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HomeMy WebLinkAbout5/27/1997MIN[J'rES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A Tuesday, May 27,1997 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 None 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS Additions: 12. Claims Review Hearing 13.E.1. Comment on Herb Kale Trail 13.E.2. Children's Services Network Report 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation Designating Month of June, 1997 as Safety Month in Indian River County 6. APPROVAL OF MINUTES Regular Meeting of April 22, 1997 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1.) I.R. Farms Water Control District, Budget for Year Ended 09-30-98; 2) LR. Farms Water Control District Map; 3) St. of Fla., Annual Local Govn't. Financial Report, FY 1995-96; 4) St. Johns Water Con- trol Dist., General Purpose Financial State- ments & Reports of Independent Certified Public Accountants, Sept. 30, 1996 B. Approval of Warrants (memorandum dated May 15,1997) 2-11 C. Approval of Out -of -County Travel for Commis -4,„.r, !U -"L' sioners & Appropriate Staff to Attend FAC Annual Conference & Educational Exposition 40, in Ft. Lauderdale, June 25-27,1997 12 7. CONSENT AGENDA lcont'd Z Vit' '� � :J F'��[;F e 4 � BACKUP PAGES D. Donald MacDonald Improvements - Final Payment and Release of Retainage (memorandum dated May 19, 1997) 13-14 E. Sebastian Lakes Winn Dixie Agreement Between P.T.C. Enterprises, Inc., & I.R.C. - Change Order No. 1 and Release of Retainage (memorandum dated May 13,1997) 15-22 F. Florinet Additional Grant Funds (memorandum dated May 15, 1997) 23-30 G. Tourist Development Council - 1997/98 Budget Recommendation (memorandum dated May 22, 1997) 30A 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Mr. & Mrs. Dodson's Request to Divide Lot F of Hidden Acres S/D (memorandum dated May 21, 1997) 31-39 2. Continued Consideration of Modifi- cations to Residential/Agricultural Buffer Requirements (memorandum dated May 21, 1997) 40-50 (continued from meeting of 5/20/97) 3. Petition Water Service - 129th Street (Between Old Dixie & Riverside Drive) Resolution III (memorandum dated May 16, 1997) 51-68 4. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.06 - CODE OF ETHICS AND CONDUCT OF I.R.C. 69-76 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None - 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None _ 11. DEPARTMENTAL WERS (cont'd.): C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works 1. Amendment No. 2 to Work Order # 1 - Professional Engineering Services - CR510/US 1 Intersection Improvements (memorandum dated May 15, 1997) 2. CR512 Corridor Improvements Phase B from Seb. Elem. School to US 1 (memorandum dated May 20, 1997) H. Utilities Durrance Road Force Main Extension - Change Order & Final Pay Request (memorandum dated May 13, 1997) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Carolyn K. Eggert B. Vice Chairman John W. Tippin C. Commissioner Fran B. Adams D. Commissioner Caroline D. Ginn Appointment to Utilities Advisory Committee (no backup provided) E. Commissioner Kenneth R. Macht OCKUP PAGES 77-79 80-99 100-107 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District 1. Approval of Minutes - Meeting of 4/15/97 2. Authorization to Surplus EMS Division �U�r'°T Vehicle #737 to the Emergency Services 6 Fire Division (memorandum dated May 19, 1997) 108-109 l I .i. fS�;� � i �ACKUP 14. SPECIAL DISTRICTSBOARDS (cont'd ): PAGES B. Solid Waste Disposal District 1. Groundwater Monitoring Well Replacement (memorandum dated May 14, 1997) 110-122 2. Biennial Water Quality Report (memorandum dated May 14, 1997) 123-132 C. Environmental Control Board None 15. ADJOURNMENT ** The Claims Review Hearing Committee will meet following the Board of County Commissioners Meeting Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting broadcast live on TCI Cable Channel 13 - rebroadcast 5: 00 p.m. Thursday through 5: 00 p. m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening � s � INDEX TO MINUTES MAY 27,1997 REGULAR MEETING BOARD OF COUNTY COMMISSIONERS 1. CALL TO ORDERNNNNNN..NNN....N.....N»N....... NN.N...N»...........NN».»..................N» »...1 2. INVOCATION.....».......»............»...............»....»..........»............. ...»»» ............».»................1 PLEDGEOF ALIGIANCE»N.»...........».»NN..NNNN....NN...NNNN.N�NN„»N................»NNN.N»,,....N 1 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS NNN. N..».N..».......................N 1 5. PROCLAMATIONS AND PRESENTATIONS .»............ N».....»»N...N»..NNN..»N............N..»..............N..N 2 6. APPROVAL OF MINUTES...N.......N..NN..N...».N.......N..N.NN..NNNN.NNNN».......»..».N.N.....�.. 4 7. CONSENT AGENDA NN»N»........N.N......................4 7.A. REPORTS.............................................................................................................................................. 4 7.B. APPROVAL OF WARRANTS.................................................................................................................... 4 7.C. FLORIDA ASSOCIATION OF COUNTIES ANNUAL CONFERENCE & EDUCATIONAL EXPOSITION - OUT -OF - COUNTY TRAVEL APPROVED FOR COMMISSIONERS & APPROPRIATE STAFF TO ATTEND ..................................... 12 7.D. DONALD MACDONALD PARK IMPROVEMENTS - FINAL PAYMENT & RELEASE OF RETAINAGE - SUMMERLINSEVEN SEAS, INC.......................................................................................................................... 13 7.E. SEBASTIAN LAKES WINN DmE AGREEMENT - P.T.C. ENTERPRISES, INC. - CHANGE ORDER NO. 1 AND RELEASEOF RETAiNAGE................................................................................................................................... 13 7.F. FI.ORIIVET ADDITIONAL GRANT FUNDS - LIBRARY.................................................................................... 14 7.G. TouRIST DEVELoPMENT CoUNaL -1997/98 - BUDGET RECOMMENDATIoN....................................... 15 9.A.L PUBLIC HEARING- HIDDEN ACRES S/D -LOT F DIVIDED AT REQUEST OF MR. & MRS. DODSON.N-.NNN.N.NN. NN....N.NN.N...NN.N.NN...N...NN...NNN.......NN.N.NNN.NN..NN..N.NN..........N 1 9-k2. PUBLIC HEARING - CONTINUED CONSIDERATION OF MODIFICATIONS TO RESIDENTIAL/AGRICULTURAL BUFFER REQUIRE MENTS.»NNN»....N...»N..............NN..»N»,.......N...,., 21 9.A.3. PUBLIC HEARING PETITION WATER SERVICE -129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) RESOLUTION »...» 32 9.A.4. PUBLIC HEARING - CODE OF ETHICS AND CONDUCT _..41 11.G L CR 510/US-1 INTERSECTION IMPROVEMENTS - KIMLEY HORN - AMENDMENT #2 TO WORK ORDER NO. 1- PROFESSIONAL ENGINEERING SERVICES NNN.»......... 44 1LG 2. AWARD BID #7044 - CR -512 CORRIDOR Il"ROVEMENTS - PHASE B - FROM SEBASTIAN ELEMENTARY SCHOOL TO IIS -1- HEWITr CONTRACTING COMPANY, INC. ».NNN. 45 so,,�ry 101 PAGE .- B09K � U PAa 57 1L$ DURRANCE ROAD FORCE MAIN EXTENSION- CHANGE ORDER AND FINAL PAY REQUEST- DRIVEWAYS, INC. .». .......�- 46 12. SCHEDULE PUBLIC HEARING ON CLAIM OF WII.LIAM O'BRIEN - ATTORNEY LYMAN REYNOLDS 48 13.D. UTILITIES ADVISORY COMMITTEE APPOINTMENTS -49 13.E.L HERB KALE TRAIL DEDICATION CEREMONIES 51 13.E.2. CHII.DREN'S SERVICES NETWORK REPORT --sl DOCUMENTS TO BE MADE PART OF THE RECORD - PROCLAMATION HONORING REVEREND FATHER JOHN B. O'HARE ON HIS RETIREMENT 52 14.A. EMERGENCY SERVICES DISTRICT. 53 14.11. SOLID WASTE DISPOSAL DISTRICT ................»... 53 Tuesday, May 27, 1997 The Board of County Commissioners of Indian River County, Florida, met in Regular Session in County Commission Chambers, 1840 25h Street, Vero Beach, Florida, on Tuesday, May 27, 1997, at 9:00 a.m. Present were Carolyn K. Eggert, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Caroline D. Ginn, and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney, and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Chairman Eggert called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Tippin gave the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge. 4. ADDITIONS TO THE AGENDMEMERGENCY ITEMS Chairman Eggert called upon County Attorney Charles P. Vitunac to explain the moving of the Claims Review Hearing and adding it to the agenda as item 12. Commissioner Macht requested the addition of two items: 13.E.1. — Comment on Herb Kale Trail; and 13.E.2. — Children's Services Network Report. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Tippin, the Board unanimously added the above items to the agenda. 5. PROCLAMATIONS AND PRESENTATIONS This item was delayed as the recipient was not present. It was actually presented after the public hearings at which time Chairman Eggert read the following proclamation and presented it to Mr. Rodney Walls. Mr. Walls thanked the Board and gave a short report on the reduction of costs on worker's compensation. 1 � r MAY 27 1997 5CJK I Ui FA be 31K PROCLAMATION DESIGNATING THE MONTH OF JUNE, 1997 AS SAFETY MONTH WHEREAS, the promotion of safety awareness helps to reduce accidental injuries in the workplace, home and community; and WHEREAS, ignoring safety rules contributes to accidents on and off the job, endangers the well being of our families and raises the cost of doing business; and WHEREAS, the Florida Department of Labor and Employment Security, Division of Safety, the American Society of Safety Engineers and other organizations will observe the month of June, 1997 as Safety Month; and WHEREAS, the theme for this observance is "Safety: It's a Way of Life"; and WHEREAS, the observance of Safety Month promotes safety awareness and the prevention of unintentional injuries: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of June, 1997 will be designated as SAFETY MONTH in Indian River County, and the Board wishes to join the member of the Division of Safety in this annual observance, and urges all citizens to support efforts and activities to promote safety awareness. Adopted this 27 day of May, 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA W77, FIMin4sl 6. APPROVAL OF MINUTES The Chairman advised of minor corrections to the Minutes of the Regular Meeting of April 22, 1997. She noted that Page 47 had some handwritten corrections to be made and on Page 37, at the top, she thought it should read "teeth in" rather than "teeth on". There were no other corrections. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously approved the Minutes of the Regular Meeting of April 22, 1997, as amended. 2 MAY 27, 1997 CONSENT AGENDA Commissioner Ginn asked that 7.G. be separated from the Consent Agenda. 7.A. Reports Received and placed on file in the office of the Clerk to the Board: Indian River Farms Water Control District, Budget for Year ended 9/30/98; Indian River Farms Water Control District Map; State of Florida Annual Local Government Financial Report FY 1995-96; St. John Water Control District, General Purpose Financial Statements & Reports of Independent Certified Public Accountants, 9/30/96 7.B. Approval of Warrants The Board reviewed a Memorandum dated May 15, 1997: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MAY 15, 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 May 9 to May 15. 1997. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the list of Warrants issued by the Clerk to the Board for the time period of May 9 to May 15, 1997, as requested. vt; 3 MAY 279 1997 EO:��' r{�r 53 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0017769 AMERICAN NATIONAL TITLE & 6/11/96 - y .00 0017962 FLORIDA UNEMPLOYMENT 10/22/96 b0." .00 0018429 BARTON, JEFFREY K -CLERK 5/09/97 193.80 0018430 BARTON, JEFFREY K, CLERK 5/09/97 50.20 0018431 BANKS, JANET 5/14/97 2.00 0018432 INDIAN RIVER COUNTY 5/14/97 50.00 0018433 GIBSON, PATRICIA FOR CIARA 5/14/97 1,258.75 0018434 KRUCZKIEWICZ, LORIANE 5/15/97 138.50 0018435 BREVARD COUNTY CLERK OF THE 5/15/97 166.79 0018436 ORANGE COUNTY CLERK OF THE 5/15/97 135.20 0018437 ST LUCIE COUNTY CLERK OF THE 5/15/97 541.75 0018438 VELASQUEZ, MERIDA 5/15/97 200.00 0018439 INDIAN RIVER COUNTY CLERK OF 5/15/97 2,367.83 0018440 JACKSON COUNTY CLERK OF THE 5/15/97 124.80 0018441 DOUGLAS COUNTY CLERK OF COURT 5/15/97 23.08 0018442 BARTON, JEFFREY K -CLERK 5/15/97 95.50 0018443 VERO BEACH FIREFIGHTERS A$SOC. 5/15/97 1,992.00 0018444 INDIAN RIVER FEDERAL CREDIT 5/15/97 85,072.54 0018445 COLONIAL LIFE & ACCIDENT 5/15/97 257.69 0018446 TEAMSTERS LOCAL UNION NO 769 5/15/97 3,542.56 0018447 NACO/SOUTHEAST 5/15/97 3,226.04 0018448 KEY TRUST COMPANY OF FLORIDA 5/15/97 989.18 0018449 TRANSOUTH FINANCIAL CORP 5/15/97 15_5.72 0210182 JONES, IDA AND FPL 10/01/9600 0210207 MORALES, CATHERINE AND CITY OF 10/01/96 .00 0210585 HOOVER, RICHARD 10/03/96 .00 0210616 BILLMAN, KATHERINE 10/03/96 .00 0210628 BAKAKIS, SPIROS 10/03/96 .00 0210655 GLEASON, WILLIAM 10/03/96 .00 0210660 VERO BUILDING CORP 10/03/96 .00 0210663 GHA GRAND HARBOR LTD 10/03/96 .00 0210680 WINTER PARK CONSTRUCTION CO 10/03/96 .00 0210725 BARNETT BANK 10/10/96 .00 0211027 WAL-MART PHARMACY, INC 10/10/96 .00 0211043 R ZORC & SONS BUILDERS, INC 10/10/96 .00 0211046 WALBRIDGE, LUTHER 10/10/96 .00 0211055 WILSON, WINONA 10/10/96 .00 0211064 GROSS, FREDERICK C 10/10/96 .00 0211070 MICHAHEL MLEKO GEN CNT 10/10/96 .00 0211422 BALLOW, DEBORAH 10/17/96 .00 0211442 SPANK, ZAMARIA 10/17/96 .00 0211459 SECHEN, ROBERT N 10/17/96 .00 0211771 ALCANTARA, CAROLYN 10/24/96 v � .00 0212233 PROCTOR CONSTRUCTIN CO INC 10/31/96 .00 0212587 ROSSKAMP, LUMAINE B 11/07/96 '� I .00 0220841 HUNTER, JOHNNY M 4/10/97 '� �.00 0222070 APPLE MACHINERY & SUPPLY 5/08/97 !.00 0222430 A A FIRE EQUIPMENT, INC 5/15/97 113.00 0222431 ADVANCED GARAGE DOORS, INC 5/15/97 75.00 0222432 AERO PRODUCTS CORP 5/15/97 741.50 0222433 AHR, C JONATHAN PHD 5/15/97 500.00 0222434 AIRBOURNE EXPRESS 5/15/97 9.95 0222435 AMERICAN PLANNING ASSOCIATION 5/15/97 690.00 0222436 AMERICAN PROBATION & PAROLE 5/15/97 35.00 0222437 APPLE MACHINERY & SUPPLY 5/15/97 731.27 0222438 ATCO TOOL SUPPLY 5/15/97 308.13 0222439 ATLAS PEN & PENCIL CORP 5/15/97 440.65 0222440 AUTO SUPPLY CO OF VERO BEACH, 5/15/97 229.37 0222441 ALPHA HEALTH SERVICE, INC 5/15/97 1,366.66 0222442 A T & T 5/15/97 195.09 0222443 ALL FLORIDA BEVERAGE & OFFICE 5/15/97 26.75 0222444 ADVANCED MEDICAL & PHARMACY 5/15/97 35.60 0222445 ADDISON OIL CO 5/15/97 442.00 0222446 A T & T 5/15/97 12.60 0222447 AMERICAN COASTAL ENGINEERING, 5/15/97 8,812.50 0222448 AMERIDATA 5/15/97 366.60 0222449 ASHBROOK CORP 5/15/97 869.98 0222450 ATLANTIC COASTAL TITLE CORP 5/15/97 122.00 0222451 ALBERTSON'S 5/15/97 246.56 0222452 ALLEN, CHERI 5/15/97 42.75 4 MAY 279 1997 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0222453 AUTO PARTS OF VERO, INC 5/15/97 2,266.83 0222454 ARCHTECTS & DESIGNERS 5/15/97 35.79 0222455 AMERICAN REPORTING 5/15/97 65.75 0222456 ARCH PAGING 5/15/7 42.00 0222457 ALK LABORATORIES INC 5/15/97 110.80 0222458 BAKER & TAYLOR, INC 5/15/97 1,340.61 0222459 BOARD OF COUNTY COMMISSIONERS 5/15/97 4,427.50 0222460 BENSONS LOCK SERVICE 5/15/97 13.00 0222461 BROOKS, RONALD R 5/15/97 72.75 0222462 BELLSOUTH MOBILITY 5/15/97 412.20 0222463 BARTON, JEFFREY K- CLERK 5/15/97 43,116.50 0222464 BARTON, JEFFREY K -CLERK 5/15/97 3,044.00 0222465 B & B INDUSTRIAL SUPPLY CO. 5/15/97 418.07 0222466 BOATS N MOTORS 5/15/97 635.00 0222467 BAKER & TAYLOR INC 5/15/97 42.92 0222468 BRODART CO 5/15/97 32.25 0222469 BONET, JAMES RN 5/15/97 80.00 0222470 BRODA, JANICE C 5/15/97 115.62 0222471 BOOKS IN MOTION 5/15/97 30.00 0222472 BUSINESS COMMUNICATIONS, INC 5/15/97 225.80 0222473 BRITTINGHAM, STEPHEN T 5/15/97 21.40 0222474 BOOKS ON TAPE 5/15/97 216.92 0222475 BAKER & TAYLOR ENTERTAINMENT 5/15/97 198.30 0222476 BELLSOUTH 5/15/97 6,213.83 0222477 BEAZER HOMES, INC 5/15/97 180.00 0222478 BLUE CROSS/BLUE SHIELD OF 5/15/97 7,942.00 0222479 BELL CHEVROLET-GEO INC 5/15/97 35,011.10 0222480 BELLSOUTH PUBLIC COMMUNICATION 5/15/97 277.96 0222481 BLACKSTONE AUDIOBOOKS 5/15/97 18.00 0222482 BARNETT, ROBERT P 5/15/97 64.80 0222483 BEACH BEVERAGES & ASUTOSH I 5/15/97 4,834.05 0222484 BANK OF NEW YORK 5/15/97 500.00 0222485 BELLSOUTH 5/15/97 40.84 0222486 BILINGUAL PUBLICATIONS CO 5/15/97 52.94 0222487 CARTER ASSOCIATES, INC 5/15/97 1,260.00 0222488 CENTRAL WINDOW OF VERO BEACH, 5/15/97 239.00 0222489 CHANDLER EQUIPMENT CO, INC 5/15/97 336.12 0222490 CLEMENTS PEST CONTROL 5/15/97 580.50 0222491 COLD AIR DISTRIBUTORS 5/15/97 190.90 0222492 COLLINS, WILLIAM G II 5/15/97 102.61 0222493 COMMUNICATIONS INT'L INC 5/15/97 528.55 0222494 CONSOLIDATED ELECTRIC SUPPLY 5/15/97 316.95 0222495 CONSTRUCTION HYDRAULICS 5/15/97 194.87 0222496 CONTROL TECHNOLOGY 5/15/97 17,955.00 0222497 CORBIN, SHIRLEY E 5/15/97 70.00 0222498 CREATIVE FLOORS OF VERO BEACH, 5/15/97 212.24 0222499 GROOM CONSTRUCTION CO 5/15/97 500.00 0222500 COMPUSERVE INCORPORATED 5/15/97 11.09 0222501 CLARK WATER CONDITIONING 5/15/97 10.00 0222502 CLINIC PHARMACY 5/15/97 8.06 0222503 COPELAND, LINDA 5/15/97 52.50 0222504 CREST INFORMATION TECHNOLOGIES. 5/15/97 954.00 0222505 COASTAL CONSTRUCTION OF 5/15/97 37,014.77 0222506 COMPUTER & PERIPHERIAL 5/15/97 125.00 0222507 CUSTOM CARRIAGES, INC 5/15/97 329.35 0222508 CHIVERS NORTH AMERICA 5/15/97 44.64 0222509 CINDY'S PET CENTER, INC 5/15/97 20.14 0222510 CALL ONE, INC 5/15/97 1,077.87 0222511 CARLSEN, ERIK M 5/15/97 60.00 0222512 CLEANNET USA 5/15/97 19,691.94 0222513 CROSSROADS ANIMAL HOSPITAL 5/15/97 20.00 0222514 COMMONWEALTH LAND TITLE INS CO 5/15/97 5,000.00 0222515 CARSONITE INTERNATIONAL CORP 5/15/97 813.75 0222516 CAVENAUGH PLUMBING CO 5/15/97 1,817.66 0222517 CLIFFORD, MIKE 5/15/97 100.00 0222518 COMPAQ COMPUTER CORP 5/15/97 236.00 0222519 CENTRAL PUMP & SUPPLY INC 5/15/97 376.95 0222520 CUSTOM PUBLISHING SERVICES,INC 5/15/97 375.00 5 MAY 27, 1997 SM 101 FAGE586 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0222521 CANTU, MOSES 5/15/97 30.00 0222522 CAMPBELL, STEPHANIE 5/15/97 23.75 0222523 CENTER FOR EMOTIONAL AND 5/15/97 85.50 0222524 COMMERCIAL TITLE SERVICE,INC 5/15/97 7,963.00 0222525 CQ STAFF DIRECTORIES INC 5/15/97 180.75 0222526 CAL BUILDERS, INC 5/15/97 500.00 0222527 DAVES SPORTING GOODS 5/15/97 751.78 0222528 DELTA SUPPLY CO 5/15/97 926.41 0222529 DEMCO INC 5/15/97 637.90 0222530 DICKERSON FLORIDA, INC 5/15/97 173,185.36 0222531 DOCTOR'S CLINIC 5/15/97 288.00 0222532 DIXON, PEGGY C 5/15/97 87.50 0222533 DATA SUPPLIES, INC 5/15/97 199.29 0222534 DAVIDSON TITLES, INC 5/15/97 432.50 0222535 DATA FLOW SYSTEMS, INC • 5/15/97 1,045.61 0222536 DADE PAPER COMPANY 5/15/97 217.43 0222537 DOWNTOWN PRODUCE INC 5/15/97 142.94 0222538 DATABASE TECHNOLOGIES INC 5/15/97 121.72 0222539 DURHAM, KENNETH A 5/15/97 497.00 0222540 E -Z BREW COFFEE SERVICE, INC 5/15/97 148.00 0222541 EMERGENCY MEDICINE ASSOCIATES 5/15/97 41.00 0222542 E G P, INC 5/15/97 367.00 0222543 EAST COAST SOD 5/15/97 3,690.14 0222544 ELPEX, INC 5/15/97 3,123.64 0222545 ERHARDT, SUSIE 5/15/97 423.21 0222546 EDLUND & DRITENBAS 5/15/97 5,722.20 0222547 ECOTECH CONSULTANTS, INC 5/15/97 9,622.07 0222548 ELLIOTT, JEFF 5/15/97 40.00 0222549 FEDERAL EXPRESS CORP 5/15/97 87.01 0222550 FLORIDA BAR, THE 5/15/97 305.00 0222551 FLORIDA COCA-COLA BOTTLING CO 5/15/97 229.30 0222552 F P & L 5/15/97 5,733.00 0222553 FLORIDA SLUDGE, INC 5/15/97 4,851.00 0222554 FOURTH DISTRICT COURT OF 5/15/97 750.00 0222555 FLOWERS BAKING COMPANY OF 5/15/97 45.42 0222556 FLORIDA POWER & LIGHT 5/15/97 762.00 0222557 FLORIDA TIRE RECYCLING, INC 5/15/97 666.60 0222558 FERGUSON PUBLISHING CO 5/15/97 135.90 0222559 FLINN, SHEILA I 5/15/97 122.50 0222560 FALCON CABLE TV 5/15/97 7.30 0222561 FLORIDA INSTITUTE OF C P A'S 5/15/97 151.00 0222562 FALZONE, MATTHEW 5/15/97 19.00 0222563 FALZONE, CHRISTOPHER 5/15/97 38.00 0222564 FLORIDA DETROIT DIESEL -ALLISON 5/15/97 2,200.00 0222565 FUTURE HORIZONS, INC 5/15/97 76.75 0222566 FLORIDA AUTO SUPPLY 5/15/97 37.25 0222567 FINKLIN, WILLIE JR 5/15/97 19.00 0222568 FLORIDA TECH 5/15/97 11,312.13 0222569 GAYLORD BROTHERS, INC 5/15/97 69.25 0222570 GEORGE W FOWLER CO 5/15/97 358.64 0222571 GLIDDEN COMPANY, THE 5/15/97 451.61 0222572 GRAYBAR ELECTRIC CO, INC 5/15/97 350.17 0222573 GALE RESEARCH, INC 5/15/97 341.93 0222574 GASBOY INTERNATIONAL, INC 5/15/97 250.00 0222575 GOODYEAR TIRE & RUBBER 5/15/97 3,432.86 0222576 GNB TECHNOLOGIES 5/15/97 106.61 0222577 GREEN, MERCHON 5/15/97 42.75 0222578 GOLD COAST ANESTHESIA 5/15/97 319.00 0222579 HARRISON UNIFORMS 5/15/97 690.72 0222580 HI -TECH SERVICING TECH'NS 5/15/97 477.50 0222581 HIGHSMITH, INC 5/15/97 209.95 0222582 HILL DONNELLY CORPORATION 5/15/97 135.03 0222583 HUMANE SOCIETY OF VERO BEACH 5/15/97 11,940.00 0222584 HUNTER AUTO SUPPLY 5/15/97 2,098.09 0222585 HOLIDAY BUILDERS, INC 5/15/97 500.00 0222586 HELD, PATRICIA BARGO 5/15/97 63.00 0222587 HILL MANUFACTURING 5/15/97 367.58 6 MAY 279 1997 7 MAY 279 1997 BC�K 101 FADE 58-k CHECK CHECK CHECK NAME DATE AMOUNT NUMBER -- 0222588 HUD USER 5/15/97 20.00 0222589 HTE, INC 5/15/97 100.00 0222590 HOMETOWN PET CARE CENTER 5/15/97 81.00 0222591 HASENAUER, KRIS 5/15/97 28.50 0222592 HORN, LOUISE 5/15/97 178.68 0222593 INDIAN RIVER COUNTY 5/15/97 15.00 0222594 INDIAN RIVER COUNTY SOLID 5/15/97 8,668.40 0222595 INDIAN RIVER COUNTY 5/15/97 45.00 0222596 I S I INSTRUMENTATIONS 5/15/97 890.00 0222597 INDIAN RIVER BAT'T'ERY 5/15/97 1,203.29 0222598 INDIAN RIVER COUNTY 5/15/97 4,630.00 0222599 INDIAN RIVER COUNTY 5/15/97 1,356.85 0222600 INDIAN RIVER COUNTY BAR 5/15/97 125.00 0222601 INDIAN RIVER MEMORIAL HOSPITAL 5/15/97 261.01 0222602 INGRAM 5/15/97 3,057.59 0222603 INDIAN RIVER COUNTY 5/15/97 250.06 0222604 INNOVATIVE NETWORK SYSTEMS 5/15/97 6,000.00 0222605 INTERNATIONAL GOLF MANAGEMENT 5/15/97 68,333.33 0222606 INTERIM PERSONNEL:VERO BEACH 5/15/97 316.09 0222607 IRC EMPLOYEE HEALTH INSURANCE- 5/15/97 98,504.74 0222608 IKON OFFICE SOLUTIONS 5/15/97 263.13 0222609 IRON AGE CORP 5/15/97 85.40 0222610 JACKSON ELECTRONICS 5/15/97 133.22 0222611 JACOBS ELECTRIC MOTOR REPAIR 5/15/97 91.00 0222612 JUDGE, JAMES A II 5/15/97 691.32 0222613 JP COMPUTERS, INC 5/15/97 295.00 0222614 JOHN DEERE CO 5/15/97 13,901.90 0222615 JAMEISON PUBLISHERS 5/15/97 502.50 0222616 JAMAR TECHNOLOGIES, INC 5/15/97 92.00 0222617 JUDAH, KAREN E 5/15/97 59.38 0222618 JOHNSON, COURTNEY D 5/15/97 61.75 0222619 KNIGHT & MATHIS, INC 5/15/97 73.01 0222620 K & S RIP RAP SERVICES 5/15/97 3,900.00 0222621 KEITH & SCHNARSNARS 5/15/97 1,396.01 0222622 KIRBY AUTO SUPPLY 5/15/97 373.20 0222623 KT MOWER & EQUIPMENT 5/15/97 193.08 0222624 KLINK, RICHARD 5/15/97 1,012.00 0222625 KAPLAN, KAREN D.C. 5/15/97 41.00 0222626 KNOWLES, JAMAAL 5/15/97 38.00 0222627 LAWYERS TITLE INSURANCE 5/15/97 10,000.00 0222628 LUCAS WATERPROOFING CO, INC 5/15/97 135.00 0222629 L M P/ I CO 5/15/97 59.50 0222630 LEWIS, RUTH A 5/15/97 40.48 0222631 L B SMITH, INC 5/15/97 100.35 0222632 LIGHT SOURCE BUSINESS SYSTEMS 5/15/97 2,014.00 0222633 LFI VERO BEACH, INC 5/15/97 2,664.80 0222634 LUCENT TECHNOLOGIES 5/15/97 932.95 0222635 LAKE BUENA VISTA RESORT AND 5/15/97 59.00 0222636 MAX DAVIS ASSOCIATES 5/15/97 200.39 0222637 MAXWELL PLUMBING, INC 5/15/97 339.98 0222638 MCCORKLE RADIOLOGY 5/15/97 280.00 0222639 MCGRAW-HILL COMPANIES 5/15/97 90.79 0222640 MIKES GARAGE 5/15/97 35.00 0222641 MUNICIPAL EQUIPMENT CO 5/15/97 600.00 0222642 MASTELLEER, MOLER & REED 5/15/97 2,640.00 0222643 MIAMI ELEAVTOR COMPANY 5/15/97 11958.00 0222644 MAC PAPERS, INC 5/15/97 70.95 0222645 MASTELLE & MOLER, INC 5/15/97 20,248.26 0222646 MCMASTER-CARR SUPPLY COMPANY 5/15/97 188.19 0222647 MERCURY TECHNOLOGIES 5/15/97 392.31 0222648 M G B CONSTRUCTION 5/15/97 500.00 0222649 M C B COLLECTION SERVICES 5/15/97 42.26 0222650 MR BOB PORTABLE TOILET 5/15/97 304.48 0222651 MITY-LITE 5/15/97 557.54 0222652 MOORE MEDICAL CORP 5/15/97 398.32 0222653 M J ANDERSON COMMUNICATIONS 5/15/97 500.00 7 MAY 279 1997 BC�K 101 FADE 58-k m0 ,r !U -L r,, u 51S"! CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0222654 MANCINO, DANIELLE 5/15/97 61.75 0222655 MORRIS, AMANDA 5/15/97 19.00 0222656 MARTIN MEMORIAL MEDICAL CENTER 5/15/97 3,198.56 0222657 MAYR, SHARON 5/15/97 50.28 0222658 NOLTE, DAVID C 5/15/97 16,399.00 0222659 NORTH SOUTH SUPPLY 5/15/97 58.11 0222660 NATIONAL PROPANE CORP 5/15/97 41.66 0222661 NU CO 2, INC 5/15/97 63.95 0222662 NOLEN, VICKIE L 5/15/97 39.00 0222663 OFFICE PRODUCTS & SERVICE 5/15/97 539.52 0222664 OFFICE PRODUCTS & SERVICE 5/15/97 757.70 0222665 OXFORD UNIVERSITY PRESS 5/15/97 1,224.00 0222666 ORLANDO REGIONAL MEDICAL 5/15/97 1,968.52 0222667 OFFICE DEPOT, INC 5/15/97 2,579.89 0222668 ORLANDO SENTINEL, THE 5/15/97 117.00 0222669 O'NEIL, LEE & WEST 5/15/97 9,118.26 0222670 PAN AMERICAN ENG CO 5/15/97 225.00 0222671 PARKS RENTAL INC 5/15/97 66.00 0222672 PEACE RIVER ELECTRIC 5/15/97 223.97 0222673 PEPSI -COLA BOTTLING GROUP 5/15/97 75.50 0222674 PETTY CASH 5/15/97 64.90 0222675 PINTO, TERRANCE G 5/15/97 706.55 0222676 PRECAST CONCRETE PRODUCTS 5/15/97 100.00 0222677 PRIDE OF FLORIDA 5/15/97 882.00 0222678 POWERRAM, INC 5/15/97 734.00 0222679 PORT PETROLEUM, INC 5/15/97 638.19 0222680 PROGRESSIVE DATA MGMT, INC 5/15/97 5,417.00 0222681 PRESS JOURNAL 5/15/97 1,009.06 0222682 PROFESSIONAL COMPUTER SERVICES 5/15/97 258.00 0222683 PAGE, LIVINGSTON 5/15/97 60.00 0222684 PEOPLES TITLE, INC THE 5/15/97 5,000.00 0222685 PANGBURN, TERRI 5/15/97 20.00 0222686 PIECK, CHARLES M D 5/15/97 18.00 0222687 RADIO SHACK ACCT RECEIVABLE 5/15/97 210.26 0222688 RELIABLE WELL DRILLING 5/15/97 55.00 0222689 RIFKIN, SHELDON H PHD 5/15/97 1,000.00 0222690 RAYSIDE TRUCK AND TRAILER 5/15/97 392.57 0222691 RUBBER STAMP EXPRESS 5/15/97 4.92 0222692 RENAUD INC 5/15/97 750.00 0222693 ROY CLARK 5/15/97 3,975.00 0222694 ROGERS MD, J 5/15/97 16.00 0222695 SCOTTY'S, INC 5/15/97 1,960.13 0222696 SEBASTIAN SUN 5/15/97 445.50 0222697 SEWELL HARDWARE CO, INC 5/15/97 549.90 0222698 SOUTHERN EAGLE DISTRIBUTING, 5/15/97 441.20 0222699 ST LUCIE BATTERY & TIRE, INC 5/15/97 160.85 0222700 STURGIS LUMBER & PLYWOOD CO 5/15/97 123.49 0222701 SUNCOAST WELDING SUPPLIES, INC 5/15/97 272.10 0222702 SIMON & SCHUSTER CONSUMER 5/15/97 1,031.87 0222703 SUN TELEPHONE, INC 5/15/97 675.00 0222704 SHERWOOD, FRANCES G 5/15/97 72.00 0222705 SCHOOL DISTRICT OF IRC 5/15/97 1,300.00 0222706 SHADY OAK ANIMAL CLINIC 5/15/97 19.00 0222707 SOUTHERN SEWER EQUIPMENT SALES 5/15/97 72.46 0222708 SCHWARZ, BERTHOLD E MD 5/15/97 150.00 0222709 SALEM PRESS, INC 5/15/97 250.00 0222710 STEWART INDUSTRIES 5/15/97 21,397.36 0222711 STEVENS PRINTING 5/15/97 147.00 0222712 SOUTHEASTERN EMERGENCY EQUIP 5/15/97 537.24 0222713 SCHLITT BUILDERS, INC 5/15/97 312.54 0222714 SOUTHERN LOCK AND SUPPLY CO 5/15/97 118.24 0222715 SUNSHINE CHAPTER 5/15/97 272.00 0222716 STM COMPANY/SAVE THE MOMENT 5/15/97 35.00 0222717 SKALA, ERIC 1 5/15/97 118.38 0222718 SOUTHERN SECURITY SYSTEMS OF 5/15/97 100.00 0222719 STAPLES OFFICE SUPPLY 5/15/97 18.98 0222720 SLP INVESTMENTS 5/15/97 219.91 0222721 TITLEIST DRAWER CS 5/15/97 258.24 0222722 TRIBUNE, THE 5/15/97 164.25 MAY 27, 1997 m m m CHECK. NAME CHECK CHECK NUMBER -DATE AMOUNT 0222723 TREASURE COAST REFUSE CORP 5/15/97 329.69 0222724 TERRA INTERNATIONAL, INC 5/15/97 1,335.00 0222725 TAYLOR, ED 5/15/97 709.83 0222726 TECHNOLOGY PARTNERS 5/15/97 1,127.95 0222727 TRAFFIC PARTS, INC 5/15/97 5,279.20 0222728 TIPPIN, JOHN W 5/15/97 80.96 0222729 TRAVEL HUB 5/15/97 132.67 0222730 TRANSPORTATION CONSULTING 5/15/97 15,655.50 0222731 UNIVERSAL SIGNS & ACCESSORIES 5/15/97 325.00 0222732 UNIVERSITY OF FLORIDA 5/15/97 29.00 0222733 U S FILTER DISTRIBUTION,INC 5/15/97 34,846.30 0222734 VELDE FORD, INC 5/15/97 290.39 0222735 VERO BEACH, CITY OF 5/15/97 59,639.58 0222736 VERO CHEMICAL DISTRIBUTORS,INC 5/15/97 127.75 0222737 VERO LAWNMOWER CENTER, INC 5/15/97 348.68 0222738 VETROL DATA SYSTEMS, INC 5/15/97 1,590.23 0222739 VERO BEACH, CITY OF 5/15/97 344.04 0222740 VEY, CARRIE 5/15/97 190.00 0222741 VIDEO DISTRIBUTORS 5/15/97 67.97 0222742 WADSWORTH, DENNIS 5/15/97 63.00 0222743 WAKEFIELD, JUDITH A 5/15/97 112.50 0222744 WESTSIDE ANIMAL HOSPITAL 5/15/97 15.00 0222745 WITTEK_GOLF SUPPLY CO, INC 5/15/97 33.28 0222746 WRITER'S DIGEST BOOKS 5/15/97 248.48 0222747 W W GRAINGER, INC 5/15/97 164.28 0222748 WILSON SPORTING GOODS -GOLF 5/15/97 489.60 0222749 WILLHOFF, PATSY 5/15/97 130.00 0222750 WM THIES & SONS, INC 5/15/97 80.70 0222751 WATERWORKS CAR WASH 5/15/97 45.50 0222752 WSCF-FM 5/15/97 300.00 0222753 WAGNER, MICHAEL 5/15/97 80.00 0222754 WOSN-FM RADIO STATION 5/15/97 525.00 0222755 WAL*MART STORE 1068 5/15/97 90.00 0222756 WHITTINGTON, MEGAN 5/15/97 125.88 0222757 WILKES, TALI 5/15/97 30.00 0222758 WRITER'S BOOKSTORE,THE 5/15/97 22.95 0222759 WEST, WILLIE W 5/15/97 999.94 0222760 XEROX CORPORATION 5/15/97 50.00 0222761 ZORC, ASHLEY 5/15/97 23.75 0222762 WARD OR, CHARLES 5/15/97 249.92 0222763 JOHNSON, HARRY L & BETTY 5/15/97 5.74 0222764 DISCOUNT AUTO PARTS 5/15/97 200.00 0222765 WICKEL, RALPH J 5/15/97 113.58 0222766 AUSTIN, MARY LOU 5/15/97 52.54 0222767 VALENCIA, ENRIQUE A 5/15/97 106.86 0222768 PAN AMERICAN ENGINEERING CO 5/15/97 50.00 0222769 COBB, WILLIE JAMES 5/15/97 7.62 0222770 GARSON, ERIC 5/15/97 83.88 0222771 MANN, ELLERY 5/15/97 2.04 0222772 R ZORC & SONS BUILDERS, INC 5/15/97 59.56 0222773 WHEAT, DORIS 5/15/97 27.67 0222774 BRACKETT, ROBERT 5/15/97 35.75 0222775 VENCI, MR & MRS PAUL 5/15/97 43.21 0222776 HAGLER, KARIN J 5/15/97 83.87 0222777 MARTIN, CLARENCE F 5/15/97 23.10 0222778 JULIN, PAUL 5/15/97 30.97 0222779 HOLIDAY BUILDERS 5/15/97 78.85 0222780 HOLLERS, KARL, & BARBARA 5/15/97 39.20 0222781 JANOWITZ, EMIL LOUIS 5/15/97 76.52 0222782 SHEPARD, LUDELLA 5/15/97 44.59 0222783 MCGEE, ROBBIE 5/15/97 40.44 0222784 JOHN LLOYD BUILDERS, INC 5/15/97 93.35 0222785 HEISEL, MAMIE 5/15/97 34.10 0222786 BUTTS, TOM 5/15/97 38.49 0222787 GREEN, THELMA 5/15/97 3.42 0222788 CEMCO 5/15/97 44.12 0222789 LARANJO, JEFFREY R 5/15/97 8.44 0222790 GIFFORD GROVES LTD 5/15/97 27.69 9 MAY 279 1997 BOCK 101 PAGE 5 " CHECK NAME CHECK CHECK NEER DATE AMOUNT 0222791 WALDEN, WILLIAM 5/15/97 18.44 0222792 OWENS, WILLIAM EDWIN 5/15/97 14.93 0222793 MANUFACTURED HOME COMM/REPOS 5/15/97 84.53 0222794 RUSS 5/15/97 65.73 0222795 0 NEAL, EARL 5/15/97 38.06 0222796 STOUT, JEAN M 5/15/97 40.35 0222797 ZORC, RICHARD & ARLYNE 5/15/97 50.00 0222798 RIDINGS, JAMES 5/15/97 317.08 0222799 RICHTER, DARLA 5/15/97 40.59 0222800 MILLER, JASON P 5/15/97 29.05 0222801 KEEFE, BRIAN J 5/15/97 43.98 0222802 FOX, RAY T 5/15/97 33.73 0222803 MGB CONSTRUCTION INC 5/15/97 73.29 0222804 COLEMAN, THOMAS & RUTH 5/15/97 21.57 0222805 DIXON, JAMI R 5/15/97 28.29 0222806 PUDERER, DAVID & AVEN 5/15/97 51.83 0222807 SCARDUZIO, LOUIS 5/15/97 18.39 0222808 ROSATO, RALPH L 5/15/97 65.69 0222809 MYERS, CAROL F 5/15/97 65.59 0222810 FREY, KARI M 5/15/97 67.93 0222811 VIZZINI, RUSSELL W 5/15/97 30.43 0222812 GRIDLEY, CARLA 5/15/97 25.63 0222813 LECLERC, DOLORES 5/15/97 87.77 0222814 BEAZER HOMES FLORIDA INC 5/15/97 59.54 0222815 HINE, JEANNE 5/15/97 55.07 0222816 CHESLEY, ROGER & JOAN 5/15/97 73.60 0222817 STEVENS, DARRYL 5/15/97 11.95 0222818 BLANTON, WADE 5/15/97 56.37 0222819 FLORES, ANTONIO 5/15/97 48.63 0222820 CONNORS, PRISCILLA R 5/15/97 29.94 0222821 LIER, JENNIFER J 5/15/97 20.14 0222822 PORTER, JOHN 5/15/97 73.31 0222823 HUDGINS JR, CARLTON L 5/15/97 36.08 0222824 TRUJILLO, ANA 5/15/97 16.60 0222825 JONES, GOLDIE 5/15/97 65.61 0222826 YAGOBI, RAY 5/15/97 15.19 0222827 KIRKLAND, CURTIS 5/15/97 22.62 0222828 REED, JAMES & LOIS 5/15/97 50.00 0222829 MBK CONST LTD 5/15/97 236.72 0222830 LIDDLE, LINDA DAUDELIN & DAVID 5/15/97 27.53 0222831 SCHULTZ, DANIELLE 5/15/97 10.84 0222832 MC DOWELL, AMY 5/15/97 55.45 0222833 ROMO, GONZALO 5/15/97 63.25 0222834 KYLE'S RUN 5/15/97 87.47 0222835 FLORES, REBECCA 5/15/97 63.07 0222836 CRAWFORD, DORIS N 5/15/97 42.06 0222837 KELLY, KENNETH 5/15/97 28.59 0222838 CLOSE, ERIC 5/15/97 60.43 0222839 SIGTHORSSON, OSKAR B 5/15/97 44.01 0222840 PATTERSON, PATRICK 5/15/97 69.11 0222841 RIGHTON, L JANE 5/15/97 17.01 0222842 TROISI, CORINNE 5/15/97 60.76 0222843 BARFIELD, KRISTINA 5/15/97 30.75 0222844 J K INVESTMENT USA INC 5/15/97 82.93 0222845 HOCEVAR, ANDREW 5/15/97 50.00 0222846 HUNTER, JOHNNY 5/15/97 33.20 0222847 GASON, ROBERT 5/15/97 11.87 0222848 MILLER, JASON 5/15/97 15.58 0222849 KEEFE, BRIAN 5/15/97 42.92 0222850 VISCARDIS, PHYLLIS 5/15/97 26.65 0222851 MAY CHAPMAN, INC 5/15/97 28.30 0222852 FULLER, SHAWN 5/15/97 19.72 0222853 CAL BUILDERS, INC 5/15/97 30.91 10 MAY 27,1997 1,062,920.96 7.C. Florida Association of Counties Annual Conference & Educational Exposition — Out -of -County Travel Approved for Commissioners & Appropriate Staff to Attend The Board reviewed the registration form and fee schedule for the conference. ANNUAL CONFERENCE FEE SCHEDULE County Commissioner/County Staff: On or before June 1 ....................................... 175 On or before June 19 ..................................... $185 OnSite........................................................... $200 Sponsor/Exhibitor. On or before June 1 ....................................... $150 On or before June 19 ..................................... $160 OnSite........................................................... $175 Spouse/Non Business Guest On or before June 1 ......................................... $75 On or before June 19 ....................................... $85 OnSite........................................................... $100 other Private Sector: On or before June 1 ....................................... $395 On or before June 19 ..................................... $395 OnSite........................................................... $420 Florida Association of Counties ANNUAL CONFERENCE & EDUCATIONAL EXPOSITION Marriott's Harbor Beach ♦ Ft. Lauderdale, Florida ♦ lune 25-27,1997 REGISTRATION FORM FIRST NAME LAST NAME: FIRST NAMEMICIWAME (to appear on tanne b fte): COUIMM.OMPANY: MAILING ADDRESS: CrM.- jffLEIPOSmON: STATE_ _ZIP: _ TELEPHONE: ._) - FAX (•_ . PLEASE COMPLETE AND RETURN PAYMENT TO: FLORIDA ASSOCIATION OF COUNTIES, P.O. Box 549, TALLAHASSEE, FLORIDA 32302 PHONE: (904) 224-3148 ♦ FAX (904) 551.0871 CONFERENCE REGISTRATION: A refund will be given, provided written or faxed notice is received by FAC an or before Thursday- June 19, 1997. Due to advance commitments FAC must make to the hotel, an administrative fee of $50 will be charged for each registration canceled. NO REFUNDS WILL BE GIVEN AFTER THIS DATE. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved out -of -county travel for Commissioners and Appropriate Staff to attend the FAC Annual Conference & Educational Exposition in Ft. Lauderdale, June 25-27, 1997. 11 MAY 279 1997 bO11K N -L, PAA� 7.D. Donald MacDonald Park Improvements — Final Payment & Release of Retainage — Summerlin Seven Seas, Inc. The Board reviewed a Memorandum dated May 19, 1997: TO: James Chandler County Administrator C THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.EC4r Capital Projects Manager SUBJECT: Donald MacDonald Improvements Final Payment and Release of Retainage DATE: May 19, 1997 Construction of the picnic pavilion and boardwalk with fishing pier at Donald MacDonald Park is complete. There were no partial payments on this project so the final payment including retainage is for the total contract amount of $46,750.00. RECOMMENDATION AND FUNDING Staff recommends release of final payment including retainage in the amount of $46,750.00. Funding is from a $50,000.00 FRDAP Grant, Account No. 315-210-572-068.07 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved release of final payment including retainage in the amount of $46,750 to Summerlins Seven Seas, Inc., as recommended in the Memorandum. 7.E. Sebastian Lakes Winn Dixie Agreement — P.T.C.Enterprises, Inc. — Change Order No. 1 and Release of Retainage The Board reviewed a Memorandum dated May 13, 1997: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E.` Public Works Director i FROM: Roger D. Cain, P.E�' County Engineer / �/ SUBJECT: Sebastian Lakes Winn Indian River County - DATE: May 13, 1997 MAY 279 1997 Agreement between P.T.C. Enterprises, Inc., and ge Order No. 1 and Release of Retainage 12 CONSENT AGENDA DESCRIPTION AND CONDITIONS An agreement was approved on December 19, 1995 by the Board of County Commissioners for construction of Roseland Road Extension with P.T.C. Enterprises for the amount of $96,822.64, a copy of that agreement is attached. The county found it more economical to have our supplier do part of the final paving, therefore a reduction of $2,180.50 to the contract amount is reflected on this change order making the project amount paid by the county under this agreement, to date, $85,740.46. The Indian River County Engineering Division staff has inspected the above mentioned project and found that all construction appears to be satisfactorily constructed and in compliance with the plans. PTC Enterprises, Inc. has requested release of retainage of $11,082.18 less the change order, which would release $8,901.68, making the total paid by the county, to date, $94,642.14, ($85,740.46 + $11,082.18 - $2,180.50 = $94,642.14). ALTERNATIVES AND ANALYSIS Alternative No. 1 - Approve Change Order No. 1 and authorize the chairman to execute the Change Order and release the retainage. Alternative No. 2 - Deny the request. RECOMMENDATION & FUNDING Staff recommends approval of the change order and release of retainage. Funding will be from Account No. 101-153-541-067.71. PTC Enterprises, Inc. will request impact fee credits for other items of cost on this project which would increase the county's share. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the Change Order and Release of Retainage in the amount of $8,901.68 to P.T.C. Enterprises, as recommended in the Memorandum. 7.F. Florinet Additional Grant Funds - Library The Board reviewed a Memorandum dated May 15, 1997: DATE: MAY 15, 1997 T0: BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT oo# GENERAL SERVICES SUBJECT: FLORINET ADDITIONAL GRANT FUNDS FROM: MARY D. POWELL, LIBRARY SERVICES DIRECTOR " 13 MAY 27, 1997 6f1�r � E FAGE502 bony I . FAu j BACKGROUND: THE INDIAN RIVER COUNTY LIBRARY SYSTEM APPLIED FOR TWO BASIC CONNECTIVITY FLORINET GRANTS FOR NORTH INDIAN RIVER COUNTY LIBRARY AND THE LAW LIBRARY. INITIALLY THESE WERE NOT FUNDED, BUT ADDITIONAL FUNDS BECAME AVAILABLE, AND WE WERE AWARDED $3,500. FOR EACH LIBRARY. THESE FUNDS ARE IN ADDITION TO THE $30,000. FLORINET GRANT ALREADY RECEIVED. ANALYSIS: THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS' SIGNATURE IS REQUIRED ON BOTH ORIGINAL CONTRACT AGREEMENTS (ATTACHED). STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS CHAIRMAN TO SIGN THE GRANT CONTRACTS AND RETURN TO THE LIBRARY SERVICES DIRECTOR TO BE FORWARDED TO THE APPROPRIATE STATE LIBRARY STAFF. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously authorized the Chairman to sign the grant contracts, as recommended in the Memorandum. COPY OF PROJECT AGREEMENT IN ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. Tourist Development Council —1997/98 — Budget Recommendation The Board reviewed a Memorandum dated May 22, 1997: TO: Members of the Board of County Commissioners SUBJECT: TOURIST DEVELOPMENT COIINCIL 1997/98 BUDGET RECONIIVIENDATIOI FROM: Joseph A. Bain OMB Director DATE: May 22, 1997 - CONSENT AGENDA DESCRIPTION AND CONDMONS On May 21, 1997, the Tourist Development Council reviewed budget requests for fiscal year 1997/98 to be paid from Tourist Tax-revetnte, The Couoal'arecommendations are listed -below - OrB � 1996(97 Funding 1997M Request 1997198 T.D.C. Reoomm4dadon Cent for the Ate, Inc. 510,179 $4,890 54,890 CWhall Coursed of Lilian River Cotmty 513,250 552,424 552,424 Indian Riva County Chamber ofCommerce 5270.495 5308,442 S308.442 Indian River Comity Historical SooWW. Ina SO 530,000 $30.000 Beach Restoration (Offshore PEP Reet) S337,25t1 5389,500 5389,500 Reserve for Contingency 533,326- 520.000 — — _-"SO - - TOTAL 566400 mum S78S,256 14 MAY 2791997 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the amounts recommended by the Tourist Development Council. Commissioner Ginn advised that she has carefully reviewed backup documentation she had requested. She noted that "Heads on Beds" proposed budget has increased from $75,000 to $308,000. She wanted more information at budget time as to the success of Chamber of Commerce's program and is looking for their method of accounting to show that the tourist tax dollars have increased. Penny Chandler, representing the Chamber of Commerce, advised that the method used in determining the increase of tourism is based on the revenue collected. It is published each week in the Press Journal. OMB Director Joseph A Baird advised that the income has been excellent, that last year was the best ever. This year looks like it will be as good, if not better. Commissioner Macht believed that the lower gasoline prices should bring even more tourism this summer nationwide. A brief discussion was held concerning increase of tourism based on expenditures of advertising dollars. Ms. Chandler advised of need for additional volunteer staff needed for staffing the office. MOTION WAS MADE by Commissioner Ginn, SECONDED BY Commissioner Macht, to approve staffs recommendation. Under discussion, Commissioner Tippin, as a member of the Tourist Development Council, was aware of the increased foreign visitors and added that it is hard to measure results of various advertising. THE CHAIRMAN CALLED THE QUESTION and the motion was carried unanimously. 15 MAY 279 1997 6©'.,K U F'.1GE Bor 9.A.1. PUBLIC HEARING — HIDDEN ACRES S/D — LOT F DIVIDED AT REQUEST OF AM & MRS. DODSON PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hides who on =River that he is President of the Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of�,n in the �j Court, was pub- lished in said newspaper in the issues of AQ( I I C)v Q I I `q 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 River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. +r C6 •• N 0 74 vj! t OCZ ~ '� •• CC31 99?: &et Vic. O" R, f L .� to MAY 2791997 before me this 0 day o r i I . 19 State of Florida, My Conuarfsaion Exp. !0/11/97 Commie ion Nnmber. CC31 i SIV v •YL No . A IRA IL Tin- m— I [- NOTICE OF PUIBLIC HEARING Notla of hsatrg to consider recommending the granting of approval to divide lot F of Hidden Acres Subdivision, and create the smallest lot in the subdivision. The subled property is presently owned by Mr. & Mil Dodson, and is located at 905 -23rd Avenue. See the abovemaPjbr Mfioeattan. A, public hea ft at which par - fin in htlerest and dflmms shall have an opportwdly to be heard, will be half by,,Hur ung and Zoning Commistioa of Indian River County, Provide; in the County Commission Chambers of the County Administration Building, ' - I- as 1840 251h, Street, Vero Beach, Fkd& en Thursday, May 8,1997 at 7M pan. Please dhed pimerhng-reWW question to the oaroM develop- ment pla mMg radion. at 567. 8000, aid. 242, .A"om!rbc ,asory _ wish to appeal my which may be made at tlds meeting will need to amwe that a verbatim record of the woceedirW is made, which Includes tas8many and evidence upon which Hie oppeol b based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEERNO MUST CONTACT THE COUN?rS"-AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY PLANNING AND ZONING COMMISSION BY -s- Leland N. Gibbs, Jr., Chairman April 28, 1997 1076562r PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personalty appeared Darryl K. Hicks who on oath says that he is President of the Press-Joumal, a dally newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of �Jt � -� a C -'L, -x -<) IrOV1-7 lished in said newspaper in the issues of L�-'t-I 9 9 Court, was pub- Affiant further says that the said Press-Joumal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. ;W' -,'.. J OTA..v, Ady Comm. E>rpi►es OCT. 11, 1997 J No. CC311063 ; Q OF CIO...�,. before me thist 6 day of 1�L 19Al ` (J� o ' M. TUTTLE, NOTARY PUBLIC Cosandas, i Number: CC311063 SIP za Notary- 13BEEL A ilk. ')l'V TLIC -or�a. NOTICE OF PUBLIC HEARING Notice of hearing to consider the granting of approval to divide Lot F of Hidden Aces Subdivision, and create the smallest lot in the subdivision. The subject property is presently owned by Mr. & Mrs. Dodson, and is located at 905 23rd Avenue. See the above map for the location. A public hearing at which par- ties In interest and citizens shall have an opportunity to be heard, will be told by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building,. located at 1840 25th Street, Vero Beach, Florida on Tuesday, May 27,1997 of 9:05 a.m. Please direct planning -related questions to the current develop- ment plannirtg section at 567- 8000, ext. 242. Anyone who may wish to appeal any decision which may be node at this meeting will need to Insure that a verbatim record of he proceedings is made, which ndudes testimony and evidence :Pon which the appeal is based. ANYONE WHO NEEDS A SPE - :IAL ACCOMMODATION FOR 'HIS MEETING MUST CONTACT 'HE COUNTY'S AMERICANS MITH DISABILITIES ACT (ADA) , :OORDINATOR AT 567.8000 ,223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Carolyn K. Eggert, Chairman toy 15, 1997 1085947r Planning Director Stan Boling reviewed the Memorandum of May 21, 1997: TO: .TamAsa rbanc9T_csr DATE: County Administrator THROUGH: FROM: SUBJECT: MAY 2791997 DIV-MION HEAD CONCURRENCE: IttSbert M. Keatifig, AIGR Community Develolpmen irector 14 - 6!j. Stan Boling, AICP Planning Director Eric Blad _�,- Staff Planner, Current Development May 21, 1997 Mr. & Mrs. Dodson's Request to Divide Lot F of Hidden Acres Subdivision 17 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 27, 1997. Mr. & Mrs. Dodson have submitted a request to divide Lot F in the Hidden Acres Subdivision into two lots, one of which would be the smallest lot in the subdivision. Pursuant to the provisions of Chapter 913 governing the subdivision of land, the division of a platted lot that results in the creation of a lot having less square foot area than the smallest approved lot in the subdivision must be reviewed by the Planning and Zoning Commission and approved by the Board of County Commissioners. At its regular scheduled meeting of May 8, 1997, the Planning and Zoning Commission voted unanimously to recommend that the Board of County Commissioners grant the subject request with the conditions stated in the recommendation section of this report. The Board of County Commissioners is now to consider the potential impact of the proposed lot split upon the subdivision (neighborhood) as outlined in section 913.06(1)(F) (see attachment #5). After considering the recommendation from the Planning and Zoning Commission, the Board may either approve, approve with conditions, or deny the subject request. The Board may attach to its recommendation any reasonable condition(s) which it feels necessary to mitigate possible negative impacts. AN 7 Y=: Hidden Acres was originally platted as 8 one acre lots. In the late 1980s, the Board of County Commissioners approved a proposal to allow each lot in the Hidden Acres Subdivision to be split one time into two lots of approximately equal size, resulting in i acre lots. That Board decision was based upon the appropriateness of allowing } acre lots throughout the subdivision. Subsequent to the Board determination, Lots A, B, C, and H were legally split into two lots each, thus establishing 11 buildable lots. Currently the smallest lot within the Hidden Acres Subdivision is 21,375 square feet. The proposed lot (F) split will result in the creation of a 30,000 square foot lot and a 15,000 square foot lot. The 30,000 square foot lot needs to be larger than half an acre (21,780 square feet) to accommodate sufficient setbacks for the existing house on Lot F. The remainder of Lot F will result in the 15,000 square foot lot, which will measure 100' X 1501. In order to minimize the impact of creating the smallest lot in the subdivision, the applicant has proposed the following minimum building setbacks: Proposed: Required for RS -6 Zoning: North: 25' North: 10' South: 10' South: 10' East: 40' East: 20' West: 30' West: 20' These proposed building setbacks will provide for increased separation distances between residences and would be consistent with existing building separation distances in the subdivision. The location of the proposed lot line dividing Lot F, in conjunction with the special setbacks listed above, would establish a building separation distance of 65' between the existing residence on the northern portion of Lot F and the future residence on the newly created lot (see attachment #4). Because of the proposed 10' building setback on the south property line, in conjunction with a platted 35' easement that exists on the adjacent lot (Lot G), building separation to the south of the subject lot is guaranteed to be at, least 451. Staff supports the proposed lot split with the special building setbacks proposed, provided that deed restrictions are established to ensure that the proposed building setbacks are binding and run with the land. 18 MAY 27,1997 � s r 1. Zoning Classification: RS -6, Residential Single Family (up to 6 units per acre) 2. Land Use Designation: L-2, Low Density 2 (up to 6 units per acre) 3. Smallest Lot: Existing: 21,375 sq. ft. Proposed: 15,000 sq. ft. ` 4. Density: Existing Overall Hidden Acres Density: 1.31 units/acre Proposed Overall Hidden Acres Density: 1.42 units/acre 5. Surrounding Land Use and Zoning: North: Residence/RS-6 South: Residence/RS-6 East: 23rd Avenue, residence/RS-6 West: Glendale Terrace Subdivision/RS-6 Development of the newly created lot will be permitted through the normal building permit procedures for single family dwellings. �:1x.��)bw1�1�4�f:Vwi•l�`F3 Based upon the analysis performed, staff recommends that the Board of County_ Commissioners grant the proposed division of Lot F of Hidden Acres Subdivision with the following condition: 1. That prior to splitting Lot F: a. The applicant shall submit to staff for approval an executed covenant and restriction that will establish the proposed building setbacks; and b. The applicant shall record the approved, executed covenant and restriction. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Tippin, the Board unanimously approved the division of Lot F of Hidden Acres S/D on condition that prior to splitting Lot F, the applicant shall submit to staff for approval an executed covenant and restriction that will establish the proposed building setbacks; and the applicant shall record the approved, executed covenant and restriction, as recommended by staff in the Memorandum. 19 MAY 279 1997 �rq N, Bu" 1 01- mu 52' Bfl�1�lu_. PALS. 9.A.2. PUBLIC HEARING — CONTINUED CONSIDERATION OF MODIFICATIONS TO RESIDENTIAL/AGRICULTURAL BUFFER REOUMEMENTS (continued from 5/20/97) Chairman Eggert advised that the Board needed to decide about the nuisance disclaimer, but, because Commissioner Tippin was absent at the last meeting, if three of them wished to reopen the whole item, in order to discuss the buffer, as well, they could do that. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Ginn, the Board, by a vote of 4-1 (Commissioner Adams opposed), reopened consideration of the entire proposed amendment. Planning Director Stan Boling reviewed the Memorandum dated May 21, 1997, and advised that the ordinance presented for their consideration in the backup materials reflected the changes made at last week's meeting. TO: James E. Chandler County Administrator DIV SION HEAD CONCURRENCE: Obert M. Keatng,AA CP Community Deve opm t Director FROM: Stan Boling, AICP Planning Director - - DATE: May 21, 1997 SUBJECT: Continued Consideration of Modifications to Residential/Agricultural Buffer Requirements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 27, 1997. At its May 20, 1997 meeting, the Board of County Commissioners considered an ordinance proposing. modifications to the county's existing residential/agricultural buffer requirements. After public input and considerable discussion, the Board voted 3-1 to 20 MAY 27,1997 require a 30' wide, Type "A" buffer with a 6' opaque feature and a 40' building (residence) setback within new'residential projects where such projects abut active agricultural operations. The Board also considered but took no action on the issue of whether or not to require a nuisance disclaimer. Such a disclaimer would be used to "warn" potential lot buyers and new residents about potential nuisances from adjacent agricultural operations. Due to a lack of consensus, the Board continued consideration of the ordinance to its May 27th meeting. Based upon the Board's action at its May 20th meeting, staff has modified the proposed ordinance (see attachment #1; note: ordinance text changes made since the May 20th meeting are in bold type). The Board is now to give final consideration to adopting an ordinance that addresses the residential/agricultural buffer issue. P1 Besides the ordinance changes to reflect the Board's action at the May 20th meeting, staff has made one other change to the draft ordinance. That change was insertion of a provision indicating that the 40' special setback and the buffer requirement need to be in effect along the perimeter of a residential project for only as long as the adjacent agricultural use is in operation. Therefore, the new proposed ordinance states that the "...buffer, opaque feature, and special setback shall be maintained until such time as the adjacent property being buffered is converted to a non- agricultural use". In planning staff's opinion, no special buffering is necessary and normal zoning district setbacks should apply once the agricultural use that created the need for the setback and buffer is converted to an allowable non-agricultural use (e.g. residential). It should be noted, however, that residents of the original project within which the special buffer and setback were required, could decide to maintain the buffer and extra setback even after county regulations no longer require them to do so. Staff's full analysis of the residential/agricultural compatibility and buffer issue was included in its report for the May 20th Board meeting. 1. Newly Proposed Ordinance 2 : --Chart --Comp&=iaon oT_-Recommen3at1onBoard Action - - 3. Graphics: Type "A" & Type "B" Buffers4. Typ Type B Comparison of Rough Cost Estimates -i a "A"- vs. " " Buffers 5. Nuisance Disclaimer Options 6. Memo from Attorney's Office on Nuisance Disclaimer 21 MAY 279 1997 &L nrl U 1 PAGE '1 0- :� .. aw )jam Director Boling advised that some additional information had been provided in the backup, such as the following: ATfAQiMFaf1' 2 COMPARISON OF RECOMMENDATIONS & BOARD ACTION 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 6 opaque feature will be required Therefore, where the Hammond and Kerr Center properties interface, the stricter RMH-8 buffer requirement will apply. u\c\s\buffer2.cht ATfAl2lmkJrl' 4 COMPARISON OF BUFFER LANDSCAPING & FENCING INSTALLATION COSTS Type "A" Buffer Type A Buffer Type B Buffer 6' Opaque Feature Extra Setback Nuisance Disclaimer "Pending _ _ _ Yes; 120' each = $675 Ordinance" (installed) Y to 6' tall; 2.7 understory at $50 each = $300 each = $135 setback in all cases (installed) 6' wood fence in panels $7.50/ft. _ Existing LDRS _ Yes; 25' wide Yes Yes; 50' setback _ Total: $3,750 per 100' Total: $2,760 per 100' in lieu of buffer Staff _ Yes; 25' wide Yes _ _ Recommendation PSAC _ Yes; 25' wide Yes _ Yes Recommendation AAC Yes; 25' wide _ Yes _ Yes Recommendation PZC Yes; 25' wide _ Yes _ _ Recommendation BCC Action at Yes; 30' wide _ Yes Yes; 40' setback Action postponed 5/20/97 Meeting 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 6 opaque feature will be required Therefore, where the Hammond and Kerr Center properties interface, the stricter RMH-8 buffer requirement will apply. u\c\s\buffer2.cht ATfAl2lmkJrl' 4 COMPARISON OF BUFFER LANDSCAPING & FENCING INSTALLATION COSTS Type "A" Buffer Type "B" Buffer Per 100' Per 100' 30' width; 12 canopy trees; 6 understory 30' width; 5.4 canopy trees; 2 understory trees; 6' wood fence; no shrubs trees; 6' wood fence; no shrubs (installed) 10' to 12' tall; 12 canopy at $125 (installed) 10' to 12' tall; 5.4 canopy at $125 each = $1,500 each = $675 (installed) 5' to 6' tall; 6 understory at $50 (installed) Y to 6' tall; 2.7 understory at $50 each = $300 each = $135 (installed) 6' wood fence in panels $7.50/ft. _ (installed) 6' wood fence in panels $7.50/ft. _ $750 $750 Water truck 8 weeks Water truck 8 weeks 3 times a week at $50 per visit = $1,200 3 times a week at $50 per visit = $1,200 Total: $3,750 per 100' Total: $2,760 per 100' Source: Planning staff contacts with local landscape architect, and fence contractor on 5/21/97. 22 MAY 279 1997 Chairman Eggert stated that the buffer approved last week has bothered her all week; she felt it to be too extreme. Commissioner Macht remarked that he thought it was excessive and unnecessary. Then he referred to a memorandum in the backup as follows: INDIAN RIVER COUNTY, FLORIDA INTER -OFFICE MEMORANDUM TO John Wachtel - Staff Planner FROM ILS' William G Collins 11- Deputy County Attorney DATE. April 23, 1997 SUBJECT: Agricultural/Residential Compatibility Nuisance Disclaimers/Nuisance Easements We have had some discussion about the concept of nuisance disclaimers or nuisance easements whereby people developing residential property adjacent to existing agricultural operations would recognize that the agricultural operations were there first and disclaim any right to object to any nuisances associated with agricultural operations, i.e., noise, spray drift odor, etc. 1 don't believe such disclaimers would be legally valid. Local governments have the authority to adopt zoning ordinances that establish minimum standards to protect the health, safety and welfare of the public. That authority cannot be delegated to private individuals to contract among themselves as to what the appropriate minimum standards for health, safety end welfare are. This is usually called an unlawful delegation of a police power. However, it might be possible to have some legally validnD �M restnctions on property through either easements or deed restrictions. There are several ways that this might be accomplished: (1) The developer of a residential subdivision could in the Certificate of Dedication for the residential plat grant an easement over the platted property to the use and benefit of adjoining agncufural operations (with a legal description of the agricultural properties benefited) subjecting the platted property to continued noise, odor, spray drift, etc. affects from adjacent properties. (2) The developer of the residential property could record deed restrictions stating that all subsequent lot owners take properties subject to the pre- existing right of adjacent agricultural operations to continue those operations even though they may involve some spray, odor, noise. etc. which future lot owners might find to be a nuisance. (3) There could be a plat note reflecting an easement recorded off plat of the same nature. I don't think such private arrangements between adjacent property owners should be brought within the local zoning ordinances or land development regulations. Existing agricultural operations are already protected under the Florida Right to Farm Act, Section 823.14, Florida Statutes (attached). If the County, through its land development reguletions, wishes to provide additional protection to newly developed residential properties from existing agricultural operations, then 1 think extending the physical separation between new structures and the agricultural property line as the Board of County .Commissioners suggested, is a better approach. This extended buffer could then be landscaped more intensely than normal to provide noise, odor and spray drift barriers as was suggested by the members of the Agricultural Advisory Committee and the Professional Services Advisory Committee. 23 MAY 27, 1997 r —U -L FAU 5001, 101 FA ;E Gin, Commissioner Tippin had mixed feelings about the buffer being a little extreme but he definitely felt the nuisance disclaimer was too extreme. Commissioner Ginn countered that she felt the disclaimer provides notice to a purchaser and felt it might cut down on complaints, although she thought there had not been very many complaints. Director Keating advised that there were very few complaints in the Planning Department regarding citrus or other agricultural operations. Commissioner Ginn stated that she had to take both sides into consideration. She wanted to stay with a larger setback, but was willing to agree to a type `B" buffer of 25 feet. She also wanted to have the disclaimer to avoid future problems. matter. The Chairman opened the public hearing and asked if anyone wished to be heard in this Chuck McLaine, 5215 Tradewinds, president of OnSite Management Group advised that their company plans and builds quality projects. Stonebridge is one of their developments. He thought that the costs should not be driven up by excessive requirements. Tim Zorc, 3907 58h Circle, a member of the Treasure Coast Builders Assn., asked if this was the staff's or property owner's initiated request. Director Keating explained that it was initiated by the Board of County Commissioners several months ago during a Comprehensive Plan amendment when the land use designation of a property abutting an agricultural operation was about to be changed. Mr. Zorc discussed the additional costs concerning the buffer (see second chart on page 20). He stated that when the buffer is increased, it would increase the cost of the lot by approximately 20 feet in depth. He gave an example of a 80 x 125 lot, which would require an additional $9,000 cost per home site. Regarding the nuisance disclosures, he asked about disclosures in other than single family areas, such as day care centers in the middle of an active citrus grove? He suggested that the Board consider daytime effects as well as the nighttime effects. Norman Hensick , 425 3Vd Ave SW, advised that he is both a subdivision developer and grove owner. He wished to address the buffer and nuisance disclaimer. He told of the development of The Grove Subdivision. They have 30-35 families living there and he has not heard one complaint from anyone, nor any concerns from prospective buyers, about the agricultural operation adjacent to it. He thought that staff's recommendation on the buffering 24 MAY 279 1997 M M =` M requirements was fine. He thought the 40 -foot setback is somewhat excessive because it will take a lot of extra property and will definitely drive up the cost of a development. He thought the nuisance disclaimer was total over -kill. Potential buyers may tend to think there is more to it than there really is. He felt it put an extreme hardship on someone trying to sell property with that kind of disclaimer on it. He urged the Board vote against it. Commissioner Ginn asked Mr. Hensick about the setbacks in The Grove. Mr. Hensick thought there were some drainage easements that take about 50 feet. Because the development was done without a lake, the retainage was all done with dry retainage - type swales and easements. He guessed it was probably set back more than it could be. They are now doing Stonebridge Phase 4. He was unsure what the setbacks are there, they had to deal with agricultural buffering in place at the time. Commissioner Adams inquired if The Grove was in the urban service area, and Director Keating responded in the affirmative. Robert Adair, Director of the Vero Beach station owned and operated by the Kerr Center for Sustainable Agriculture, explained that the Center is a private non-profit agricultural research organization dedicated to developing sustainable agricultural techniques. He stated that the company would like to continue their operation. He remarked that the county is undergoing a lot of growth at present and that many ways things have been done in the past may not work in the future. The Center's land is now zoned A-1. To their south, property has been rezoned RMH 8. He showed some photos on ELMO of the trailer park to show the density of RMH-8. His specific concerns are three issues: sound, odor, and spray drift, which are even more intense with the greater density units, because more people are being impacted. To illustrate his focus on sound, Mr. Adair brought in a decibel chart and reported on the State's test on the decibel levels of a spraying operation. Mr. Adair stated that agricultural operations are changing; he predicted we are going to see more and more recycled materials being used for nutrients to keep costs down. Chicken manure is being used for fertilizer. Recycled wastewater is another type of reuse. These two examples bring concerns of odor. He advised that agricultural operations exist in urban use areas in California and they have nuisance disclaimers, agricultural setbacks and buffers. What worked in 1960 may not work now in Indian River County. Mr. Adair advised that there are 65,000 acres of citrus in Indian River County and we need to encourage this. He recalled complaints about Berry Farms when they started using chicken manure. He believed there should be a disclaimer to let people be aware before they buy their property. He suggested they could have "notification of active agricultural operation." He F, felt it needs to tie worked out just exactly how the disclaimer should be worded. He pointed out 25 MAY 27,1997 Jai i,P ti R that the Agriculture Advisory Committee and another committee had voted for the nuisance disclosure. Mr. Adair also believed the distance to the property when spraying needs to be considered regarding the density of the buffer. A planted buffer enhances the value and desirability of the property. He felt that nuisance disclosure may be the more important issue. Debb Robinson, vice president of Laurel Homes, stated that she does not own any property that will be affected. She has concern about development within the urban service -b district. She dismissed Mr. Adair's problem as unique as it exists only there. She gave a lengthy presentation giving facts and figures on development cost increases if certain measures are put into place. She believed it would cause artificial inflation of the property prices. She described in detail the full operation of spraying of citrus groves and reasoned the exposure to adjacent homes is minimal. She pointed out that homeowners also spray for pests. Concerning the noise perspective, she stated that noise is everywhere. She was very much against a nuisance disclaimer, because property will not sell at the additional cost. She felt we must work together for this deal with stormwater management. 1VIs. Robinson urged the Commissioners not to increase the setback more than 25'; not to require a nuisance disclaimer, and not to increase the `B" buffer. Nancy Offit, Government Affairs Coordinator for the Realtors Association of Indian River County, echoed the remarks of Ms. Robinson. She mentioned several reasons in speaking against the nuisance disclaimer. She cited several other nuisances such as train whistles and barking dogs, as examples of possible disclaimers. She asked the Commissioners to reconsider and vote against the nuisance disclaimer. Mr. Zorc spoke again briefly in reference to basing the setback on the density and active use of the property. It was determined that no one else wished to be heard and the Chairman closed the public hearing. In response to Chairman Eggert`s inquiry, Director Keating advised that new mobile home parks have to be platted and actually have lots like single family developments, so they would be less dense on the perimeter. Commissioner Adams commented that she gets complaints from all over the county, not just from Fellsmere, but the only area concemed in this issue is the urban service area. One of her real fears is that we have assumed development, because it generates more taxes, is good for 26 MAY 279 1997 M M M the county. Studies have shown that, yes, development does provide more taxes, but more services become necessary. She thinks we have to be very careful what we decide is best for the county, that the concern is quality of life. She spoke in favor of alerting new residents to the fact that they are buying in the middle of an active agricultural operation. She spoke in favor of protecting the businesses that are paying their way in the county now, and commented that we not run any more business out of the county. She pointed out that everyone who has spoken on this has a vested interest. The Commissioners need to look at this as a bigger issue. She still wants some sort of notification about active agricultural operations and prospective buyers have a right to know. If nothing else, she suggested that there be a referral to the Right to Farm Act. Chairman Eggert voted against the nuisance disclaimer previously and still felt the same. She claimed that people know that spraying occurs in agricultural areas whether it be citrus or other fruit trees. At the request of Commissioner Macht, Director Keating restated staff's recommendation from last week for a 25' type `B" buffer having a 6' opaque feature within the buffer, with no nuisance disclaimer. MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Tippin, to approve staffs recommendation above. Commissioner Ginn asked for a clarification and asked if the 25' buffer was beyond the 25' setback. Director Keating advised that the 25'setback would overlay the buffer. She did not feel that was enough space. She wanted to point out a few things, that we are talking about a development within the urban service area abutting a grove. She felt that homes abutting a grove with a buffer are more desirable because of the foliage. She felt that notification of active agriculture has hurt development in California. She agreed to the 25' type `B" buffer, but thought there was a need for an additional 25' setback, and notification of active agricultural operation. For these reasons, she could not agree with the motion. The Chairman called the Question and the motion carried 3-2 (Commissioner Ginn and Commissioner Adams against) Ordinance No. 97-18 adopted. 27 MAY 279 1997 600K- 101 PAGE 606 161 eAGE6 7 ORDINANCE NO. 97- 18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE AGRICULTURE/RESIDENTIAL BUFFER REQUIREMENTS OF CHAPTER 911, ZONING; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATIONS, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that the Indian River County land development regulations (LDRs) be amended as follows: 1. Agricultural/Residential Buffer Section 911.04(3)(c)5. is hereby amended to read as follows: 5. - -4 Subdivision and planned development projects located within the Urban Service Area proposing new residential lots adjacent to active agricultural operations -(e.g. citrus groves and field crops) shall include provisions for a special buffer. Said buffer shall be provided between the proposed residential use and the agricultural operation and shall consist of native vegetation planted in a 25' (or wider) Type "B" buffer with a 6' opaque feature, as described in Chapter 926. Where required, said buffer shall be treated as a required subdivision improvement for the project or project phase in which the buffer is to be located. The buffer and opaque feature shall be maintained until such time as the adjacent property being buffered is converted to a non-agricultural use. Coding: Words in 00dkci ©tzt type are deletions from existing law. Words underlined are additions. 1 28 MAY 279 1997 ORDINANCE NO. 97- 18 2. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Nothing in this ordinance and nothing in the land development regulations are intended to conflict with the catastrophic hurricane mutual aid agreement or the comprehensive emergency management plan approved by Indian River County. In the event of a conflict between this ordinance and the mutual aid agreement or the emergency management plan, the agreement and the plan shall prevail. 3. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. 4. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 27 day of May 1997. This ordinance was advertised in the Vero Beach Press -Journal on the 12 day of May , 1997 for a public hearing to be held on the 20 day of May , 1997. Said hearing was held and was continued to the 27 day of May , 1997 at which time it was moved for adoption by Commissioner Macht seconded by Commissioner Tippin , and adopted by the following vote; Coding: Words inxed`ou type are deletions from existing law. Words underlined are additions. 29 MAY 27,1997 BOOK 101 PAGE 608 30Of 101 FXE6 ORDINANCE NO. 97-18 Chairman Carolyn K. Eggert Aye Vice Chairman Fran B. Adams Nay Commissioner John W. Tippin Aye Commissioner Caroline D. Ginn Nay Commissioner Kenneth R. Macht Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Irl Carolyn t. Eggert, airman ATTEST BY: �of ,Barton,, Clerk �J� off. Acknowledgment by the Department of State of the State of Florida this day of , 1997. Effective Date: Filed with the Department of State on the day of , 1997. APPROVED AS TO LEGAL FORM C'�,,�,L Charles P. Vitunac County Attorney APPR D AS TO PLANNING MATTERS 'Robert M. Keat n , AICP Community Developmerr Dir or u\c\s\1dr\agresbuf.0rd Coding: Words inbik€ Qu: type are deletions from existing 1.law. Words underlined are additions. 3 MAY 27,1997 M 9.A.3. PUBLIC HEARING PETITION WATER SERVICE —129 STREET BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) - RESOLUTION III PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of `fi In the Court, was pub- lished in said newspaper in the issues of I 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 River County, Florida, each dally and 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 nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. Sworn to and subscribed before me k 'co day of I A uussW, Aly Com. Elgrires OCT. 11, 1997 tCC311063 OpO SHEILA bl. TUTTLE. NOTARY PUBLIC uLage at r tunak, My Commission Ezp. 10 11197 ComIldfifilibn Number. CC311 I A01Noutin s IhL'1M M NOTICE Subject: UTILITIES SPECIAL ASSESSMENT PUBLIC HEARING The Board of County Commission- ers of Indian River County, Florida, hereby provides notice of a public hearing set for 9:05 a.m. on Tues- day, May 27, 1997 of the County Commission Chambers in the County Administration Building, 1840 25th Street, Vero Beach, FL 32960, to discuss a proposed res- olution relating to a special assess- ment project for water in Indian River County, Florida, for the INSTALLATION OF A WATER MAIN 129th STREET (between Old Dixie Highway and Riverside Drive) and providing for special assessment liens to be made of record on the properties to be ,erred. Interested parties may appear at the meeting and be heard with respect to the proposed special assessment. Anyone who wants to inspect any proposed documents may do so at the Utility Services Department, 1840 25th Street, Vero Beach, FL. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure, that a verbatim record of the pro- ceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting may contact the County's Ameri- cans with Disabilities Act Coordi- nator at 567-8000, Ext. 223, at least 48 hours in advance of the meeting. May 9,16,1997 1083350r 807 Assessment Projects Manager Dan Chastain reviewed a Memorandum of May 16, 1997, as follows: 31 MAY 2791997 BOOK 1®� PaGEUJ_U BOOK 101.. PAGE 611 SATE: MAY 16, 1997 P0: JAMES E. CHANDLER COUNTY ADMINISTRAT R FROM: TERRANCE G. PIN DIRECTOR OF UT LITIY SERVICES *UTIITY ?REPARED JAMES D. CHASSND STAFFED MANAGER OF ASPROJECTS 3Y= DEPARTMENT OFSERVICES SUBJECT: PETITION WATER SERVICE - 129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) INDIAN RIVER COUNTY PROJECT NO. UW -96 -05 -DS RESOLUTION III - PUBLIC HEARING 3ACKGROUND )n May 6, 1997, the Indian River County Board of County commissioners approved Resolution I (97-46) and Resolution II (97- 17). Resolution I contained the preliminary assessment roll iescribing the project and cost. Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution I (97-46) was published in the Vero Beach PRESS JOURNAL on May 12, 1997. (See attached agenda item and minutes of the above meeting.) XNALYS IS )esign of the water distribution system is complete. An informational meeting was scheduled for the property owners on May 14, 1997. The thirteen (13) properties which will benefit from nater service are within a portion of the Indian River Acres subdivision. The total estimated project cost, including engineering and administration, is $64,079.00, less a non -assessed portion of $40,229.00. The total estimated cost to be assessed is X23,850.00. The estimated cost per square foot is $0.201741 (rounded). .1pproval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to oenefit from the assessment project. This project is to be funded through the assessment of property owners along 129th Street. All non -assessed construction will be funded either from impact fees as easter-planned lines or recovered from line extension fees. In the interim, financing will be from the assessment fund. 1ECOMMENDATION Phe staff of the Department of Utility Services recommends that the 3oard of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. 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. 32 MAY 27,1997 ON MOTION by Commissioner Tippin, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 97-59 confirming the special assessments in connection with a water main extension to 129t` Street (Between Old Dixie Highway and Riverside Drive), as recommended in the memorandum. Public Hearing (Third Reso.) 5►97(resoU29th)vk/Dc RESOLUTION NO. 97 - qq A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO 129th STREET (BETWEEN OLD DIXIE HIGHWAY AND RIVERSIDE DRIVE); PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 97-46, adopted May 6, 1997, determined to make special assessments against certain properties to be serviced by a water main extension to 129th Street (between Old Dixie Highway and Riverside Drive); and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 97-47 on May 6, 1997, and 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 Press Journal Newspaper on Friday, May 9, 1997, and once again on Friday, May 16, 1997 (twice one week apart; 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 27, 1997, at 9:05 a.m. conducted the public hearing with regard to the special assessments; 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 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. 33 MAY 279 1997 BOOK 101' PAGE 612 500K 101 PACE K2 RESOLUTION NO. 97-59 3. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 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 T i o a i n and the motion was seconded by Commissioner G i nn and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Commissioner Fran B. Adams Ay ye The Chairman thereupon declared the resolution duly passed and adopted this 27th day of May, 1997. Jeffrey K.1&4 -- � n rk IT Attachment: ASSESSMENT ROLL (to be recorded on Public Records) MAY 27,1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Caroly K. Eggert Chairman 34 I- SECTION 3*1 TOWNSHIFI 30S RANGE' 39[ I- SECTION 36 TOWNSHIP 30S RANGE 3817 11 LI. VOILLA / aE nhi MAY 27,1997 SCALE: I" — 200' 2 ., 5 J.A. HUDSON BUD I'lls 1-53 2 ti 3ooLd IJ M u r1 IU 2. IN R If" P. All, 11) E'r T (0) n E 2 1 2 1 ACRES sun b! I., INDIAN AC '�7 _I 7- 3:02 4( to 441 an of ROAD 13. 9 PRIVATE ROAD .4 W 6 C 1. — AT "2 15 13 1, 2,L, 312 1 1 so U AVA howlen 92 L -11 lit INDIAN RIVER COUNTY UTILITIES DEPT. 129TH STREET WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -96 -05 -DS 35 R I VER Li 6008 101-FKMAx PRELIMINARY ASSESSMENT ROLL INDIAN RIVER COUNTY PROJECT NO. UW- 96 - 05 - DS 129TH STREET WATER SERVICE ( BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) INDIAN RIVER COUNTY, FLORIDA TOTAL ESTIMATED PROJECT COST INCLUDING ENGINEERING , CONSTRUCTION AND ADMINISTRATION LESS NON ASSESSED PORTION TOTAL ESTIMATED COST TO BE ASSESSED NET SQUARE FOOTAGE OF PROPERTIES TO BE ASSESSED ESTIMATED ASSESSMENT COST PER SQUARE FOOT ROUNDED PH201291. WK4 APRIL 21 , 1997 J D C BOOK 101 PmE R5 $64,079.00 $40,229.00 $23,850.00 118,221 $0.20174080747 $0.201741 •wwrrrwwrrwwwrwrrwrwrwrwswsrrrwww:wwrswwwrr+wwwrwwwrrrwwwwwwewwrwrrrwrwrrrwsrrrrrwwwwrrrwwrwrrawrwwrwwwrrswrr.rrwwww PARCEL # 36 30 38 00003 0020 00008.0 SQ. FT. 16342 ASSESSMENT $3,296.85 OWNER BOUGHTON, HARRY J & ANNELIESE 625 N. CAMPBELL RD. ROYAL OAK, MICH. 48067 LEGAL INDIAN RIVER ACRES PBI 8/9 LOTS 8 & 9 BLK 2 (OR BK 449 PP 950 ) rwrrwrwr►rwrr�warrrrrr ►wr: PARCEL # 36 30 38 00003 0020 00010.0 SQ. FT. 7554 ASSESSMENT $1,523.95 OWNER DOBBINS, JAMES H & ANNE 7330 129TH ST SEBASTIAN, FL 32958 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 10 BLK 2 (OR BK 432 PP 456 ) w..rrw.. PARCEL # 36 30 38 00003 0020 00011.0 SQ. FT. 7554 ASSESSMENT $1,523.95 OWNER MILLER, MARY JO & PENNY J RICHARDSON 169 TURTLE MOUNTAIN ROAD KALISPELL, MT 59901 LEGAL w.. INDIAN RIVER ACRES PBI 8/9 LOQ T 11 �N BLK 2 (OR BK 426 PP 420 ) PARCEL # 36 30 38 00003 0020 00012.0 SQ. FT. 7554 ASSESSMENT $1,523.95 OWNER COLLETTI , THOMAS J & HELEN P O BOX 168 TOMS RIVER NJ 08754 LEGAL INDIAN RIVER ACRES PBI 819 LOT 12 BLK 2 in MAY 279 1997 TOTAL SQ FOOTAGE TOTAL ASSESSMENT PH2O1293.WK4 APRIL 3 , 1997 J. D. C. 37 MAY 279 1997 118221 $23,850.00 $23,850.00 BOOK 101 PACE 616 PARCEL # 36 30 38 00003 0020 00013.0 SQ. FT. 7554 ASSESSMENT $1,523.95 OWNER GREEN, MELBA E & LORETO , JUAN P 7360 129 TH ST SEBASTIAN FL 32958 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 13 ,NNNff BLK 2 (OR BK 436 PP 961 ) PARCEL # 36 30 38 00003 0020 00014.0 SQ. FT. 8919 ASSESSMENT $1,799.33 OWNER SOFIA, ANTHONY & BARBARA 1 WILDFLOWER LN PENFIELD NY 14526 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 14 w NNN.NNNNNNNNN. BLK 2 PARCEL # 36 30 38 00003 0030 00001.0 SQ. FT. 10638 ASSESSMENT $2,146.12 OWNER SOFIA, ANTHONY J & JOSEPHINE J 7355 129 TH ST SEBASTIAN FL 32958 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 1 BLK 3 ,wN•y,.Nf fi.N.wlff f fN,ffffNNfN,fffMf Nff,NwNffffNN.NNffNNNffN,Nf.NN/,NNN,N PARCEL # 36 30 38 00003 0030 00002.0 SQ. FT. 10489 ASSESSMENT $2,116.06 OWNER BECHARD , RAPHAEL & EMELDA 5415 NO FOWLERVILLE FOWLERVILLE MI 48836 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 2 BLK 3 ( OR BK 449 PP 950 ) e,,,wN,NNNwNN�www+,swwww*NNN,wwwwwwwfr,wwwwNNNw„NwN,NwNwwewwwweerwor,ww,e„,w,wswwwNNreN,wwNNN PARCEL # 36 30 38 00003 0030 00003.0 SQ. FT. 10316 ASSESSMENT $2,081.16 OWNER VANDEN BRINK, JOANNE LOUISE 7335 129 TH ST SEBASTIAN FL 32958 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 3 MNNNw.NfNlw.Nw,NNw, BLK 3 ( OR BK 492 PP 852 ) w PARCEL # 36 30 38 00003 0030 00004.0 SQ. FT. 10117 ASSESSMENT $2,041.01 OWNER COLLETTI , THOMAS J & HELEN P O BOX 168 TOMS RIVER NJ 08753 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 4 BLK 3 ( OR BK 414 PP 687 ) PARCEL # 36 30 38 00003 0030 00005.0 SQ. FT. 9891 ASSESSMENT $1,995.42 OWNER CUDDIE , ELDEN E & ELVA E 7315 129 TH ST SEBASTIAN FL 32958 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 5 BLK 3 PARCEL # 36 30 38 00003 0030 00006.0 SQ. FT. 11293 ASSESSMENT $2,278.26 OWNER PERRY, ELDON J & IRENE J 7305 129 TH ST ( P O BOX 133 ) SEBASTIAN FL 32958 LEGAL INDIAN RIVER ACRES PBI 8/9 LOT 6 BLK 3 TOTAL SQ FOOTAGE TOTAL ASSESSMENT PH2O1293.WK4 APRIL 3 , 1997 J. D. C. 37 MAY 279 1997 118221 $23,850.00 $23,850.00 BOOK 101 PACE 616 BOOK 101 PACE 61 7 PRELIMINARY ASSESSMENT ROLL INDIAN RIVER COUNTY PROJECT NO. UW -96 -05 -DS 129TH STREET WATER SERVICE ( BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) INDIAN RIVER COUNTY, FLORIDA TOTAL ESTIMATED PROJECT COST INCLUDING ENGINEERING , CONSTRUCTION AND ADMINISTRATION LESS NON ASSESSED PORTION TOTAL ESTIMATED COST TO BE ASSESSED NET SQUARE FOOTAGE OF PROPERTIES TO BE ASSESSED $64,079.00 $40,229.00 $23,850.00 118,221 ESTIMATED ASSESSMENT COST PER SQUARE FOOT $0.20174080747 ROUNDED $0.201741 PH201291. WK4 APRIL 21 , 1997 J D C 38 MAY 27,1997 INDIAN RIVER COUNTY PROJECT NO. UW - 96 - 05 - DS WATER SERVICE 129 TH STREET PRELIMINARY ASSESSMENT SUMMARY PARCEL NO OWNER SQ. FEET ASSESSMENT 36 30 38 00003 0020 00008.0 BOUGHTON 16,342 $3,296.85 36 30 38 00003 0020 00010.0 DOBBINS 7,554 $1,523.95 36 30 38 00003 0020 00011.0 MILLER 7,554 $1,523.95 36 30 38 00003 0020 00012.0 COLLETTI 7,554 $1,523.95 36 30 38 00003 0020 00013.0 GREEN 7,554 $1,523.95 36 30 38 00003 0020 00014.0 SOFIA 8,919 $1,799.33 36 30 38 00003 0030 00001.0 SOFIA 10,638 $2,146.12 36 30 38 00003 0030 00002.0 BECHARD 10,489 $2,116.06 36 30 38 00003 0030 00003.0 VANDEN BRINK 10,316 $2,081.16 36 30 38 00003 0030 00004.0 COLLETTI 10,117 $2,041.01 36 30 38 00003 0030 00005.0 CUDDIE 9,891 $1,995.42 36 30 38 00003 0030 00006.0 PERRY 11,293 $2,278.26 TOTAL 118,221 $23,850.00 TOTAL ESTIMATED CONSTRUCTION COST INCLUDING ENGINEERING AND ADMINISTRATION $64,079.00 LESS NON ASSESSED PORTION $40,229.00 TOTAL ESTIMATED COST TO BE ASSESSED $23,850.00 NET SQUARE FOOTAGE OF PROPERTIES TO BE ASSESSED 118,221 ESTIMATED ASSESSMENT COST PER SQUARE FOOT $0.201741 ( Rounded $ $0.20174080747 PH2O1292.WK4 APRIL 21, 1997 . JDC F�: MAY 279 1997 EOOK 10i PAGE618 BOOK 101 PAGE 619 9.A.4. PUBLIC HEARING - CODE OF ETHICS AND CONDUCT PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being aLIIJI�L� n\ in the matter of C5e G • 104 -CV -0 In the Court, was pub- lished in said newspaper in the issues oft-'� Affiant further says that the said Press-Joumal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. SwoT%f••;AMs 6WWs t*fore me this.�.�day ^f (y) 6LkA A.D. I2 1 t Orr • (President) %N �•NO CC311063 t 5C t SHErIA R1. TUTTLE, (VOTARY PUBLIC ••. 1� �t� gt�le-ol:Tleeido my-eemadnieer� ,S •,�q�.• ....... �Qw Cosumla io Number. CC311 OF fV, Sipe 1 Notasa: sEmnA x 'IZ rnz NOTICE The Board of County Commission. s of Indian River County, Florida hereby provides notice of a public hearing scheduled for 9:05 am. on Tuesday, May 27, 1997 to be held at the Indian River County Adminis- tration Building, 1840 25th Street, Vero Beach, Florida This public hearing will be for the purpose of discussing the following proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.06 - CODE OF ETHICS AND CON. DUCT OF INDIAN RIVER COUNTY. Any interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Copies of the proposerd ordinance are available for inspection by the public during regular business hours at the Office of the Clark to the Board of County Commission. ers, 1840 25th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the pro- ceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting may contact the County's Ameri- cans with Disabilities Ad (ADA) Coordinator at 567-8000, Ext. 223 i at least 48 hours in advance of the meeting. May 12, 1997 1070822r 807 Assistant County Attorney Terrence P. OBrien reviewed a Memorandum dated March 21,1997: 40 MAY 2791997 TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: March 21, 1997 SUBJECT: CODE OF ETHICS AND CONDUCT - PUBLIC HEARING 5/27/97 The Board of County Commission at its regular meeting of January 21, 1997 directed staff to amend the subject code. A public hearing for March 18, 1997 was recommended at which time the Board reset the public hearing for May 27, 1997. The proposed ordinance amends the code of ethics and conduct to the standardize requirements set out in Florida Statutes Chapter 112 in accordance with Board direction. Attorney O'Brien then briefly reviewed the history of the County's Ethics Ordinance. He advised of a recent overview of Florida Statutes Chapter 112 in the Board of County Commissioners' Chambers, conducted by 1VIr. Anderson, an attorney for the Commission on Ethics in Tallahassee. Chairman Eggert advised that one of the biggest problems with the County's current ordinance is the questions that come up concerning attendance at various local functions. She asked Attorney O'Brien how the ordinance could be changed to resolve that problem. Attorney O'Brien recalled that at one time the Board discussed amending the ordinance to allow attendance at customary functions that Commissioners and employees would attend, anything that would be open to a larger group. Commissioner Ginn thought there was a sentence in the ordinance that would cover it, and read from the following and suggested that it might be modified: (Top of page 3) In addition, food or beverage may be accepted when (1) offered free in the course of a meeting or other group function not connected with an inspection or investigation, at which attendance is desirable because it will assist the person in performing his or her official duties... . Chairman Eggert recalled it was not just the food, but the "going" that was challenged. 41 MAY 279 1997 BOOK 101 FACE 620 BOOK 101 FACE 621 Commissioner Macht had never seen that interpretation in the ordinance and stated that one could come and go to practically anything; if there was value, all the individual had to do was declare they were there and list their presence with the Board of County Commissioners' Executive Aide. Commissioner Ginn understood that it had to be divulged if the cost exceeded the per diem, and Attorney O'Brien concurred. She advised that Mr. Anderson used the term "common hospitality"; that is, if it is available to all present, then the Commissioners could certainly partake. She suggested that perhaps including those words in the ordinance would help. Commissioner Macht commented that what Mr. Anderson did not discuss was some of the interpretations of the State Statute, which he thought are still pretty much defective. With respect to the $100, he believed there was an instance of some Jacksonville councilmen who received tickets to a ballgame at a value of $90 -odd every week, and every week was considered a separate incident. He felt the Statute was full of similar interpretations. He saw nothing wrong with our current ordinance. Commissioner Ginn commented on the penalty differences between the County's ordinance and the Statute. She advised that Attorney O'Brien had sent a letter on May 21". to a Mr. Ostrow, formerly with the Commission on Ethics, now in Broward County and drafting an ordinance for Broward County. She also advised that County Attorney Charles P. Vitunac had requested that Mr. Anderson review our ordinance. She, therefore, suggested that the Commissioners wait until responses had been received from them. She felt that there was no harm in postponing the debate. Commissioner Macht reminded everyone that a public hearing was scheduled and the issue before them was whether to abandon the County's ordinance in favor of the State's Statute. He suggested they go forward with the hearing and advised of his intent to vote against the proposed change. He further suggested that they leave the County's ordinance as it is and then it could be amended piece -by -piece in the future. Commissioner Ginn agreed. 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. MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Ginn, to maintain the County's Ethics Ordinance as presently stated with the understanding that the Board will review it to make changes where people have been confused by it. 11 PA MAY 27,1997 M M M Under discussion, Commissioner Tippin commented that he was always in favor of morals and ethics, that it sounds so good, but from his experience, mostly cheaters cheat and honest people are honest. He said he'd been on the Commission almost 5 years and he keeps waiting, but nobody has given him anything yet. He was in favor of the motion as long as the Commissioners did not kid themselves that this will keep the cheaters from being cheaters. THE CHAIRMAN CALLED THE QUESTION and the motion was carried unanimously. 11.G.1. CR 510/US-1 INTERSECTION IMPROVEMENTS - ILII LEY HORN - AMENDMENT #2 TO WORK ORDER NO. 1 - PROFESSIONAL ENGINEERING SERVICES The Board reviewed a Memorandum dated May 15, 1997: TO: James Chandler County Administrator DATE: May 15, 1997 THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P� Capital Projects Mana SUBJECT: Amendment No. 2 to Work Order No.1 Professional Engineering Services CR 5101US 1 Intersection Improvements DESCRIPTION AND CONDITIONS Design of improvements at CR 510 and US 1 were completed in October 1996. The contract was left open until the installation of a Utility Department force main was completed, so that the force main could be added to the construction plans. The attached Amendment No. 2 provides for modifying the plans to include the recently completed force main. Amendment No. 2 also provides for limited construction observation that is necessary for the Engineer of Recons to make the required final certification to the Florida Department of Transportation. The compensation due the Engineer for Amendment No. 2 is $2,000. This added to the current contract amount of $48,300.00 results in a revised contract amount of $50,300. iGmley-Horn is also requesting a partial release of retainage in the amount of $4,830 for the completed design services. RECOMMENDATIONS AND FUNDING Staff recommends the following actions be taken: 1. Approve Amendment No. 2 in the amount of $2,000. 2. Approve partial release of retainage in the amount of $4,830. Funding is from Account #101-153-541-067.36. 43 MAY 279 1997 B 0 0 K 101 PAGE 6#� A b� 6' BOOK 10 PAGE 2i ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously approved Amendment No. 2 to Work Order No. 1, Professional Engineering Services contract with Kimley- Horn Associates, Inc., in the amount of $2,000; and approved partial release of retainage in the amount of $4,830, as recommended in the Memorandum. 11.G.2. AWARD BID #7044 - CR -512 CORRIDOR EMPROVEMENTS - PHASE B - FROM SEBASTIAN ELEMENTARY SCHOOL TO US -1= HEWITT CONTRACTING COMPANY INC. The Board reviewed a Memorandum dated May 20, 1997: TO: James E. Chandler County Administrator n THROUGH: James W. Davis, P.E., Public Works 1 H.T. "Sonny" Dean, General Services Fran Powell, Manager, Purchasing De FROM: Roger D. Cain, P.E., County Engin SUBJECT: Bid No. 7044 / CR512 Corridor Improvements Phase b from Sebastian Elementary School to U. S 1 - IRC Project No. 8612B DATE: May 20, 1997 BACKGROUND INFORMATION Bid Opening Date: April 23. 1997 Specifications Obtained by: Sixteen (16 ) Vendors Replies: Six (6) Vendors 44 MAY 2791997 BID TABULATION BID AMOUNT Hewitt Contracting Company, Inc. $1,416,545.89 P.O. box 490697 Leesburg, FL 34749.0697 Dickerson Florida, Inc. $1,490,275.21 P.O. Drawer 719 Stuart. FL 34995 Martin Paving Company $1,543,197.35 9400 N. US #1 Unit 9436 Sebastian, FL 32958 Sheltra & Son Construction Cornpany $1,579,084.11 P.O. Box E Indiantown, FL 34956 Ranger Construction, Inc. $1,584,373.50 P.O. Box 14589 R. Pierce, FL 34979 APAC-Florida, Inc., Macasphalt Division $1,937,129.06 P.O. Box 411129 Wieiooume, Fr. 32941 � � s Hewitt Contracing Company, Inc. is pre -qualified for this kind of work with the state and has completed a number of projects for the state and local governments. TOTAL AMOUNT OF BID: $1,416,545.89 SOURCE OF FUNDS: Traffic Impact Fees, District 3. BUDGETED AMOUNT: Account No. 101-153-541-067.71, $2,000,000. RECOMMENDATION: Staff recommends that the bid be awarded to Hewitt Contracting Company, Inc., Florida as the lowest, most responsive bidder meeting specifications for construction of CR512 Corridor Improvements, Phase B. The Contract Agreement is now being presented for approval and execution by the Chairman and attesting by the Clerk. We have had four (4) Contract Agreements executed in the original by the proposed contractor, Hewitt Contracting Company, Inc. Staff will work closely with Risk Management and the Attorney's Office in getting those offices' approval of the insurance certificates and bonds prior to issuing the Notice to Proceed. ALTERNATIVES & ANALYSIS Alternative No. 1. The Board award the contract to Hewitt Contracting Company, Inc. and direct the Chairman to execute the agreement on behalf of the Board of County Commissioners. Staff further recommends that the Board direct that all bonds, insurance certificates and other formalities as required by the terms of the contract and bid documents be submitted and approved by the appropriate staff departments responsible, including the Attorney's office prior to issuance of a Notice to Proceed by the Department of Public Works. Alternative No. 2 The Board reject the bids and not award the contract RECOMMENDATION Staff recommends Alternative No. 1. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously awarded the contract to Hewitt Contracting Company, Inc., Florida; authorized the Chairman to execute the agreement on behalf of the Board of County Commissioners; and directed that all bonds, insurance certificates and other formalities, as required by the terms of the contract and bid documents, be submitted and approved by the appropriate staff departments responsible, including the Attorney's office, prior to issuance of a Notice to Proceed by the Department of Public Works, as recommended in the Memorandum. 45 MAY 279 1997 MY 101 PAGE 624 BOOK 101 PACE 625 H.H. DURRANCE ROAD FORCE MAIN EXTENSION - CHANGE ORDER AND FINAL PAY REQUEST - DRIVEWAYS, INC. The Board reviewed a Memorandum dated May 13, 1997: DATE: MAY 13, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UT S VICES PREPARED MICHAEL C. HOTCHKISS, P.E. AND STAFFED ENVIRONMENTAL-ENGINEER- NVIRONMENTAL-ENGINEER BY: BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: DURRANCE ROAD FORCE MAIN EXTENSION CHANGE ORDER AND FINAL PAY REQUEST INDIAN RIVER COUNTY PROJECT N0. -US -92 -38 -CS WIP NO. 473-000-169-204.00 LABOR CONTRACT NO. 4007 BACKGROUND On March 4, 1997, the Board of County Commissioners._ -authorized Driveways, Inc. to construct the sewer main to the above -referenced project under the County labor contract -(see attached agenda item and minutes). The approved amount of the contract was $7,288.90. Construction of the project is now complete. The Department of Utility Services is now requesting the Board's approval of the attached change order and final pay request. ANALYSIS The attached change order reflects a $249.00 reduction for miscellaneous adjustments to labor and material quantities, resulting in a revised labor contract amount of $7,039.90. Utilities staff is now prepared to make final payment in the amount of $7,039.90 (see attached final pay request). RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Change Order No. 1, approve final payment in the amount of $7,039.90 to Driveways, Inc. and authorize the Chairman to execute same as presented. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Macht, the Board unanimously approved Change Order No. 1 and final payment in the amount of $7,039.90 to Driveways, Inc., and authorized the Chairman to execute same as presented, as recommended in the Memorandum. 46 MAY 279 1997 CHANGE ORDER AND FINAL PAYMENT REQUEST ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. SCHEDULE PUBLIC HEARING ON CLAIM OF WILLIAM O'BRIEN - ATTORNEY LYMAN REYNOLDS Lyman Reynolds, attorney for Indian River County, advised that the matter involved Mr. William O'Brien, which is set on a trial docket for July 1997. As a part of the requirements prior to going to trial, the courts required that all of the party litigants go through a process referred to as mediation. The mediation process has a unique effect upon any governmental entity, because any governmental entity which negotiates any settlement has very specific statutory requirements. So, in order to proceed in compliance with the court's order, Risk Manager Beth Jordan and he had attended mediation with the plaintiff and his counsel in order to see if there were any possibility for resolution of the case, short of a full trial and any subsequent potential claims which may be heard. The mediator advised that Ms. Jordan and he would not have any authority on their own to enter into negotiations, but would be able to determine whether there was a chance for the County to consider a settlement figure which would also be acceptable to the plaintiff and would be subject to a subsequent public hearing. Mr. Reynolds explained what the statutes provide and discussed the requirements of a public hearing to be held for discussion of settlement/negotiation strategy. He requested that the Commission authorize that the Claims Review Committee meet to discuss the response to the mediation process and where we are in terms of settlement negotiations, in order to consider a counter-offer to the plaintiffs demands at mediation, understanding that no offer can be made. The purpose would be to just give Mr. Reynolds guidance in advising plaintiff's counsel concerning a potential settlement, which will be subject to a public hearing and supported by his recommendations. If for any reason the Commission is uncomfortable with the process and would rather simply give him guidance for settlement negotiations in this open forum, he believed they could do that as well. Mr. Reynolds advised that there was no need for privacy, and County Attorney Vitunac recalled that they had discussed if there was any benefit in privacy and thought there was not. There was a brief discussion as to whether the meeting should be held in private, and Mr. Reynolds stated that he wanted the Commission to be fully aware of all of their options. 47 MAY 27, 1997 BOOK 101 P,i 626 BOOK 101 PAGE6VANO Chairman Eggert suggested the date of the public hearing be June 17a` so as not to be held on the same dates as the IDR hearings. Mr. Reynolds pointed out the other issue is that this is in conjunction with a required mediation process, and everything that takes place at mediation must stay within that mediation process. It is not allowed to go public. He stated for the record that he and the plaintiffs counsel have had separate settlement negotiations after the mediation process, so he is not allowed to discuss in public any of the negotiations that went on in mediation. Chairman Eggert asked if he could actually bring a figure to them Mr. Reynolds again asked for authorization from the Commissioners to continue the negotiation � process and come back to the Board with a "rock hard" figure that he can comfortably recommend to the Commissioners, based on the facts of the case and its severity; and understanding that he will then go to plaintiff's counsel with the figure, which would be subject to the approval of the Commission on June 17, 1997. County Administrator James E. Chandler wished to clarify that Mr. Reynolds was merely asking today for authorization to negotiate that number, as opposed to going through the entire facts of the case. Mr. Reynolds concurred with his statement. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Adams, the Board unanimously (4-0, Commissioner Tippin temporarily absent) authorized Mr. Reynolds to go forward with negotiations and scheduled the public hearing for June 17, 1997. 13.D. UTILITIES ADVISORY COMMTME APPOINTMENTS During the nominations, Commissioner Macht asked Commissioner Ginn if former Utilities employees (field position, not management) could be appointed. Commissioner Ginn voiced her strong objection. The following nominations were made: CF] MAY 27, 1997 Commissioner Adams Commissioner Macht Commissioner Ginn Commissioner Tippin Chairman Eggert John Malek Robert S. White Craig McGarvey Adam Kubik A. Ford A brief discussion considering various individuals was held concerning the at -large appointment. Mr. Carlton Miller, an engineer, was nominated for the at -large appointment. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously accepted the nominees stated above. Commissioner Ginn advised that she would schedule an organizational meeting as soon as possible. Chairman Eggert wished that Commissioner Ginn would check with Administrator Chandler about organizational meetings to see what staff we have, and Commissioner Ginn thought that had already been worked out. Administrator Chandler would need to know, in terms of first meetings, what staff presentations would be necessary. Commissioner Ginn agreed and also requested that County Attorney Vitunac come to the first meeting to explain the Sunshine Law. She also pointed out that the new members are under the Sunshine Law right now. (CLERK'S NOTE: Resumes have been placed on file in the office of the Clerk to the Board.) 49 MAY 279 1997 B00K 101 Pmu"E 628 MI. .01 ELLE 629 13.E.1. HERB KALE TRAIL DEDICATION CEREMONIES Commissioner Macht gave some history of the Oslo property and advised that the limited public access, known as Herb Kale Trail, was being opened at 10 am — 3 pm on May 31, 1997, for dedication and celebration. There will be guided tours and the public is invited and encouraged to attend. He will be participating and invited everyone to be there. He stated that he had walked the Trail recently and found it to be an amazing place, almost like being in a cathedral, with stands of pines, gigantic oak trees, some endangered flora species. There was one pine tree that was at least 11 feet in circumference. 13.E.2. CHILDREN'S SERVICES NETWORK REPORT Commissioner Macht advised that the Children's Services Advisory Committee met recently at which time they set the initial priorities for establishment of the Children's Services Network The priorities discussed were staffing and building the committee of private citizens to join the ex-officios and other matters. The chief priority is a needs assessment. In the process, they found that they will be funded with non -County money, which will be coming from some existing grants. The United Way is interested in chipping in also. In the process of that discussion, it seemed desirable, based on the input, and in order to fully utilize the money, that we need a comprehensive needs assessment. The opinion was, in fact, that a children's needs assessment could not be done separately because it is interwoven with other difficulties. He thought it was a good idea and would have corollary benefit to other providers and to the County's Welfare Department. Absent any objections from the Commission, they will do that, at no direct cost to the County. He thought we would wind up with a product that will prove very useful. He thought it would be especially useful when the federal grants are no longer available. Commissioner Macht advised that the feeling was that it was necessary to keep the Children's Services Advisory Committee in place until the Children's Services Network is up and running. Commissioner Adams asked whether the needs assessment will be done in-house or by the committee, and Commissioner Macht thought it was going to be a hybrid. There is an organization already in place that will furnish a lot of the information, but it will be somewhat locally driven. He thought it was going to be mainly an outside source. 50 MAY 279 1997 M M M Commissioner Adams encouraged that the needs assessment be made as objective as possible, which is very difficult to do when the people involved have a vested interest. Commissioner Macht understood and advised that the committee has been very sensitive to that and thought that there would be no problems of that nature. DOCUMENTS TO BE MADE PART OF THE RECORD - PROCLAMATION HONORING REVEREND FATHER JOHN B. O'HARE ON HIS RETIREMENT PROCLAMATION HONORING THE REVEREND FATHER JOHN B. O'HARE WHO IS RETIRING AFTER So YEARS IN THE MINISTRY WHEREAS, the Reverend Father John B. O'Hare carne to Florida from Ireland in 1953, at the age of 23, to serve at: • St. Paul's Parish in St. Petersburg • St. Tense's Parish in Titusville • St. Helen's Parish in Vero Beach, and as • Comptroller for the Diocese of Orlando; and WHEREAS, the Reverend Father John B. O'Hare became the founding pastor of Holy Cross Catholic Church in 1981 and oversaw the construction of a magnificent 900 seat Church as well as a Parish Center and Rectory; and WHEREAS, he has faithfully served his parishioners as their pastor for 16 years and he has been an Indian River County spiritual leader during this period; and WHEREAS, he has served in voluntary charitable work, including church support of two Habitat for Humanity homes, contributing to the Samaritan Center, Coalition for the Homeless and Our Father's Table Soup Kitchen, and serving on the Advisory Board of the Vero Beach Crisis Pregnancy Center and participating as an Elijah in the annual Crisis Pregnancy Center Walk for Life, and providing the use of the Parish Center for their annual fund raising banquet: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Reverend Father John B. O'Hare has given unselfishly of his time and talents, bringing spiritual help and counseling to many of the citizens in this state, and specifically in Indian River County. The Board expresses deep appreciation to Father O'Hare, and wishes him a long and happy retirement. Dated this 27 day of May, 1997. MAY 27,1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn K ;ggert, Chaff 51 �,b,r 101 P,, cr 6P30 EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Emergency Services District Meeting, the Board would reconvene sitting as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded, and carried, the Board adjourned at 11:05 a.m. ATTEST: <�� bA-,3 Je . Barton, Clerk Minutes Approved: 7 - a ' � -) pr 52 MAY 279 1997