 0 1 AS DESC IN OR BK909 PG 2325 & ALSO LESS ADD R/W OR BK 959 PG 2768 MAY 20, 1997 ASSESSMENT 8,444.0 TO 1/4 S HWY R/W US HWY N AS IN PARCEL T 26 32 39 00000 1000 00007.0 SOFT. 87120 ASSESSMENT 15,352.8 OWNER SCHWERIN REALTY CORP, 3770 7TH TERR US HIGHWAY I VERO BEACH FL 32960 LEGAL BEG AT THE SW CDR Or SWi/4 OF NEI/4, RUINN ON 1/4 SEC LINE 24 2.1 FT TO AN IRON PIPE, THENCE RUN W PARALLEL WITH THE S LINE OF NWi/4 113.7 FT TO E R/W LINE OF THE PROPOSED US HWY I. SEC NO 88010 1957TO A PIPE RUN NLY ALONG SAID E R/W LIN 114.76 FT TO A PIPE RUN N 82 DEC 50 MIN E ALONG THE CENTER L INE OF A DIRT DRIVE 349.92 FT TO A PIPE IN THE CENTERLINE OF A N & S DRIVE RUN NLY 267.8 FT TO A PT WHICH 15 660 FT N OF THE S LINE OF NEL/4& 191.24 FT E OF THE N & S 1/4 SEC LINE RUN E & PARALLEL TO & 660 FT FROM THE S LINE OF NEi/4 1834.-5 6 FT TO A PIPE RUN S 5 DEC 15 MIN E 661.1 FT TO A PIPE IN THE CENTER OF S GIFFORD RD, ON THE S LIKE OF NE 1/4 RUN W 2073.0 FT TO P.O.B.AS IN R BK 103 PP 376, LESS FOLL DESC PROP; COM AT SW CDR OF SW 1/4 OF NE 1/4 OF SEC 26, m N 00 DEG 10 MIN 33 SEC W 50.0 FT TO N R/W OF 41ST ST, TH S 99 DEG 50 MIN 34 SEC E ALONG SAID R/W 6=11. 30 FT TO POB; TH CONT S 89 DEG 50 MIN 34 SEC E 1447.06 FT, TH N 04 DEG IS MIN 21 SEC W 611.73 FT, TH N 89 DEG 50 11IN 34 SEC W 1409.55 FT, TH S 00 DEG 45 MIN 00 SEC E 610.0 FT TO POB PARCEL 0 26 32 39 00000 3000 00002.0 SOFT. 78844 ASSESSI"-T 13,894.4• OWNER SELIGSON,MILDRED L 5601 N AIA STE 30tN 4490 US HIGHWAY I VERO BEACH FL 32963 LEGAL FROM A POB LYING 420 FT W & 387.38 FT S OF NE 1/4 OF NW 1/4, RUN W & PARALLEL TON LINE SEC 26 A DIST 208.53 FT TO E R/W US HWY 01, TH N It DEG 57 MIN 44 SEC W ALONG SAID R/W 314.1 5 FT TO A PT OF RADIAL TURN ON N GIFFORD RD, TH ALONG ARC OF CURVE HAVING A RADIUS 25 FT & CONCAVE TO E A DIST 44.557 FT TO END OF SAID RADIAL RETURN ARC, TH N 25 FT TO S R/W OF 50 FT R/W N GIFFORD RD, TH S 89 DEG 49 MIN 44 SEC E 248.37 FT, TH S 362.38 FT TO POB, LESS PORT FOR ADD RD R/W AS IN OR BK 986 PC 831 PARCEL 0 26 32 39 00000-3660 00012.0 SOFT. 30492 ASSESSMENT 5,373.5' OWNER SCHOMMER,ALAN R 1460 56TH SO W => 4300 US HIGHWAY I VERO BEACH FL 32966 LEGAL S 76 FT OF NE 1/4 OF NW 1/4, LYING E OF HWY US 01 mum PARCEL 0 26 32 39 00000 3000 00012.2 SOFT. 86249 ASSESSMENT i5,i99.4( OWNER SCHOMMER,ALAN R 1460 56TH SO W 4344 US HIGHWAY I VERO BEACH FL 32966 LEGAL N 178 FT OF S 420 FT OF NE 1/4 OF NW 1/4LYING E OF HWY US 01 X -X- x X******* PARCEL 0 26 32 39 00000 3000 00012.75 SOFT. 3-'"34 ASSESSMENT 5,680.5( OWNER SCHOMMER,ALAN R 1460 56TH SO W 4320 US HIGHWAY I VERO BEACH - FL 32760 . I LEGAL N 76 FT Or -9 152 FT OF NEi/4 OF NWL/4 LYING E OF HWY US '%It PARCEL 0 26 32 39 00000 3000 00012.4 SOFT. 17424 ASSESS14ENT 3,070.5' OWNER SCHOMMER,ALAN R 1460 56TH SO W> 4330 LIS HIGHWAY I VERO BEACH FL 32966 LEGAL N 50 FT OF S 202 FT OF NEI/4 OF NWi/4, LYING E OF HWY US Ot PARCEL 4 26 32 39 00000 3000 00012.5 SOFT. i8295 ASSESSMENT 3,224.0' OWNER SCHOMMER,ALAN R 1460 56TH SO W> 4340 US HIGHWAY I VERO BEACH FL 32962 LEGAL N 40 FT OF S 242 FT OF NEI/4 OF NWL/4,- LYING E OF HWY US �,-1 PARCEL # 26 32 39 00000 3000 00013.0 SOFT. 87120 ASSESSMENT 15,3522.W OWNER SCHOMMER,ALAN R 1460 56TH SQUARE W 4410 US HIGHWAY I VERO BEACH FL 32966 LEGAL S 19.56 FT OF N 547.78 FT OF NE 1/4 OF NW 1/4, LYING E OF li WY US 01 & ALSO INC S 190.0 FT OF N 737.78 FT OF NEi/4 OF NW 1/4 LYING E OF HWY US HWY 01 MAY 20, 1997 93 bo� 53bops,10'_1 AGE �xx•�,�;�H�x-�+��x•�xx•��x.��-�x�•�•���x���•x�•�x•x•�►x•����x•x•�* PARCEL 4 26 32"39 00000 3000 00013.i SOFT. 50530 ASSESSMENT 8,904.7: OWNER LASADIE,LAWRENCE r & MAUREEN A 4388 US 41 —=> 4388 US HIGHWAY i VERO BEACH FL: 32967 - LEGAL THAT PART OF NEI/4 OF NWi/4 LYING E OF E R/W OF US HWY NO i MORE PART DESC AS_ FOLL; DEG AT A F'T.737.6: FT S OF NE COR OF NEI/4 OF NWI/4, TH CONT S 164 FT, TH N S9 DEG 56 MIN 04 S EC W 510.89 FT TO INTERSECTION OF A CURVE, SAID CURVE BEING E R/W OF US HWY NO 1,. TH NWLY ALONG SAID CURVE HAV ING AN INTERIOR ANGLE OF 00 DEG 34 MIN 07 SEC & A RAD OF 17, 128.75 FT & BEING CONCAVE TO NE AN ARC DIST OF 170.0 2 FT, TH S 89 DEG 47 MIN 14 SEC E 550.28 FT TO P.O.B. LESS E 221.84 FT THEREOF __ __ ._m _ atxarae•�xi��•p'�.x••ic•x�a%ee�r`�*rz=x�xxx�xx-wxx•xaex�c�r��x�•xxx•�xa�x-x•xxatxxx•xxx•xxx-xx-�xxxx PARCEL 4 26 32 39 00000 3000 00013.4 SOFT. 74923 ASSESSMENT 13,203.4: OWNER STORK,ROBERT W & CARMEN N 2900 59TH AV 4450 US HIGHWAY i VERO BEACH FL 32966 LEGAL S 140.84 FT OF N :,28.-2'2 FT OF NE 1/4 OF NW 1/4 OF SEC 26-32- 39 LYING E OF E R/W LINE OF US HWY 01, LESS N 32.62 FT OF t_ 420.0 FT THEREOF +�x�acxx�x•r��uxeNx-�x��ara�txae��dtatae��rxaE�xxa�•aF,�•�x•*���ax••xaE>tx•x•Ka��x•�x•�xaa•�aFx r��x•�x••�xx•��rxacx PARCEL 0 26 32 39 00000 3000 00065.0 SOFT. 16553 ASSESSMENT 2,917.0, OWNER SCHWERIN REALTY CORP, 3770 7TH TERR W: ) US HIGHWAY i VERO BEACH FL 32960 LEGAL PART OF S 2 A OF SEi/4 OF NWi/4 E OF FECRY, LESS J T GRAYS 13 /D OF TOWN OF GIFFORD, AS D BK 43, PP 37, D BK 33 PP 370 & D BK 33 PP :.,59, LESS HWY R/W AS R BK 82 PP 542, R BK 8 4, FT' 98 & R BK 102,PP 474, LESS RD R/W AS IN OR BK 1002 PG 795 xx•�•wxx•xac•�xaaxxae�x•ac-�x•�cxacx�x�acaFxxx�acxaHex�x �x-x•�•xaEx••�x•�caF�•xaExauxx�cxarx••�x-xa��taFxae•���c-w•�xac-xatxet• PARCEL 0 26 32 39 00000 3000 00066.0 SOFT. 33541 ASSESSMENT 5,910.8: OWNER SCHWERIN REALTY CORP, 3770 7TH TERR> US HIGHWAY i VERO DEACH FL 32960 LEGAL BEG AT SE COR 13F LOT 9 IN GRAYS TOWN OF GIFFORD SUB RUN E 5 20.7 FT TO 1/2 SEC LINE, S ON SAID LINE 450 FT, W 41:, FT 'f0 SE COR OF LOT 16 GRAYS TOWN OF GIFFORD NLY TO BEG EXCEPT TH AT PORTION LYING N OF CO RD 1N D SK Z2 PP 149 LESS HWY R/W AS R SK 95 PP 246 & PARCEL- AS 11 R- BK '103 Pr^' 376 & EXCEPT THAT PART W OF NEW US NO i AS IN R BK 18S PP 742 (OR BK 49-5 PP 36) xif'k'IF#9tK x'9l+•1Fx•il'IP•x'Mx•#�'DFdF'II'9Fx"Y%�C' IPx"II'de9F'!tx'x^IC•iF'hex'x•'I6'SPx'x'x'dEx"x'3bx'ii'iv'SEx'x•'INJEiQ'x•!t'x'x'x�F'Si"Svx"1F9i•#9vx•dFli•di'x•Ii'Yrii iF'IF3t' PARCEL 0 26 32 39 00000 7000 00013.0 SOFT. 4792 ASSESSMENT 844.4• OWNER HUNTER,JANICE 4026 RIVERMIST CTUS HIGHWAY i LITHONIA GA 30058 LEGAL FROM SE COR OF W1/2 OF SW1/4 OF NWi/4 OF SE1/4, RUN N 107 FT TO P.O.B. THENCE RUN 50 FT, THENCE RUN W PARALLEL TO S LINE OF SAID NWi/4 OF SES/4 TO E R/W OF US HWY NO i, THENCE RUN SLY ALONG SAID R/W TO PT OF INTERSECTION WITH A LINE RUNNING PARALLEL 'TO S LINE OF SAID NWi/4 OF SES/4 AND THROUG H THE P.O.B., THENCERUN E ALONG SAID LINE TO THE P.O.B. AS IN R BK 336 PP 472 x arx-U K"N•x x*xxmxx aux**m *axwae�xxx�xxxx �x��exiE tFx x PARCEL 0 26 32 39 00000 7000 00014.0 SOFT. 109336 ASSESSMENT 19,267.9` OWNER BORLAND,W C & JOSEPHINE M 3918 PROSPECT ST > US HIGHWAY i KENSINGTON MD 20895 LEGAL W1/2 OF SWI/4 OF NWi/4 OF SE1/4, LESS S 132 FT THEREOF & LES S HWY R/W x -x -x rum9rx w9naeiex x k x x x aex �rce+e x uMrae x �x x+en x PARCEL 0 26 32 39 00000 7000 00014.1 SOFT. 2303 ASSESSMENT 405.8: OWNER HUNTER,JANICE 4026 RIVERMIST CT _> US HIGHWAY i LITHONIA GA 30058 LEGAL ALL THAT PART CF 3 107 FT OF Wi/2 OF SWI/4 OF NW1/4 OF SE 1/4 OF SEC 26-32-39 LYING E OF US HWY NO i, LESS & EXCEPT THAT POR PREVIOUSLY CONVEYED TO T.C. GILBERT IN OR BK 56 PP 410 (OR BK 677 PP 776) ac•�cx•�cxx•�tx+e�x-�afcitxaesex•�tx+exec-xarxx•a�ataa�a�ex•�txxxtitx•�cieaax�ax•x••�uuxxx a�xx•+tx•�tx•��eat+rx•�arx•�mxxxx•�exxx•�e PARCEL C 26 32 39 00006 0000 00011.0 SOFT. 16117 ASSESSMENT 2,840.2: OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148®> 4201 20TH AV VERO BEACH FL 32961-1148 LEGAL PINSON SUB LOTS ti,12 & 13 FBI 2-94 MAY 20, 1997 94 FA GL PARCEL 6 26 32 39 00006 0000 00014.0 SOFT. 5663 ASSESSMENT 997.97 OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148 —) 4215 20TH AV VERO BEACH FL 32961-1148 LEGAL PINSON SUB LOTS 14 & 27 LESS HWY R/W PBI 2-94 PARCEL 0 26 32 39 00006 0000 00015.0 SOFT. 6534 ASSESS14EW 1,151.46 OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148 —=> 4221 '20TH AV VERO BEACH FL 32961-1148 LEGAL PINSON SUB LOTS 12 & 26 LESS HWY R/W PBX 2-94 PARCEL 0 26 32 39 00006 0000 00016.0 SOFT. 6534 ASSESSMENT i,i51.46 OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148 — > 4=5 20TH AV VERO BEACH FL 32961-1148 LEGAL PINS -ON SUB LOT 16 PBI 2--74 PARCEL 26 32 39 00006 0000 00017.0 SOFT. 7841 ASSESSMENT 1,381.79 OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 114e —=> 4231 20TH AV VERO BEACH FL 32761-1148 LEGAL PINSON SUB LOTS 17 & 24 LESS HWY R/W PBI 2-94 PARCEL. 0 26 32 39 00006 0000 OOOi8.0 SOFT. 8712 ASSESSMENT i,5355.2� OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148> 4235 20TH AV VERO BEACH - FL 32961-1148 LEGAL PINSON SUB LOTS 18 & 23 LESS HWY R/W PBX 2-94 PARCEL t 26 32 39 00006 0000 00019.0 SOFT. 1-01583 ASSESSMENT 1,688.7' OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148 —==) 4241 20TH AV VERO LEACH FL 32961-I148 LEGAL PINSON SUB LOTS 19 & 22 LESS HWY R/W PBI 2-94 PARCEL 0 26 32 39 00006 0000 00020.0 SOFT. 9825 ASSESSMENT 1,731.4: OWNER KEMP,ERMA C 4131 32ND AV > 4245 20TH AV VERO BEACH FL 32967 LEGAL PINSON SUB LOTS 20 & 21 LESS HWY R/W PBX 2-74 PARCEL # 26 32 39 00006 0000 00025.0 SOFT, 436 AssEssmr%N,r 76.8. OWNER CRAZY WOMAN PROPERTIES INC, PO BOX 1148 VERO BEACH FL 32961-1148 LEGAL PINSON SUB LOT 25 LESS HWY R/W PBI 2-94 PARCEL 0 26 32 39 00006 0000 00045.0 SOFT. 8712 ASSESSMENT 1,535.0 OWNER EVANS,ALFRED 3116 43RD ST 2096 42ND PL VERO BEACH FL 32960 LEGAL PINSON SUB PBX 2)94 LOT 45, LESS HWY R/W AS IN R BK 103, PP Sib & LOT 46 (OR BK 503 PP 306) PARCEL 0 26 32 39 00009 0000 00003.0 SOFT. 6750 ASSESSMENT l,ie9.5.- OWNER KNrGHT,C REED (TR) 5740 13TH ST SW —> 197.15 41ST ST VERO BEACH FL 32968 LEGAL JACKSON BROTHERS S/D LOTS 3 & 4 LESS RD R/W PBX 2-71 PARCEL 0 26 32 39 00009 0000 00005.0 SOFT. 9675 AssEssmENr i,704.9� OWNER PAN AMERICAN ENGINEERING CO, 825 8TH ST 4056 US HIGHWAY i VERO BEACH FL 32960 LEGAL JACKSON BROTHERS S/D LOTS 5 & 6 PBI 2-71 MAY 20,1997 95 M -L., FAUE5621. �xxxxx,xx•x.***•mx•X*x•,�x,�xx,� xxxx PARCEL 4 26 32 39 00009 0000 00007.0 SOFT. 20909 ASSESSMENT 3,684.7: OWNER KNIGHT,C REED (TR) 5740 13TH ST SW 4036 US HIGHWAY i VERO PEACH FL 32968 LEGAL JACKSON BROTHERS S/D LOTS 7, 8, 9, 10, Si, 12 & 13PBI 2-71 tt xtiex x x xet aeoex wex+ex atik �e tt x,rx x arx x »xic aaexx eeirx MIX x•+exxx w tt x x x x eaxx xxireexarxx 9earrex se x x xx x xx x sex PARCEL 0 26 32 39 00009 0000 00016.0 SOFT. 16268 ASSESSMENT 2,866.Be OWNER KNIGHT,C REED 5740 13TH ST SW > 4005 19TH CT VERO REACH FL 32968 LEGAL JACKSON BROTHERS SUB PBI 2-71 LOTS 16, t7 & 18, LESS HWY R/ W AS IN R PK 95 FG 246 & INC LOTS 19, 20,-21, 22, 23 6 24 xxaoxxxxieoc�e,exx•�r+we�eac•�c,En�i�i��rr,�•xaeai-x•�e%�eie,e+eae+exuxaix•�r•ie�x�xx-�e�rxeraox,e•iex•+rx•�r«xx+ewxyeu •x•m•��x xxx••�ar•�ie TOTAL SO FEET IS 1267116 TOTAL ASSESSMENT IS r�..3,299.89 11.1.3. SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY - 2.0 MGD- EXPANSION CONSTRUCTION - BID #4039 - 0 M 1 N O I N" The Board reviewed a Memorandum of May 12, 1997: DATE: MAY 12, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR . FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES SONNY DEAN DIRECTOR OF GENERAL SERVICES PREPARED AND STAFF BY: ROBERT O. WISEMEN, P.E. ENVIRONMENTAL ENGINE R SUBJECT: SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY 2.0 MGD EXPANSION CONSTRUCTION INDIAN RIVER COUNTY BID NO. 4039 - BID AWARD INDIAN RIVER COUNTY PROJECT NO. US -90 -20 -DC. On September 20, 1994, the Board of County Commissioners approved and authorized Camp Dresser & McKee, Inc., engineer, to design, permit, and advertise for bid, etc. The project was advertised, with all permits being acquired except for Environmental Resource Permit which will be issued shortly. Bids were received from 5 contractors on April 2, 1997. ANALYSIS The Department of Utility Services Staff received bids that range from $8,347,000.00 to $8,754,000.00. The lowest bid of $8,347,000.00 that was received from Wharton -Smith, Inc is 11.3% above the engineer's estimated cost (see attached tabulation) of $7,500,000.00. The County and the engineer have investigated and spoken with the City of Orlando and Daytona Beach. Their Wastewater Treatment Plants costs were 15-25% higher than estimated in the past two (2) years. This is the result of a high demand for Wastewater Treatment Plant contractors. The base bid includes construction of the plant expansion to 2.0 MGD, removal and replacement of headworks screen, installation of a telemetry system, allowances for independent testing laboratory services, roof replacement, renovating of the existing generator room into instrumentation and control room and the operation building, allowance for electrical wire and performance/payment bonds. MAY 20, 1997 GV M The Department ofUtility Services Staff and engineer have discussed and negotiated with Wharton - Smith, the lowest bidder, several ideas to reduce the cost without down -grading the quality of the delivered product. It was concluded that the contractor upon award of this project will let the County pay directly for the cost of the materials. This potentially could save the County over $170,000.00 in sales tax. However, the contractor has also asked the County's cooperation in processing the purchase order and payment in the most expedient way in order not to delay the project progress . ALTERNATIVE BID is is an addition of a chlorine containment with a scrubber system for evacuation of a hazardous gas. This is to eliminate the problem in the event of a chlorine gas leak. Presently the state does not regulate this issue, however we think it would be prudent to enclose the building. The Department of Utility Services Staff has considered the safety issues, and has asked the engineer (CDM) to specify a design to be included in the bid for the Board of County Commissioners to approve. The cost for chlorine containment (modify the existing open building) with a Scrubber System is $160,000.00. ALTERNATIVE BID IT: relates to the upgrade in the existing laboratory and office plant building. The existing window air conditioning unit is insufficient for the computer and electronic monitoring instrumentation that are going to be located in the building. The level of moisture in the building exceeds the allowable level for electronic instrumentation. Therefore, this upgrade, including central air condition installation, air duct distribution system is to protect the County's investment. The cost for alternative No. 2 is $20,000.00. RECOMMENDATIONS Staff recommends approval and award of the contract to Wharton -Smith in the amount of $8,527,000.00 which includes the base bid, alternative bid no. I and alternative bid no. 2. Also, the staff recommends that the Board of County Commissioners approve the attached agreement in form and authorize the chairman to execute the agreement after all requirements are submitted and approved by the County Attorney's office. In addition the staff asks the Board of County Commissioners to approve the direct purchase through the contractor by providing issuance of a purchase order and payment . Commissioner Adams questioned the 2 items back-to-back dealing with the South County Wastewater Treatment Plant, and SWDD Director Terry Pinto advised that the first item is for the award of the bid for the South County project,- constructiomafthe-plant, and the second item is for additional work performed by the consultant. Commissioner Adams wanted to know whether any equipment in this bid was single -sourced, and Director Pinto advised that the same process was used as with other treatment plants, the process is single -sourced but bidders bid based on construction costs. The process chosen lowered the cost because the costs are less than building a normal aeration process, the design took into consideration total construction and operating costs. There are substantial performance guarantees, as in the West County operation. Chairman Eggert commented that the process was previously agreed upon and wondered what the source of discomfort was. Commissioner Adams was uncomfortable due to the $8,000,000 involved and did not believe enough time had been spent reviewing the voluminous backup. She believed that perhaps her level of confidence had been eroded. County Administrator Chandler emphasized that the proposal is in accordance with the master plan. MAY 20, 1997 E �u 97 E,02K !W". FAGS 3`3 ON MOnON.by Commissioner Ginn;=SECONDED by Commissioner Adams, the Board (3-1, Chairman Eggert opposed and Commissioner Tippin being absent) tabled this item for- 2 weeks. 11.1.4. SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION TO 2.0 MGD — ADDENDUM NO.3 — CAMP DRESSER AND MCKEL INC. The Board reviewed a Memorandum ofMay 9, 1997: DATE: MAY 8, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SE PREPARED ROBERT 0. WISEMEN, P.E�e,�- AND STAFFED ENVIRONMENTAL ENGINEER D&) BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SOUTH COUNTY..WgS.TEWATER TREATMENT PLANT EXPANSION TO 2-.0 MGD ADDENDUM NO. 3 - ADDITIONAL SERVICES CONTRACT WITH CAMP DRESSER AND MCKEE, INC. INDIAN RIVER COUNTY PROJECT NO. US -90 -20 -DC BACKGROUND On September 20, 1994, the Board of County Commissioners approved Addendum No. 2, the agreement with Camp Dresser and McKee, Inc. for the South County Wastewater Treatment Plant Expansion to 2.0 MGD for design, -permitting, bidding services, resident engineering services, and inspection. During design of the said -project, the engineer proposed several ideas to the County to save in operational costs. These items were not included in the original agreement with the County since they were not considered in the basic scope of work. ANALYSIS The following proposals were given to the County for consideration during the design period (see attachment). A summary of the proposal is as follows: 1. Design of a rotary drum thickener to reduce the number of trucks hauling sludge to the Central Sludge Treatment facility. The rotary drum thickener installation would save the County an approximate operational cost of $164,000.00 in a period of ten years according to the engineer's report or approximately $215,000.00 based on the bid. 2. Design of a chlorine containment scrubber system per performance specification. This was initiated due to the concern regarding the County's liability in the event of a chlorine cylinder leak. 3. Design of a monitoring and control instrumentation telemetry system. This would give the County the ability to operate its plant more efficiently (reduce costs) by reducing the required operator's presence at the plant from 16 hours to 6 hours as per FDEP permit Class I reliability reuse system. MAY 20, 1997 T-3 4. Design of a climate control system for the laboratory and instrumentation and control building. The existing window air conditioning system is inadequate for this sensitive electronic monitoring and control instrumentation. This is needed to protect the County's investment. Additional permitting and design services. FDEP, during its completion of the environmental resource permit, requires our County to mitigate the impacted onsite wetland with similar acreage creation in proportion to the size of the wetland. These additional services were recently proposed based upon the exact cost of spending. Staff has negotiated reasonable and fair compensation in the amount of $27,206.00 for Items 1 through 4, and $31,906.00 for additional design and permitting services, for a total of $59,112.00. This will increase the total contract to $581,613.00. RECOMMENDATION The staff of the Department of Utility Services recommends approval of Addendum No. 3 to the contract with Camp Dresser and McKee, Inc. in the amount of $59,112.00 for the additional services and authorization of the chairman to execute same. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Adams, the Board (40, Commissioner Tippin being absent) unanimously tabled this item for 2 weeks. 12. BLAKE-TORRES I[MGATION - OFFER OF JUDGMENT The Board reviewed a Memorandum of May 13, 1997: TO: The Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attomeyc��o DATE: May 13, 1997 SUBJECT: Offer of Judgment - Blake -Torres Litigation The County has been sued for a count in inverse condemnation by Blake -Tones, owners of property at Oslo and Old Dixie formerly owned by Helseth. The gist of the complaint is that the County, in making the improvements, has encroached into Blake -Tones property and has cut off access to the garage and several other allegations of damage. The County has always stood ready to, in effect, make them whole; however, they have not cooperated and appear to prefer litigation. Engineering has calculated the total cost to correct everything that is County's responsibility at $; � ) a • -' In order to establish a bench mark for damages, it is recommended that an offer of judgment in the amount of $_-*' be authorized. " These figures will be provided at the Commission meeting. It is estimated that the amounts will be less than $25,000. Assistant County Attorney Terrence P. O'Brien suggested an offer of judgment of $20,000 based on attorney fees and costs. MAY 20, 1997 99 EG;'r 101 PAA -' ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board (4-0, Commissioner Tippin being absent) unanimously approved an offer of judgment in the amount of $20,000, pursuant to staffs recommendations. B.A.I. FACO LEGISLATIVE BRIEFING The Board reviewed a letter ofMay 19, 1997: 11111008008 r FZOR �i AS_SOC/A �r P.O. Rom 349 /Tallahassee, Florida 32302 ar COii.w� MOW: 904/224-3148 rax: 904/222-5839 no MEMORANDUM VIA FACSMME M �ttrtU� �'orimission��rs 1;dminis�rt�x ' To: County Commissioners Attarrwy County Administrators "emanWl __� County Attorneys Puhiic Wur�z Interested County StaffPersonnel comm"ty LV'j. Utilities From: Mary Kay Cariseo Faance OMB Date: May 19, 1997 EMM. Surv. Risk IAbt. Other waz Re: AMENDED -FAC 1997 Post -Session Legislative Briefing - Okaloosa County The Florida Association of Counties will be conducting Legislative Briefings to share with you our insights on what was accomplished during the 1997 Legislative Session. You and your county staff members are invited to attend the Legislative Briefing of your choice. A Legislative Briefing Schedule has been mailed to you, however, please be advised that we have scheduled an additional briefing that was omitted from the mailing. Please share this additional information with any of your county staff members who may benefit from this briefing. If you should need additional information please contact Desinda Carper of the Florida Association of Counties at 904/224-3148. Additional Legislative Briefing Thursday, June 12 Okaloosa 1.3 p.m. CST Okaloosa Co. Water & Sewer Building 1894 Lewis Turner Blvd, 3rd FL Fort Walton Beach, FL We strongly encourage bosh county commissiorcrs ad sta to attcT.u. vw c -WII PIV Viuc information on new legislation which will impact county government. Again, feel free to call the FAC office should you have any questions. All of the Commissioners had conflicts with their schedules and would not be able to attend the June 12 Legislative Briefing. MAY 20, 1997 m r rr 13.A.2. REPORT REGARDING ARTTCLE V LEGISLATION - COURT FUNDING -HOUSE BILL 1319 The Board reviewed a Legislative Alert of May 19, 1997: ■1.i■ FLORIDA �sit ASSOCIATION pa/��1EGISLATIVE ALERT OF COUNTIES IMME �/ gym:/ URGENT... PLEASE DISTRIBUTE IMMEDIATELY... URGENT TO: All County Commission Chairs FROM: Mary Kay Cariseo, FAC Deputy Executive Director DATE: May 19, 1997 RE: Article V Legislation FAC's Article V bill is now in the Governor's Office! Your assistance is needed in assuring the Governor signs House Bill 1319 into law. HB 1319 by Representative John Thrasher (R -Clay) now awaits the Governor's signature. If you have not done so already, PLEASE HAVE YOUR COUNTY ADOPT A RESOLUTION SUPPORTING HOUSE BILL 1319 AND URGING THE GOVERNOR TO SIGN THE BILL INTO LAW. THE DEADLINE FOR THE GOVERNOR TO SIGN THE BILL IS MAY 29, 1997 Please have forward a copy of the resolution to the Governor, Lt. Governor, and FAC. If your county cannot adopt a resolution before the Nfay 29, signing deadline, we ask that your county please write a letter of support to both the Governor and Lt. Governor asking that the bill be signed into law. The main provisions of the bill include the following: 1) Provides a revenue source for the trust fund created by S8 901 by establishing a four-year phase-in of the state's portion of the General Revenue dollars received from civil tragic infractions, which is expected to generate $50 million over four years: 2) Establishes a committee of 15 people: six judges, six county commissioners, and three clerks, to develop an allocation and disbursement plan for the trust fund: and. 3) Includes the Court Improvement Fund legislation we have ban supporting for several years. This provision will allow additional fines of up to 5150 to be assessed against certain criminals, the fiords of which would remain local for court improvements. Thank you to those counties that have already sent resolutions and letters to the Governor. He needs to know of counties support for the W. cc: Executive committee County Lobbyists P.Q. EIOX 549 a TALLAHASSEE. FL 32302 a (904) 224.3148 a FAX (904) 222-5839 MAY 20, 1997 �p 60'�?K � J�. FADE 53' 6 101 No action was taken as Resolution 97-054 in support of this House Bill was adopted at the May 13t 1997 meeting. - 13.A.3. ECONOMIC DEVELOPMENT PROGRAM COA!Il UME AND DISTRICT — TREASURE COAST REGIONAL PLANNING COUNCIL The Board reviewed a letter of May 13, 1997: F 7 indicn river ` • �I 1 May 13, 1997 Mr. Robert Keating Community Development Director Indian River County 1840 25th Street Vero Beach, FL 32960 Subject: Appointments to Regional Overall Economic Development Program (OEDP) Committee Dear Mr. Keating: As we discussed at a recent meeting in your office, the Board of the Treasure Coast Regional Planning Council has instructed the Council staff to proceed with the initial steps to develop an OEDP and to form an Economic Development District. The Guidelines provided by the Economic Development Administration (EDA) of the U.S. Department of Commerce indicate that an OEDP Committee must be formed to oversee the process. The Committee will set the goals and objectives of the program, identify actions and set priorities to foster economic development and determine appropriate programs and projects to be implemented. The appointment of members to the OEDP Committee is to be done by the counties (Indian River, St. Lucie, Martin and Palm Beach) who will be members of the Economic Development District.. The Guidelines provided by the EDA -also -indicate that the OEDP Committee "must represent diverse interests to ensure that viewpoints of all components of the community are considered and to take advantage of local skills in program formulation and implementation." It should include representatives of: • local governments • business • industry • finance • agriculture • the professions • organized labor • utilities MAY -20,1997 322! S.W. martin downs blvd. suit• 206 • P.G. box 1529 palm city. "arida 3+900 phone (561) 2211060 u 269.1060 tax )561) 221.1067 102 Chairman Eggert expressed her concern with a District which includes Palm Beach County and her desire to present this to the Economic Development Committee and come back with a recommendation. No action was taken. 13.AA ANNOUNCEMENT REGARDING CLAIMS REVIEW Chairman Eggert announced that a claims review will be held immediately following next week's Board meeting. No action taken B.C. MEMORIAL TO DECEASED EMPLOYEES The Board reviewed a Memorandum of May 14, 1997: To: Board of County Commissioners From: Commissioner Fran B. Adams ®ate: May 14, 1997 Subject: Memorial to deceased employees I have received a request to set up some type of memorial board to honor deceased employees, such as brass name plates. Would this be something the Commission would be willing to support and set up in the main entrance hall where the 10 year old Employee of the Year plaques are posted.. Commissioner Adams brought up a discussion regarding some possible memorial to deceased employees of the County, possibly an errtryway nameplate. After discussion, CONSENSUS was reached to leave the policy as is. MAY 20, 1997 103 602K 101 mLd-b'9 DAL CONSENT AGENDA AND WORKSHOP POLICIES DISCUSSION Commissioner Ginn stated that some residents feel insufficient notice is being given of items of importance coming before the Board and suggested some additional notice prior to publication in the newspaper. She felt an additional item should be added to the Agenda incorporating these upcoming Commissioner Macht noted that the City had an item called "first public reading" which he felt was very helpful. Chairman Eggert reminded the Board that public hearing information is available for the public in advance of the date of the meeting and citizens are expected to take the responsibility of keeping themselves informed. Discussion followed regarding voting procedures at workshops and special meetings. Commissioner Adams felt the Board has made responsible decisions based on all information presented, not just at the various meetings held on public items. She believed that some citizens will always think there should have been another notice and/or another meeting, regardless of how many newspaper publications, public meetings and workshops are offered. Items. County Attorney Vitunac suggested an addition to the Agenda under Item 9, Public Notice BM Koolage was recognized by the Chairman and expressed his feeling that the Children's Advisory Council was passed without an overall plan to implement and that the public did not support this. Jun Granse expressed his support for Commissioner Ginn's suggestion of an additional item on the agenda Tom Buchanan expressed his disappointment with the Children's Advisory Council. CONSENSUS was reached to place Public Notice Items on the Agenda under Item 9-C. MAY 20, 1997 104 13.D.2. VERO BEACH ESTATES — DISCUSSION REGARDING ABILITY TO BUILD STATUS — VERO BEACH ESTATES LOTS DECLARED SURPLUS PROPERTY The Board reviewed a letter ofMay 13, 1997 with attachments: 4 Karlin Daniel & Associates, Inc. Licensed Red! Estate Brokers DELIVERED VIA FACSIMILE AND U.S. MNL May 13, 1997 Mr. Dennis Ragsdale, AICP Director of Planning City of Vero Beach PO Box 1389 Vcro Beach, FL 32961-1389 Re: Lot 11, Block 8, Vero Beach Estates (Cypress Road -Eagle Drive) Lot 28, Block 7, Vern Reach Rstatm (Acacia Road-Ragle chive) Dear Dewls: 1213 74 —j, HAY 1991 To follow-up our Thursday tnornmg conversation, I would like to request a letter, regarding the ability to build status of both of the above referenced sites. Enclosed plea find cupid of surveys of the properties for your information. As these properties are to be auctioned June 4, 1997, I would kindly appreciate your prompt attention to this natter at yaw earnest convenienee. Very UWY yob KARLIN DANIEL & ASSO TES, INC. F.W. "Rick" B MAY 20, 1997 105 CYPRESS ROAD --.O' w iE. R LIT 10 t I LOT II I LOT 12 9 a 0.I JOC.LL Fit.D ad Illlnt _ PALMS R PEPPERS M. iFd, O.OS L O T 26 �' ► `fix►�W a�*i4...w .9-'f�+►� MEN' No record search was Trade for encumbrances. BOUNDARY SURVEY LEGALDESCRIPTION I of 11, Mock 4, Vitro Btaoh Eeloloe to roamrded in' Plat Book 5. Pogo e, Public Records Of St. Luale County, naw lying and being in Indian River County, Florida. SU Y= R I ST 1 lSZd 1. Char las A. Cramer. hereby —lily that this Survey me mode oe tnt tlrt.1iI under my Ww"diels wporvil{On. in accordance with W0rOv16wn6 rd Cnoptor 211114-e of Ina Ftwide ,ru"nigirodw coda, pur. wont i, Chepa► 472 of the Florida Statutes. Thera are aa, en- croachments either way 'ecrou boundaries, except as shown. _ 1 noliaI Charas A.' Cramer ' P L.S. Rea t 4094 I840 250 ST Indioa Fiver County Surveyor Ware amok, FI. 32980 1401 F Be?. 8000 MA -Y20,1997 106 r, N Cl CAGE 571 _ /O' I•R FD. SG12o�'t.M. 4 Coaa. • s wale rjp'.e O.OBS.0.32 7W"'-°6*' 0 23'w e `o. -P PALMB q PEPPERS IV R �! X Cftwo SCALE.' / ` • 20' C rFALM4 y et kPEP q LIT 10 t I LOT II I LOT 12 9 a 0.I JOC.LL Fit.D ad Illlnt _ PALMS R PEPPERS M. iFd, O.OS L O T 26 �' ► `fix►�W a�*i4...w .9-'f�+►� MEN' No record search was Trade for encumbrances. BOUNDARY SURVEY LEGALDESCRIPTION I of 11, Mock 4, Vitro Btaoh Eeloloe to roamrded in' Plat Book 5. Pogo e, Public Records Of St. Luale County, naw lying and being in Indian River County, Florida. SU Y= R I ST 1 lSZd 1. Char las A. Cramer. hereby —lily that this Survey me mode oe tnt tlrt.1iI under my Ww"diels wporvil{On. in accordance with W0rOv16wn6 rd Cnoptor 211114-e of Ina Ftwide ,ru"nigirodw coda, pur. wont i, Chepa► 472 of the Florida Statutes. Thera are aa, en- croachments either way 'ecrou boundaries, except as shown. _ 1 noliaI Charas A.' Cramer ' P L.S. Rea t 4094 I840 250 ST Indioa Fiver County Surveyor Ware amok, FI. 32980 1401 F Be?. 8000 MA -Y20,1997 106 r, N Cl CAGE 571 DATE 5/6!97 SHWT 1 SCALE -WS OF 7 DW BY TW SWAN MAY 20, 1997 107 F �C 101 0 - , 5,1,3 Commissioner Ginn stated that she had received calls from citizens on Acacia Road asking her to investigate their concerns regarding the 50 -foot lots involved The City only allows development on a 75 foot lot and most of the homes in that area are built on 2 lot parcels. General Services Director Sonny Dean advised that these lots had been declared surplus property. He checked with the City and was advised these were buildable lots. The sale has already been advertised and we have a contract. County Attorney vtunac advised this problem goes back to the 1950's when the minimum lot size changed. No action taken. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board will reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no fin Cher business, on Motion duly made, seconded, and carried, the Board adjourned at 12:42 p.m. ATTEST: Minutes Approved: MAY 20, 1997 108 Carolyn Kyggert ChaiggalO