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HomeMy WebLinkAbout12/16/1997MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIM'R COUNTY, FLORIDA 9 G E N D IF - TUESDAY, DECEMBER 16,1997 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 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 BACKUP 9:00 a.m. 1. CALL TO ORDER PAGES 2. INVOCATION Ray Scent, Chaplain, I.R.Mem. Hosp. 3. PLEDGE OF ALLEGIANCE - Chas. P. Vitunac 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Delete Item 11-H-1, Lake Delores (Park Place) Mobile Home Park - Nelson Hyatt. 2. Add Item 13.E, comments regarding List of Warrants 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES A. Special Meeting of December 1, 1997 B. Regular Meeting of December 2, 1997 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) St. Johns River Water Management District 1998 Meeting Schedule for the Governing Board and 2) I. R C. Hosp. Dist., Notice of Change of Board of Trustees' Meeting from December 18, 1997 to December 15, 1997 at 6:15 p.m. in the County Commission Chambers, 1840 25th St., V.B. B. Approval of Warrants (memorandum dated December 4, 1997) 1-11 C. Hammock Lakes S/D Modification to a Planned Development Preliminary Plat/Plan Condition of Approval (memorandum dated December 10, 1997) 12-15 "'n BACKUP 7. CONSENT AGENDA (cont'dZ 609K��. , ��� � � PAGES D. Award Bid #8021 / 129th St. Water Main Extension (memorandum dated December 8, 1997) 16-19 E. Approval for Out -of -County Travel for any Commis- sioner to Attend 1998 NACO Legislative Conference Feb. 27 thru March 3, 1998 19A 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Claims Settlement: Zuckerman vs. Indian River County (memorandum dated November 26, 1997) 20-29 2. Amendments to Community Development Block Grant (CDBG) Application (memorandum dated December 8, 1997) 30-31 3. Final Hearing on Proposed LDR Amendments (memorandum dated December 10, 1997) 32-62 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Request for Board Approval to Purchase the Judah Property LAAC Site (memorandum dated November 14, 1997) 63-67 B. Emergency Services None C. General Services _ Award Bid #8022/U.S. #1 Water Main Extension (memorandum dated November 24, 1997) 68-71 D. Leisure Services None E. Office of Management and Budget None F. Personnel None _ IWUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES G. Public Works 58th Ave. Right -of -Way Acquisition at SE Comer of SR60/58th Ave. Intersection (memorandum dated December 9, 1997) 72-81 H. Utilities 1. Lake Delores (Park Place) Mobile Home Park - Nelson Hyatt (memorandum dated December 10, 1997) 82-94 2. Sebastian Water Expansion - Phase I Final Pay Request to Engineering Consultant (memorandum dated December 4, 1997) 95-101 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 E. Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District 1. Approval of Minutes - meeting of Sept. 16, 1997 2. Authorization to Purchase Hazardous Material Trailer and Equipment with Combination of .Funds Provided by Anonymous Donor and the Vero Beach Volunteer Fire Department (memorandum dated December 5, 1997) 102-104 3. Approval for Ten -8 Fire Equipment Company to Perform Emergency Major Repairs/Refurbishment to the Fire Division Pierce Aerial Platform Ladder Truck Now Out of Service; & Funding Authorization (memorandum dated December 4, 1997) 15-111 14. SPECIAL DISTRICTSBOARDS (cont'd )• B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT - BACKUP PAGES 60,1( 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 or meeting. Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS DECEMBER 16, 1997 1. CALL TO ORDER .............................................. -1- 2. INVOCATION ................................................. -1- 3. PLEDGE OF ALLEGIANCE ...................................... -1- 4. ADDITIONS TO THE AGENDA .................................. -1- 6. APPROVAL OF MINUTES ....................................... .2- 7. CONSENT AGENDA ........................................... -2- 7.A. Reports ................................................. .2- 7.B. List of Warrants ........................................... .3- 7.C. Hammock Lakes Subdivision - Modification to Planned Development Preliminary Plat - Plan Condition of Approval .................... .9- 7.D. Bid #8021- 129' Street Water Main Extension - Treasure Coast Contracting ............................................. .11- 7.E. Out -of -County Travel - 1998 NACo Legislative Conference - February 27 through March 3, 1998 .................................... .12- 9.A. PUBLIC HEARINGS ........................................... .13- 9.A. 1. 3-9.A.1. ZUCKERMAN VS. INDIAN RIVER COUNTY - CLAIMS SETTLEMENT .......................................... .13- 9.A.2. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AMENDMENTS ............................ .15- 9.A.3. PROPOSED LAND DEVELOPMENT REGULATIONS (LDR) AMENDMENTS - FINAL HEARING ........................ .18 - DECEMBER 16, 1997 I LA. JUDAH PROPERTY LAAC SITE - PURCHASE ..................... .40- 11.C. BID #8022- U.S.#1 WATER MAIN ................................ .42- 1 l.G. 58TH AVENUE RIGHT-OF-WAY ACQUISITION - SE CORNER OF SR -60 AND 58TH AVENUE INTERSECTION - SOUTHERN DEVELOPMENT SERVICES (JIM ZENGAGE)........................................ .43- 11.11.1. LAKE DELORES (PARK PLACE) MOBILE HOME PARK - NELSON HYATT..................................................... .44- 11.H.2. SEBASTIAN WATER EXPANSION - PHASE I FINAL PAY REQUEST - MASTELLER AND MOLER, INC . .......................... -45- D.E. COMMENTS REGARDING LIST OF WARRANTS .................. .46- 14.A. EMERGENCY SERVICES DISTRICT ............................. .46- 14.B. SOLID WASTE DISPOSAL DISTRICT ............................ .46- 14.C. ENVIRONMENTAL CONTROL BOARD .......................... .46 - DECEMBER 16, 1997 -2- December 16, 1997 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, December 16, 1997, at 9:00 a.m. Present were Carolyn K. Eggert, Chairman; John W. Tippin, Vice Chairman; Kenneth R. Macht; and Caroline D. Ginn. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PT' Jones, Deputy Clerk. Commissioner Fran B. Adams was out of town. 1. CALL TO ORDER Chairman Eggert called the meeting to order. 2. INVOCATION Ray Scent, Chaplain of Indian River Memorial Hospital gave the Invocation. 3. PLEDGE OF ALLEGIANCE County Attorney Vitunac led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA County Administrator Chandler requested the deletion of Item 11-H-1, Lake Delores (Park Place) Mobile Home Park - Nelson Hyatt. Commissioner Macht requested the addition of Item 13-E, comments regarding List of Warrants. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously deleted Item 11-H-1 from the Agenda. DECEMBER 16, 1997 UA Fp6E ' ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously added Item 13-E to the Agenda. 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of December 1, 1997 or to the Minutes of the Regular Meeting of December 2, 1997. There were none. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved the Minutes of the Special Meeting of December 1, 1997, as written. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved the Minutes of the Regular Meeting of December 2, 1997, as written. 7. CONSENT AGENDA Commissioner Ginn requested that Item 7-D be pulled for discussion. 7.A. REPORTS Received and placed on file in the Office of the Clerk to the Board: 1. St. Johns River Water Management District 1998 Meeting Schedule for the Governing Board. 2. Indian River County Hospital District, Notice of Change of Board of Trustees' Meeting from December 18, 1997 to December 15, 1997 at 6:15 p.m. in the County Commissioner Chambers, 1840 25' Street, Vero Beach. DECEMBER 16, 1997 ZR LIST OF WARRANTS The Board reviewed a Memorandum of December 4, 1997: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: DECEMBER 4. 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 November 26 to December 4, 1997. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from November 26, 1997 through December 4, 1997, as recommended by staff. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0018987 JOHNSON, MIRE 11/26/97 245.00 0018988 MOBLEY, JUNE 11/26/97 623.66 0018989 COOGAN, MAUREEN 11/26/97 896.02 0018990 HANCOCK, DON E 11/26/97 300.00 0018991 LEDUC, SUSAN M 11/26/97 300.00 0018992 YOUNG, ANDRE M 11/26/97 300.00 0018993 MOEN, LISA M 12/01/97 300.00 0018994 TEAMSTERS LOCAL UNION NO 769 12/03/97 3,643.19 0018995 FT PIERCE, CITY OF 12/03/97 575.22 0233394 A A FIRE EQUIPMENT, INC 12/04/97 12.00 0233395 A B C- C L I O, INC 12/04/97 139.10 0233396 ACE PLUMBING, INC 12/04/97 166.20 0233397 ACTION TRANSMISSION AND 12/04/97 600.00 0233398 AERO PRODUCTS CORPORATION 12/04/97 2,483.40 0233399 A G L L 12/04/97 2,234.86 0233400 AIRBORNE EXPRESS 12/04/97 47.85 0233401 ALBERTSONS SOUTHCO $4357 12/04/97 232.15 0233402 ALPHA ACE HARDWARE 12/04/97 56.33 0233403 AMERICAN LIBRARY ASSOCIATION 12/04/97 145.00 0233404 ARMFIELD-WAGNER APPRAISAL 12/04/97 600.00 0233405 ATLANTIC REPORTING 12/04/97 2,534.25 0233406 AT&T 12/04/97 45.21 0233407 ALL FLORIDA BEVERAGE & OFFICE 12/04/97 59.95 0233408 ARROWHEAD VERO BEACH HIGH 12/04/97 95.00 0233409 ABARE, EDWARD J III 12/04/97 8.70 0233410 AMERICAN AIR FILTER 12/04/97 2,573.64 0233411 ALLIED COLLOIDS, INC 12/04/97 3,889.62 0233412 A T & T 12/04/97 25.79 0233413 ALBERTSON'S 12/04/97 446.28 0233414 ADAMS MEDIA CORP 12/04/97 265.75 0233415 AUTO PARTS OF VERO, INC 12/04/97 175.20 DECEMBER 16, 1997 L DECEMBER 16, 1997 -4- 103 d5 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0233416 ARCHTECTS & DESIGNERS 12/04/97 230.49 0233417 AMERICAN REPORTING 12/04/97 45.00 0233418 ADAMS, DARRELL 12/04/97 108.00 0233419 BAIRD, JOSEPH A 12/04/97 403.62 0233420 BAKER DISTRIBUTING CO 12/04/97 206.52 0233421 BARRYS ORNAMENTAL IRON 12/04/97 330.00 0233422 BOARD OF COUNTY COMMISSIONERS 12/04/97 5,996.22 0233423 BENSONS LOCK SERVICE 12/04/97 7.00 0233424 BETTER BUSINESS FORMS, INC 12/04/97 841.24 0233425 BILL'S TV SERVICE CENTER, INC 12/04/97 566.43 0233426 BLACKHAWK QUARRY COMPANY 12/04/97 3,471.23 0233427 BELLSOUTH MOBILITY 12/04/97 36.89 0233428 BARTON, JEFFREY K -CLERK 12/04/97 6,953.43 0233429 BARTON, JEFFREY K -CLERK 12/04/97 53.00 0233430 BRIDGESTONE SPORTS, INC 12/04/97 595.94 0233431 BAKER & TAYLOR INC 12/04/97 4,482.00 0233432 BRODART CO 12/04/97 178.63 0233433 BRUGNOLI, ROBERT J PHD 12/04/97 500.00 0233434 BLAIS ELECTRIC, INC 12/04/97 60.00 0233435 BIGGINS, SEAN ESQ 12/04/97 540.00 0233436 BAKER & TAYLOR ENTERTAINMENT 12/04/97 160.70 0233437 BELLSOUTH 12/04/97 7,380.43 0233438 BEACHAM PUBLICATING CORP 12/04/97 282.75 0233439 BLUE CROSS/BLUE SHIELD OF 12/04/97 8,118.00 0233440 BELLSOUTH PUBLIC COMMUNICATION 12/04/97 349.56 0233441 BASE CAMP OUTLET 12/04/97 1,808.20 0233442 BOISE CASCADE OFFICE PRODUCTS 12/04/97 177.60 0233443 BAKER & TAYLOR INC 12/04/97 2,113.15 0233444 BRUCE, KELLY 12/04/97 18.03 0233445 BROWN, VIRGINIA 12/04/97 100.50 0233446 BAKER, SANDRA 12/04/97 267.50 0233447 BURNETTE & ASSOCIATES 12/04/97 84.00 0233448 BIND -IT 12/04/97 81.67 0233449 BELLSOUTH 12/04/97 36.90 0233450 BUSINESS & LEGAL REPORTS INC 12/04/97 162.70 0233451 CAMP, DRESSER & MCKEE, INC 12/04/97 17,000.00 0233452 CARTER ASSOCIATES, INC 12/04/97 1,170.00 0233453 CATAPHOTE INC 12/04/97 1,552.00 0233454 CHANDLER EQUIPMENT CO, INC 12/04/97 167.05 0233455 CITRUS MOTEL 12/04/97 218.00 0233456 CLEMENT COMMUNICATIONS, INC 12/04/97 442.00 0233457 CLEMENTS PEST CONTROL 12/04/97 19.00 0233458 COMMUNICATIONS INT'L INC 12/04/97 1,234.80 0233459 CORBIN, SHIRLEY E 12/04/97 483.00 0233460 CHEMSEARCH 12/04/97 862.82 0233461 CLUB CAR, INC 12/04/97 7,242.30 0233462 COMMERCE, NOAA, NCDC 12/04/97 45.00 0233463 COASTAL REFINING & MARKETING 12/04/97 6,709.83 0233464 COPELAND, LINDA 12/04/97 136.50 0233465 CONSTRUCTION LICENSING 12/04/97 40.00 0233466 CUSTOM CARRIAGES, INC 12/04/97 1,117.33 0233467 CHILBERG CONSTRUCTION CO INC 12/04/97 25,449.48 0233468 COOGAN, MAUREEN 12/04/97 387.28 0233469 CALLAWAY GOLF COMPANY 12/04/97 96.25 0233470 CINDY'S PET CENTER, INC 12/04/97 35.13 0233471 COMMERCIAL SERVICE COMPANY 12/04/97 159.98 0233472 CUES, INC 12/04/97 1,032.15 0233473 CARTER, BECKY 12/04/97 118.45 0233474 C-4 IMAGING SYSTEMS INC 12/04/97 124.83 0233475 CLIFFORD, MIKE 12/04/97 100.00 0233476 CORPORATION OF THE PRESIDENT 12/04/97 110.50 0233477 CAMPBELL, STEPHANIE 12/04/97 56.65 0233478 CRAWFORD, SANDY 12/04/97 37.00 0233479 CENTER FOR EMOTIONAL AND 12/04/97 285.00 0233480 COLUMBIA HOUSE 12/04/97 23.54 0233481 CARTER, KELLY 12/04/97 123.60 0233482 COLLEGE BOARD PIIBLICATIONS 12/04/97 27.45 0233483 CUMMINS, CHERYL 12/04/97 48.00 0233484 CONSOLIDATED RESOURCE RECOVERY 12/04/97 7,994.36 0233485 CHAKRABORTY, RANAJIT DR 12/04/97 1,250.00 0233486 CENTRAL A/C & REFRIG SUPPLY, 12/04/97 255.43 0233487 DAILY COURIER SERVICE 12/04/97 336.00 0233488 DAVES SPORTING GOODS 12/04/97 1,522.87 0233489 DEAN, H T "SONNY" 12/04/97 31.32 0233490 DEMCO INC 12/04/97 212.55 0233491 FLORIDA DEPT OF MANAGEMENT 12/04/97 3,325.30 0233492 DICKERSON FLORIDA, INC 12/04/97 874.67 0233493 DICTAPHONE CORPORATION 12/04/97 354.00 0233494 DICTAPHONE CORPORATION 12/04/97 1,845.90 0233495 DIRECTOR, KENNETH L MD PA 12/04/97 300.00 0233496 FLORIDA DEPARTMENT OF BUSINESS 12/04/97 129.75 0233497 DOBY - SEACOAST S_5PPLY 12/04/97 125.44 0233498 DIXON, PEGGY C 12/04/97 108.50 0233499 DATA SUPPLIES, INC 12/04/97 2,384.75 DECEMBER 16, 1997 -4- CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0233500 DAVIDSON TITLES, INC _12/04/97 2,749.73 0233501 DADE PAPER COMPANY 12/04/97 827.11 0233502 DOWNTOWN PRODUCE INC 12/04/97 383.50 0233503 DILLARD, CASSIE 12/04/97 38.63 0233504 DOBECK, STEPHANIE 12/04/97 87.55 0233505 DTN CORPORATION 12/04/97 2,766.00 0233506 ENVIROMETRICS, INC 12/04/97 4,784.00 0233507 EVANS, FLOYD 12/04/97 25.00 0233508 EBSCO SUBSCRIPTION SERVICES 12/04/97 192.08 0233509 E G P, INC 12/04/97 257.00 0233510 EXPRESS REEL GRINDING, INC 12/04/97 7,980.00 0233511 ELPEX, INC 12/04/97 1,455.52 0233512 E D DESIGNER HATS 12/04/97 184.00 0233513 ENGLEHARDT, CHRISSY 12/04/97 38.63 0233514 FLORIDA COCA-COLA BOTTLING CO 12/04/97 584.80 0233515 FLORIDA COURT REPORTERS 12/04/97 25.00 0233516 FLORIDA LEGISLATURE, THE 12/04/97 340.00 0233517 F P & L 12/04/97 21,958.79 0233518 FLORIDA PUBLIC EMPLOYER LABOR 12/04/97 160.00 0233519 FRASER ENGINEERING & TESTING 12/04/97 210.00 0233520 FLOWERS BAKING COMPANY OF 12/04/97 164.86 0233521 FLORIDA LITERACY COLIATION,INC 12/04/97 80.00 0233522 FELLSMERE, CITY OF 12/04/97 52.47 0233523 FALZONE, MATTHEW 12/04/97 38.63 0233524 FLORIDAFFINITY, INC 12/04/97 7,735.00 0233525 FOREST PRESS LAKE 12/04/97 110.00 0233526 FELLSMERE POLICE DEPARTMENT 12/04/97 25.00 0233527 FLORIDA EMERGENCY PREPAREDNESS 12/04/97 150.00 0233528 FLOOD, STEPHEN ADAM 12/04/97 30.00 0233529 FRAKER, EVAN 12/04/97 36.05 0233530 FACTS ON FILE 12/04/97 80.13 0233531 FLORIDA CONFERENCE OF CIRCUIT 12/04/97 200.00 0233532 GATOR LUMBER COMPANY 12/04/97 59.58 0233533 GENE'S AUTO GLASS 12/04/97 150.00 0233534 GLIDDEN COMPANY, THE 12/04/97 75.68 0233535 GOODKNIGHT LAWN EQUIPMENT, INC 12/04/97 36.58 0233536 GRAYBAR ELECTRIC CO INC 12/04/97 219.60 0233537 GROLIER PUBLISHING COMPANY 12/04/97 162.18 0233538 GENE EDWARDS, INC 12/04/97 217.61 0233539 GALLS, INC 12/04/97 285.69 0233540 GOODYEAR AUTO SERVICE CENTER 12/04/97 1,110.46 0233541 GALE RESEARCH, INC 12/04/97 2,462.39 0233542 GREYHOUND LINES, INC 12/04/97 192.00 0233543 GOODYEAR COMMERCIAL TIRE & 12/04/97 1,192.32 0233544 GALLAGHER BASSETT SERVICES INC 12/04/97 1,150.00 0233545 GROVE'S DICTIONARIES, INC 12/04/97 2,600.00 0233546 GANGER, CHARISE 12/04/97 36.05 0233547 GRILL REFILL, INC 12/04/97 53.00 0233548 GLASS, LAURIE 12/04/97 10.30 0233549 HILL DONNELLY CORPORATION 12/04/97 94.65 0233550 HANLEY, MICHAEL J ESQ 12/04/97 450.00 0233551 HAMMOND & SMITH, PA 12/04/97 20.00 0233552 HORNUNG'S PRO GOLF SALES, INC 12/04/97 154.23 0233553 HARRIS SANITATION, INC 12/04/97 46,863.54 0233554 HARTSFIELD, DEBBIE 12/04/97 41.20 0233555 HOWARD JOHNSON EXPRESS INN 12/04/97 228.00 0233556 HARTSFIELD, HENRY 12/04/97 204.00 0233557 INDIAN RIVER COUNTY 12/04/97 25.00 0233558 INSTRUMENTATION SERVICES, INC 12/04/97 890.00 0233559 INDIAN RIVER COUNTY UTILITY 12/04/97 594.70 0233560 INDIAN RIVER FARMS WATER 12/04/97 3,215.75 0233561 INGRAM 12/04/97 181.33 0233562 INTERTEC PUBLISHING 12/04/97 86.35 0233563 I B M CORP-DVU 12/04/97 333.50 0233564 IRVINE MECHANICAL, INC 12/04/97 583.17 0233565 IBM CORP-DVV 12/04/97 46.00 0233566 INDIAN RIVER ALL -FAB, INC 12/04/97 143.11 0233567 INSTITUTE OF TRANSPORTATION 12/04/97 198.00 0233568 INSIGHT DIRECT, INC 12/04/97 210.00 0233569 INTERNATIONAL GOLF MANAGEMENT 12/04/97 70,041.67 0233570 IRC EMPLOYEE HEALTH INSURANCE- 12/04/97 102,058.07 0233571 IRON OFFICE SOLUTIONS 12/04/97 252.71 0233572 JONES CHEMICALS, INC 12/04/97 540.00 0233573 K MART 12/04/97 102.89 0233574 KARSTEN MANUFACTURING CORP 12/04/97 353.33 0233575 KIMLEY-HORN & ASSOCIATES, INC 12/04/97 269.57 0233576 KAUFFMANN, ALAN 12/04/97 108.00 0233577 KRUGER CONSTRUCTION CORP 12/04/97 30.00 0233578 KT MOWER & EQUIPMENT 12/04/97 272,99 0233579 KREBS, JILL A 12/04/97 24.13 0233580 LAB SAFETY SUPPLY, INC 12/04/97 416.99 0233581 LIGHT SOURCE BUSINESS SYSTEMS 12/04/97 202.36 0233582 LFI VERO BEACH, INC 12/04/97 1,116.59 DECEMBER 16, 1997 -5- 000 Uij � , � CHECK NAME NUMBER CHECK DATE 0233583 LAPSCO INC 12/04/97 0233584 LLOYD, JOHN RALPH 12/04/97 0233585 LITMAN PH,D., GARY W 12/04/97 023358E LOWE'S HOME CENTERS, INC 12/04/97 0233587 MAXWELL PLUMBING, INC 12/04/97 0233588 MCDONOUGH, WAYNE R ESQ 12/04/97 0233589 MICROFORMS MANAGEMENT CORP 0233590 MIKES GARAGE 0233591 MILLER GOLF COMPANY 0233592 MILNER BUSINESS PRODUCTS, INC 0233593 MUNICIPAL SUPPLY & 0233594 MARQUIS WHO'S WHO 0233595 MARTIN PAVING COMPANY 0233596 MASTELLER & MOLER, INC 0233597 MEDICAL RECORD SERVICES, INC 0233598 M D MOODY & SONS, INC 0233599 MEREDITH CORP, BOOK GROUP 0233600 M G B CONSTRUCTION 0233601 MARTIN COUNTY PETROLEUM 0233602 MIDWEST TAPE EXCHANGE 0233603 M C B COLLECTION SERVICES 0233604 MR BOB PORTABLE TOILET 0233605 MOBLEY, JUNE 0233606 MUNROE REGIONAL MEDICAL CENTER 0233607 NORTH SOUTH SUPPLY 0233608 NEFF MACHINERY, INC 0233609 NACVSO 0233610 NACPRO 0233611 N C UTILITY SERVICES 0233612 OFFICE PRODUCTS & SERVICE 0233613 OSBORN, MERLE RN 0233614 ON IT'S WAY 0233615 OFFICE DEPOT, INC 0233616 OSCEOLA PHARMACY 0233617 OCEAN OAKS DENTAL GROUP 0233618 O'NEIL, LEE & WEST 0233619 OUTER BANKS 0233620 PAN AMERICAN ENG CO 0233621 PARKS RENTAL INC 0233622 PETTY CASH 0233623 PITNEY BOWES, INC 0233624 POSTMASTER 0233625 POSTMASTER 0233626 PRIDE OF FLORIDA 0233627 PORT PETROLEUM, INC 0233628 PRESS JOURNAL 0233629 PARLIAMENTARY REPORTING OF 0233630 PELICAN POINTE 0233631 POST, LAURA M 0233632 PEEK TRAFFIC - TRANSYT 0233633 PRIZE POSSESSIONS 0233634 PERKINS MEDICAL SUPPLY 0233635 PANGBURN, TERRI 0233636 PRESS JOURNAL - SUBSCRIPTION 0233637 PAGENET 0233638 PRESS JOURNAL/STUART NEWS 0233639 PRAXAIR DISTRIBUTION SOUTHEAST 0233640 POMEROY COMPUTER RESOURCES 0233641 QUALITY BOOKS, INC 0233642 RADIO SHACK ACCT RECEIVABLE 0233643 RICHARDSON, CALVIN C 0233644 RIFKIN, SHELDON H PHD 0233645 ROBERTS & REYNOLDS PA 0233646 RODEN, GERALD T 0233647 REED ELSEVIER NEW PROVIDENCE 0233648 RANGER CONSTRUCTION IND, INC 0233649 RETHMAN, MARY LOU 0233650 RUBBER STAMP EXPRESS & MORE 0233651 RADKE, PETER 0233652 ROY CLARK 0233653 RENTAL 1 0233654 ROWLEY, ROXANNE 0233655 RADISSON PARKWAY RESORT 0233656 SEARS, ROEBUCK & COMPANY 0233657 SEBASTIAN BUSINESS SUPPLY, INC 0233658 SEWELL HARDWARE CO, INC 0233659 SHELL OIL COMPANY 0233660 SMART CORPORATION 0233661 SOUTHERN CULVERT, DIV OF 0233662 SOUTHERN EAGLE DISTRIBUTING, 0233663 SOUTHERN ELECTRIC SIPPPLY 0233664 SOUTHERN TRUCK EQUIPMENT 0233665 STATE OF FLORIDA 0233666 STURGIS LUMBER & PLYWOOD CO DECEMBER 16, 1997 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 12/04/97 -6- CHECK AMOUNT 42.50 24.00 3,500.^0 59.'3 157.97 4,559.10 591.75 70.00 198.32 208.00 6,628.00 278.15 209,620.48 5,355.00 13.78 707.85 36.44 500.00 1,271.38 505.05 17.73 152.24 311.83 3,165.84 97.68 173.19 60.00 55.00 137.90 1,248.47 163.00 156.56 944.21 355.67 277.00 9,398.43 686.50 210.00 872.94 179.63 2,767.00 128.00 20,000.00 7,425.00 1,193.47 439.58 363.00 7,974.18 2,555.00 4,585.00 130.68 63.52 48.00 336.00 201.33 259.74 37.01 76.16 75.57 270.56 2,991.00 500.00 29,531.67 735.00 1,575.33 56.97 161.91 7.50 69.20 2,225.00 182.29 15.00 295.00 114.99 318.09 646.89 39.67 36.02 1,345.24 1,069.05 123.27 195.92 9,204.34 356.89 � � r CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0233667 SUN COAST CLEANING SUPPLIES, 12/04/97 275.08 0233668 ST LUCIE PAPER & PACKAGING,INC 12/04/97 658.36 0233669 SERVICE REFRIGERATION CO, INC 12/04/97 222.25 0233670 SIMON & SCHUSTER 12/04/97 821.54 0233671 SCHOOL DISTRICT OF IRC 12/04/97 1,ODO.00 0233672 SKAGGS, PAUL MD 12/04/97 20.06 0233673 SOUTHERN SEWER EQUIPMENT SALES 12/04/97 159.00 0233674 SPALDING 12/04/97 1,143.90 0233675 SOFTHAUS COMPUTER CENTER, INC 12/04/97 200.00 0233676 SUPERIOR PRINTING 12/04/97 1,213.40 0233677 SYSCO FOOD SERVICES OF 12/04/97 1,177.96 0233678 STEWART INDUSTRIES 12/04/97 900.07 0233679 STEVENS PRINTING 12/04/97 127.00 0233680 SCHWEY SERVICES 12/04/97 462.00 0233681 SYSTEMATIC SERVICES, INC 12/04/97 5,413.64 0233682 SOUTHERN LOCK AND SUPPLY CO 12/04/97 86.90 0233683 ST JOHNS RIVER WATER MGMT DIST 12/04/97 3,000.00 0233684 SUMMERLIN'S SEVEN SEAS 12/04/97 58,640.00 0233685 SKALA, ERIC 12/04/97 15.45 0233686 SPORTSTURF 12/04/97 40.00 0233687 SOUTHERN SECURITY SYSTEMS OF 12/04/97 180.00 0233688 SUNSHINE STATE ONE CALL 12/04/97 451.71 0233689 SEPCO-SOLAR ELECTRIC POWER CO 12/04/97 1,950.00 0233690 SFNN 12/04/97 100.80 0233691 SAMPLE, PETER & CECILIA 12/04/97 10.00 0233692 SEIKO INSTRUMENT USA INC 12/04/97 46.90 0233693 SAFETY ZONE SPECIALISTS INC 12/04/97 879.00 0233694 THOMAS, DEBBY L 12/04/97 35.00 0233695 TIME -LIFE EDUCATION, INC 12/04/97 21.75 0233696 TITLEIST DRAWER 12/04/97 3,832.23 0233697 TREASURE COAST CONTRACTING,SNC 12/04/97 25,794.00 0233698 TECHNOLOGY PARTNERS 12/04/97 1,374.00 0233699 TIPPIN, JOHN W 12/04/97 283.50 0233700 TEXACE CORP 12/04/97 1,238.96 0233701 TONY'S CARPET & UPHOLSTERY 12/04/97 288.00 0233702 TCI MEDIA SERVICES 12/04/97 100.00 0233703 TATTEGRAIN, RAYMOND 12/04/97 37.50 0233704 TRI -COUNTY GAS 12/04/97 32.46 0233705 TARGET STORE T-1050 12/04/97 90.00 0233706 SMITH, TERRY L 12/04/97 74.13 0233707 TRAVEL HUB 12/04/97 447.00 0233708 TROTMAN, MICHAEL 12/04/97 36.05 0233709 UNIVERSAL SIGNS & ACCESSORIES 12/04/97 63.15 0233710 US FILTER DISTRIBUTION GROUP 12/04/97 10,156.54 0233711 UPCHURCH WATSON WHITE & 12/04/97 9,020.40 0233712 USA BLUEBOOK 12/04/97 560.05 0233713 VELDE FORD, INC 12/04/97 1,246.97 0233714 VERO BEACH, CITY OF 12/04/97 37,034.69 0233715 VERO LAWNMOWER CENTER, INC 12/04/97 126.45 0233716 VETROL DATA SYSTEMS, INC 12/04/97 358.40 0233717 VITUNAC, CHARLES P 12/04/97 90.40 0233718 VERO BEACH POLICE DEPARTMENT 12/04/97 35.00 0233719 VERO BEARING & BOLT 12/04/97 297,52 0233720 VERO BEACH POWERTRAIN 12/04/97 168.33 0233721 VERO BEACH THEATRE GUILD 12/04/97 395.00 0233722 VOLUNTEER ACTION COMMITTEE 12/04/97 25.00 0233723 VERO BEACH, CITY OF 12/04/97 2,614.00 0233724 WAL-MART STORES, INC 12/04/97 217.77 0233725 WALSH, LYNN 12/04/97 58.20 0233726 WEST PUBLISHING PAYMENT CTR 12/04/97 170.45 0233727 WOODY'S PAPER & PRINT 12/04/97 161.10 0233728 WAL-MART PHARMACY, INC 12/04/97 141.94 0233729 WQOL FM 12/04/97 430.00 0233730 WAL-MART PHARMACY, INC 12/04/97 146.44 0233731 WILLHOFF, PATSY 12/04/97 234.00 0233732 WM THIES & SONS, INC 12/04/97 444.80 0233733 WHEELER, GARY SHERIFF 12/04/97 5,506.83 0233734 WABASSO GOLF 12/04/97 300.00 0233735 WORLDWATCH LIBRARY 12/04/97 30.00 0233736 WPAW RADIO 12/04/97 200.00 0233737 WOLFE, MEGAN 12/04/97 33.48 0233738 WALGREENS PHARMACY 12/04/97 131.77 0233739 WRAP N' SHIP 12/04/97 51.60 0233740 WBBE-FM 12/04/97 200.00 0233741 WORLD ALMANAC EDUCATION 12/04/97 17.49 0233742 WEST GROUP PAYMENT CTR 12/04/97 70.00 0233743 WOLFE, ERIN 12/04/97 33.48 0233744 YAVORSKY'S TRUCK SERVICE,INC 12/04/97 39.24 0233745 MATHERNE, DENNIS 12/04/97 58.80 0233746 PEARSALL, A 12/04/97 54.36 0233747 TOZZOLO BROTHERS 12/04/97 29.60 0233748 POFFENBERGER, JOHN 12/04/97 52.44 DECEMBER 16, 1997 DECEMBER 16, 1997 -8- CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0233749 FIELDS, STEPHEN 12/04/97 25.51 0233750 BRANDON CAPITAL CORP 12/04/97 132.02 0233751 HARTLEY, EVA 12/04/97 42.81 0233752 DAVIS, MIRIAM 12/04/97 52.88 0233753 GRAND HARBOR 12/04/97 79.98 0233754 R ZORC & SONS BUILDERS, INC 12/04/97 74.08 0233755 STOLLE CORP 12/04/97 86.68 0233756 FLITCH, MARION 12/04/97 12.13 0233757 MASSONI, SANDRA A 12/04/97 57.18 0233758 PROCTOR CONSTRUCTION CO INC 12/04/97 71.74 - 0233759 BELL PROPERTY MANAGEMENT 12/04/97 29.83 0233760 GARONE, JOSEPH 12/04/97 80.96 0233761 STEWART, DAVID 12/04/97 58.64 0233762 WEBB JR, VAN V 12/04/97 24.81 0233763 HOLIDAY BUILDERS 12/04/97 49.69 0233764 MASLANKA, MICHAEL 12/04/97 19.48 0233765 RENO, THOMAS M 12/04/97 37.09 0233766 MESENBOURG, THOMAS L 12/04/97 19.22 0233767 SMITH P E, TODD N 12/04/97 40.07 0233768 HAYES, BRENDA 12/04/97 71.24 0233769 WILLIAMS, NATHANIEL & DIANE 12/04/97 23.65 0233770 ZULLO, ROSE E 12/04/97 21.70 0233771 FOX, LOREN C 12/04/97 61.68 0233772 NICHOLS, TOMMY & BRENDA 12/04/97 48.99 0233773 PELTOLA, DEBRA L 12/04/97 70.27 0233774 TARR, JEANETTE 12/04/97 75.67 0233775 AUTREY, CONNIE S 12/04/97 50.78 0233776 MARSHALL, QUEEN 12/04/97 28.17 0233777 BANHAGEL, JAMES & CHRISTINE 12/04/97 39.43 0233778 THOMAS, DAWNA E 12/04/97 35.18 0233779 GHO VERO BEACH, INC 12/04/97 65.95 0233780 OSBORNE, LINDA K 12/04/97 25.14 0233781 COLLEY, LATOIA N 12/04/97 2.25 0233782 GULF STATES BEAUTY STORES 12/04/97 71.70 0233783 CORNERSTONE SELECT HOMES, INC 12/04/97 142.28 0233784 CEPEDA, ANNA M 12/04/97 28.43 0233785 PARTINGTON, ARLINE J 12/04/97 33.51 0233786 WINSOR, RICHARD 12/04/97 21.30 0233787 MGB CONSTRUCTION, INC 12/04/97 36.25 0233788 PERUGINI CONSTRUCTION 12/04/97 43.41 0233789 STEPHENS, JAMES R 12/04/97 54.75 0233790 VISONE, JOE 12/04/97 94.83 0233791 HARRIS, IRENE L 12/04/97 220.82 0233792 VAN SICKLE, MARVIN A 12/04/97 77.49 0233793 LAMPKIN JR, LAWRENCE B 12/04/97 77.31 0233794 CLARK, THOMAS M 12/04/97 12.01 0233795 LARGE, G C JACK 12/04/97 17.87 0233796 WOJCIECHOWSKI, EDWARD G 12/04/97 44.96 0233797 ALTENHOFF, SVEN V 12/04/97 69.29 0233798 KNIGHT, RONALD L 12/04/97 40.99 0233799 ANDERSON, DEBRA 12/04/97 38.49 0233800 HOVDE, GLEN 12/04/97 65.84 0233801 BARKWELL-ROONEY, BRENDA J 12/04/97 20.38 0233802 SIMPSON, GLADYS J 12/04/97 18.76 0233803 NEWBOLD, THELMA 12/04/97 14.20 0233804 BRISTOL, YOLANDA 12/04/97 45.85 0233805 KAVERMAN, RACHEL & JOHN 12/04/97 26.71 0233806 PERAGINE, MICHAEL 12/04/97 37.70 0233807 GARRETT, TRACEY 12/04/97 4.17 0233808 ANDREWS SR, JOSEPH T 12/04/97 63.01 0233809 WOUTERS, MICHELE 12/04/97 14.77 0233810 GARBELLINI, JOE & JEANNE 12/04/97 3.18 0233811 WHITE, RHONDA A 12/04/97 8.62 0233812 DENNING, CYNTHIA 12/04/97 27.50 0233813 RUBIN, MARK S 12/04/97 50.56 0233814 TULKOFF, PRICILLA G 12/04/97 50.97 0233815 PAYNE, ELIZABETH A 12/04/97 56.31 0233816 ANDREWS, BRETT 12/04/97 52.22 0233817 BERGSTRESSER, JACK D 12/04/97 41.69 0233818 FOREST, PATRICIA 12/04/97 27.63 0233819 BETA CONSTRUCTION 12/04/97 311.98 0233820 WILEN, RANDALL C 12/04/97 47.54 0233821 CRAVEN, DANIELLE J 12/04/97 38.83 0233822 DUBRET, JOHN 12/04/97 14.07 0233823 ABBOTT, REBECCA 12/04/97 14.72 0233824 FIRST NATIONAL BANK 12/04/97 74.10 0233825 THOMAS, BEVERLEY 12/04/97 14.12 0233826 BROWN, DONALD R 12/04/97 42.43 0233827 HAY, CHRISTOPHER 12/04/97 37.13 0233828 GREEN, BYRUSS 12/04/97 8.31 0233829 FIORI, JAMES F 12/04/97 33.15 0233830 REGAN, SHERRY & JACK 12/04/97 22.07 0233831 TOYS R US 12/04/97 345.00 0233832 STUDER, JAMES E & DORIS G 12/04/97 42.65 DECEMBER 16, 1997 -8- CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0233833 INTZEGIAN, ARTIN & EMELDA 12/04/97 18.73 0233834 HABITAT FOR HUMANITY 12/04/97 42.92 0233835 LANG, CHARLES E 12/04/97 99.99 0233836 FINKLESTEIN, MAX J 12/04/97 76.73 0233837 W G MILLS, INC OF BRADENTON 12/04/97 132.84 0233838 KIRBY, BRIAN 12/04/97 42.92 0233839 S C H EQUITIES 12/04/97 5.05 0233840 STRUNK, DOROTHY H 12/04/97 25.90 0233841 GINRICH, MARY 12/04/97 10.35 0233842 MONTELIONE, GIUSEPPE/IVANILDE 12/04/97 100.00 0233843 BRISTOL, YOLANDA 12/04/97 30.77 0233844 R ZORC & SONS BUILDERS INC 12/04/97 15.58 995,207.34 7.0 HAMMOCKLAKES SUBDIVISION- MODIFICATION TO PLANNED DEVELOPMENT PRELIMINA R Y PLAT - PLAN CONDITION OF APPROVAL The Board reviewed a Memorandum of December 10, 1997: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: A it Robert M. Keating, AIC j Community Development Direct 10 THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blady(; Staff Plamildr, Current Development DATE: December 10, 1997 SUBJECT: Hammock Lakes Subdivision Modification to a Planned Development Preliminary Plat/Plan Condition of Approval This report is submitted to advise the Board of County Commissioners of action taken by the Community Development Director to approve a request to modify a condition of preliminary plat approval for a planned development known as Hammock Lakes Subdivision. DESCRIPTION AND CONDMONS: At its meeting of September 14, 1995, the Planning and Zoning Commission approved the preliminary phulplan and made a recommendation to the Board of County Commissioners to approve the planned development (PD) special exception use request for the subject project. The Board granted PD special exception use approval on September 28, 1995, and by that action made effective the project's preliminary plat/plan and condition approved by the Planning and Zoning Commission. At its regular meeting of September 4, 1997 the Board granted final plat approval for Phase 1 of Hammock Lakes Subdivision and authorized the chairman to execute the contract for construction of required improvements and accept security to guarantee the contract for construction. As a condition of preliminary plat approval, the developer is required to pave 1st Street S.W. from 58th Avenue to 43rd Avenue in accordance with an executed agreement between the developer and the county prior to the issuance of any certificate of occupancy within the project. The applicant requested of staff (see attachment #1) to amend that condition to allow the issuance of a certificate DECEMBER 16, 1997 -9- s'ira of occupancy for lots 4, 5, 29, 33, and 19 prior to the completion of the 1st Street S.W. paving between 58th Avenue and 43rd Avenue, provided 1st Street S.W. is paved from the entry of Hammock Lakes to 58th•Avenue. The county attorney's office has advised planning staff tbat, since the requested modifioation is minor and pertains to a condition of preliminary plat approval and not the special exception use granted by the Board, the requested condition may be approved at staff level by the Community Development Director. The Community Development Director has approved the requested modification to the 1 st Street S.W. condition of preliminary plat approval. No further action is necessary by the Board. ANALYSIS: The applicant's request has been reviewed by planning, engineering, and traffic engineering staff. Although the developer agreed to construct the entire length of 1st Street S.W. between 58th Avenue and 43rd Avenue, the LDRs allow for some lots to be developed with a paved connection from the subdivision to 58th Avenue via 1st Street S.W. Therefore, staff had no objections to amending the preliminary plat condition for the paving of 1st Street S.W. to treat lots 4, 5, 19, 23, and 33 as a separate phase to allow for the issuance of certificates of occupancy for homes on these lots prior to completion of 1 st Street S.W. paving between 58th Avenue and 43rd Avenue, provided that a portion of 1st Street S.W. between the entry of Hammock Lakes and 58th Avenue are paved. Even though the modification to the Hammock Lakes preliminary plat condition for the paving of 1 st Street S.W. is minor in relation to the approved preliminary plat, staff wanted to notify the Board of County Commissioners, since the project is a PD project that had been reviewed by the Board. RECOMMENDATION: No action required. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved the amendment of the preliminary plat condition for the paving of l' Street SW to treat Lots 4, 5, 19, 23 and 33 as a separate phase to allow for the issuance of certificates of occupancy for homes on these lots prior to completion of I' Street SW paving between 58' Avenue and 43`d Avenue, provided that a portion of 1' Street SW between the entry of Hammock Lakes and 58' Avenue are paved, pursuant to staff's recommendations. DECEMBER 16, 1997 -10- ZD. BID #8021-129", STREET WA TER MAIN EXTENSION- TREASURE COAST CONTRACTING The Board reviewed a Memorandum of December 8, 1997: DATE: December 8, 1997 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H. T. "Sonny' Dean, Direct General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #8021 /129th Street Water Main Extension Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Notice of Bid Mailed to: Number of Responses: VENDOR Treasure Coast Contracting Vero Beach, FL Forest Hill Construction Wellington, FL Johnson -Davis Inc Lantana, FL Maxwell Construction Cocoa, FL Sheltra & Son Indiantown, FL Martin Paving Vero Beach, FL October 29, 1997 Sept 25, Oct 2, 9, 1997 Thirty Fight (38) Vendors Six (6) Vendors BID TOTAL CORRECTED TOTAL $ 59,929.90 $ 70,730.00 $ 72,430.00 $ 77,000.00 $ 83,781.00 $ 124,530.00 TOTAL AMOUNT OF BID $ 59,930.30 SOURCE OF FUNDS Utilities Department Assessment Funds 473-000-169-293.00 & 473-000-169-335.00 ESTIMATED BUDGET $ 64,079.00 RECOMMENDATION Staff recommends that the bid be awarded to Treasure Coast Contracting as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff request Board approval of the attached Agreement, as to form, when requirements are met and approved by the County Attorney. - DECEMBER 16, 1997 Epi F- t 7X) Commissioner Ginn questioned the wide discrepancy between the low and high bids, and Chairman Eggert responded that the contractors who bid extremely high usually don't want the job. Capital Projects Engineer Bill McCain explained that the low bid is very close to the cost estimate and those contractors bidding too high really did not want the job. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously awarded Bid #8021 to Treasure Coast Contracting, as recommended by staff. BID DOCUMENTS VffiMME ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. OUT -OF -COUNTY TRAVEL -1998 NACO LEGISLATIVE CONFERENCE -FEBRUARY 27THROUGHMARCH3, 1998 The Board reviewed the following information: NACo 1998 Legislative Conference February 27 - March 3, 1998 Moyers to report on addiction program Budget, preemption, tobacco lawsuit among issues planned for exciting conference! Mark your calendar, the 1998 Lgislatfve Conference promises to be an exciting conference that will cover the critical issues affecting counties and their citizens. Key Washington dectsionmakers —President Clinton, Vice President Gore, members of the Clinton Cabinet and the leadership from Congress — wiU be invited to speak at the conference. DECEMBER 16, 1997 Budget agreement Tbs year's latdnmark kderaal budget agreement sets a Nuepnint that v6A affect aountiesin die years toam. Pteserrawnswill mom the questions: "What does the budget agreement mean kir counties!" Tobacco lawsuit NACo is working to ensure that counties have a role in the $368 billion proposed tobacco settlement. Counties spend millions of dol. lars on tobacco -related illnesses. Legislation will heat up in the spring. Preemption The federal government acormlennga number of issues which take authority away fion state and local guvemments The conference will kxos on three major preemption issues: Internet sales; tax, electricity. deregulation and Federal Communications Contnitdum rulings. Other critical issues Other issues that will be covered are UK welfare reform, workforce development, juvenile justice, rural development, hous• ing western lands issues and environmental concerns. Visit Congress In addition to the speakers and the more than 40 workshops, you will have the opportunity to visit your congressional delegation. Call 202/114-3121 to schedule meetings to discuss NACo legislative pri• orities. as well as your county's specific needs. Close to Home: A Aloyers Report on Addiction The conference will feature a presentation by veteran television journalist Bill Moyers, who will discuss how county government can play a role in PBS's upcoming documentary on drug addiction and recovery, enitled Moyers On Addiction: Ckse To Home. -12- ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved out -of -county travel for any Commissioner wishing to attend the NACo 1998 Legislative Conference. 9.A. PUBLIC HEARINGS 9.A.1. ZUCKERMAN VS. INDIANRIVER COUNTY- CLAIMS SETTLEMENT PRESS -JOURNAL Puwmed cony Vera "GA. Indian RI~ County, Florida COMY QF WD" RIVER: STATE OF FWRmA Betcre the rsxlereigrted a ft4 PMsc 4 appeared D" K. iIlaM who on oath says mat he is Preawem of are Press+lotarml, a tlefly,rwspaper pubsstted at Vera Beach Man Ricer Casty. Ftorwa: mat the etfeetied copy of etl�rtieentertt,tg a Y'w�E.c c ntnamatmrot,C�e✓/'i'1— h th�er� I Q Corti W" � Bshed In aaia nwmM er In me lasues of L. 1� �T l - l(} -? Atfim hovw says to the said Presa,larnal is a new mper pubbhed at Vero Beach, In SW Won ftw C &um* Rhea in 8W � R� mat the oda wnrapeper ices Wenn wm been senna class mss matter at the pmt office in Y� � in Ola Mw daly WO Me � eM«aa as f« tOf am a year r ecea me trot p umuon m ma atter oopor « axporetwn any disoaed. reba�oom�sboar ltd Mrtl MMM r w m8 firm rgdra �« pubYcation m saw rtervspaper. g nYs ••.•�P1Y ariG'nu(aNN g§ LI e l �ibdrii to cNped betas me a+w a ��ro * 9 •_ .a r DECEMBER 16, 1997 MY�MGo U Exp. Jan. 01, 2001 Panonaly Knam 0092« Produced ID 0 Ty" of 10 Produced -13- PUBLIC NOTICE Pursuatd to Sedion 164.106, Flor- i Ida Statutes, notice is hereby given that Mee claim of Ramona Zucker- man against Indian River County Board of Courtly Commiuioners, Indian River County, Florida hos been settled f«'15,000.00. Dec. 4, 1997 1217669r rLi`' gF. t0: K U PAGE 600K 10i FAGL � " The Board reviewed a Memorandum of November 26, 1997: TO: Board of County Commissioners THRU: James E. Chandler, County Administrator FROM: Beth Jordan, Risk Manager_, DATE: 26 November 1997 SUBJECT: Public Hearing; Zuckerman vs. Indian River County On November 25, 1997, the staff Claims Review Committee met to discuss the claim of Romana Zuckerman. Background On October 15, 1995, Mrs. Zuckerman, then 33 years old, was injured in a two -vehicle accident at the Intersection of 86th Avenue and 49th Street. A copy of the Florida Highway Patrol's Florida Traffic Crash Report is attached. The plaintiffs husband, Alan, was charged with violation of right of way after driving his car into the path of an oncoming vehicle. Analysis William Frates, Mrs. Zuckerman's attorney, made an initial demand of $75,000.00. On November 10, Lyman Reynolds, defense counsel.. and I participated in mediation with Gene Roddenberry, mediator, the plaintiff, her husband, and Mr. Fnates, who acknowledged that his client's husband was as much as 50% responsible for the accident He maintained, however, that the County was at least 50% liable based upon weeftgrasses which blocked Mr. Zudkemnan's sight distance. We have determined that Road S Bridge maintains the shoulders of this intersection and had art the grass up to the canal guardrail, a distance of approximately 9 % feet from the edge of pavement. Our accident reconstruction expert witness has advised this is not a dear case for either party, bid one which could have been explained to a jury. The grass behind the guardrail, growing directly along the canal bank, was overgrown and photographs taken by the plaintiffs mother on the date of the accident show this condition. At the mediation conference, Mr. Reynolds and staff held firm that this claim is not valued at over $15,000.00 for settlement purposes and that we could not recommend a higher amount to the County. The claims review process, including public hearing before the Board of County Commissioners, was explained to the plaintiff. This claim was scheduled for the December 8 trial docket After a few hours, Mrs. Zuckerman agreed to our final offer. The Claims Review Committee unanimously approved the mediated settlement based upon the following fads. There was sigriftant Impact to Ants. Zuckerman's vehicle as evidenced by the attached photographs. She has approximately $13,500.00 remaining in outstanding medical bilis atter payments by both her auto insurer and group health insurer. Additionally, she continues to incur costa for a pain management clinic, faces possible surgery, and has temporomandibular joint (TMJ) injury. Despite the fact that the water management district owns the canal along 66th Avenue, the County has responsibility to maintain sight distance and has traditionally maintained the roadways adjacent to canals. The County had received two complaints about overgrown weeds at this intersection, and through a miscommunication, alt the weeds at a nearby intersection but not at this one just prior to the accident. Recommendation This mediated settlement Is within the settlement authority of the Staff Claims Review Committee. In keeping with the Boards desire that all such settlements appear as public items, it has been publicly noticed and is being placed on this agenda. DECEMBER 16, 1997 -14- Attorney Lyman Reynolds, the County's trial counsel, presented the matter to the The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved the mediated settlement with Romana Zuckerman, as recommended. 9.A.2. COMMUNITY DEVELOPMENT BLOCK GRANT (CDB(i) APPLICATION AMENDMENTS NOTICE OF PUBLIC HEARING Indian River County will conduct a public hearing on the CDBG Neighborhood - Revitalization Grant Project (CDBG 97DB-3K-1040-01-N27) to discuss changes in the T6. -T-097 at 9:05 a.m. at a� t -&an T VEr ounty Commission Chambers, 1840 25th Street, Vero Beach, Florida. Quer c Works birector at (561} 567-8000 Ext. 245. EQUAL OPPORTUNITY EMPLOYER HANDICAPPED ASSISTANCE PROVIDED P.O.AI I Box 1268 Vero Beach.• •• 3296 1 562-2315 COUNTY OF 04IMM RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press -Journal, a daily newspaper Published at Vero Bead in Indian River County, Florida; t J1-.1ffiJW1F 4-11 X43 billed to11 was published in sg{d newspaper in the issue(s) of 1897 a,)) l ? A Sworn to and subscribed b7efore me this ....�14E-. �,f '.�.el a _ President _Y AN~FB 50It,m :� L KIMBERLYANWE ¢ Aftwal not Notary Po01ir, State of norma ;g: t �t[ltlfh2 rte: MycommissWExp Jae:01.2001 c p L`0MM N*. cc 611092 PeisondIyVA"A LloprodtxedlD t3 Ty9s of 10 Proaaood DECEMBER 16, 1997 -15- -7-- &09K U Fart d e L F'r- boo �,� ab The Board reviewed a Memorandum of December 8, 1997: TO: James E. Chandler County Administrator DEP RTMENT HEAD CONCURRENCE Obert Ki. Keating, AIC /J THROUGH: Sasan Rohani, AICP> . Chief, Long -Range Planning FROM: Peter J. Radke . Economic Development Planner DATE: December 8, 1997 RE: Amendments to Community Development Block Grant (CDBG) Application It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 16, 1997. DESCRIPTION AND CONDITIONS In August 1996, Indian River County's Community Development Block Grant (CDBG) application was approved by the State Department of Community Affairs. The purpose of the grant is to provide for street and drainage improvements, water line extensions, and water connections to the Colored School and Whitfield subdivisions in the Wabasso area. A $750,000 CDBG was awarded to Indian River County to complete the aforementioned activities. In addition, the county committed $60,000 to the roadway and drainage improvements. To assist very low and low income households of both subdivisions with the cost of connecting to the county water system, County SHIP loans are available to eligible households. As part of the CDBG application, Indian River County pledged $200,000 from County SHIP funds to be used by households in the CDBG project area. These funds will be distributed as deferred payment, low interest loans (0% annual interest rate for very low income households and 3% annual interest rate for low income persons). With the SHIP loans, qualified applicants have the option of paying back the loans through a monthly payment schedule that is appropriate for their budget. The SHIP loans are available to qualified applicants to pay water impact fees and any needed plumbing system repairs. All other costs (line extension, fire hydrants, meters, service lines, road paving, and drainage improvements) will be paid with CDBG funds. In the past seven months, County staff have organized and attended three community meetings (04/29/97, 07/28/97, and 10/28/97) and three application workshops (06/20/97, 07/30/97, and 09/16/97) to inform residents ofthe project and to assist residents with the various application forms. Despite this effort, there has been a low response rate for completing CDBG water connection forms and applying for SHIP loans. On November 25, 1997, the CDBG Citizen Advisory Task Force voted 2-0 to recommend that the Board of County Commissioners approve the CDBG application amendments identified below. ANALYSIS On October 8, 1997. the CDBG project was awarded to the lowest bidder, Martin Paving Co. of Sebastian. Since the bid for the CDBG scope of work came in below the CDBG approved funding, the budget needs to be adjusted to match the bid of Martin Paving Co.. The proposed revised budget is identified below: DECEMBER 16, 1997 -16- Activity Current Budget Proposed Budget Revision Street Improvements $239,850 $338,400 ($98,550) Fire Hydrants $22,000 $17,600 $4,400 Potable Water Facilities $285,150 $180,000 $105,150 Water Hook-ups $42,000 $59,000 ($17,000) Engineering $104,000 $98,000 $6,000 Administration $57,000 $57,000 $0 Total Grant $750,000 $750,000 To date, the county has received and processed 20 SHIP applications related to the CDBG project. Those 20 applications represent only $26,000 in SHIP funds. Given the low response rate for SHIP loans, it is anticipated that the $200,000 in SHIP funds originally committed to the CDBG project will not be fully utilized. Therefore, the CDBG project budget should be amended to reflect the $26,000 of SHIP loans that the county has processed. At the time of the grant application, the number of housing units that would qualify for a free water connection, using CDBG funds, was estimated based on a household survey. Since the grant has been funded, a 100% survey has been conducted. At this time, 56 households have submitted the required documentation and. therefore, will qualify for a free water connection compared to the grant estimated 84 households. Therefore, the number of households being connected as part of the grant will need to be revised. Since the number of housing units being assisted is being revised, the number of people living in the housing units as reported to the grant agency will also need to be revised. Lowering the SHIP allocation or number of qualified households in the project area will not prohibit other households in the project area from applying for SHIP funds and/or CDBG qualification. The county does have the ability to increase the SHIP allocation and/or number of qualified households without the need for a formal amendment to the CDBG application. Based on the analysis conducted, staff and the CDBG Citizen Advisory Task Force recommend that the Board of County Commissioners approve the amendments to Indian River County's CDBG application. Community Development Director Bob Keating introduced Robert Johnson, of Clark, Roumelis & Associates, the County's CDBG consultant. Chairman Eggert questioned whether the problem of the one owner who thought she was not receiving a hydrant had been solved. Robert Johnson, CDBG consultant, replied that had been taken care of. 56 households have qualified and the grant will be reduced to 56 connections. However, connections can still be made after the cutoff date. DECEMBER 16, 1997 L !tX!Jti!17\ �Y�d�N. 7 The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved the amendments to Indian River County's CDBG application, as recommended by staff. APPLICATION DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 9.A.3. PROPOSED LAND DEVELOPMENT REGULATIONS (LDj AMENDMENTS - FINAL HEARING n.� a P.O. Box 4268 Vero Bepch, Flodda 32964 . 562-2345 FIN Wiroo Journal COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl IL Iflelts who on oath says that he Is dent of the Prrsv-Journal, a daily ne� per published at Vero Beach in Indian Ever County, FloA z was published in said nqy paper in the issue(s) of Sworn to and subscribed before me this 11%aay �........ - �President �pUY SNF , � 7GiC.fti� *;•(fIOYRIItEs'.�t pp18ERLYANNE LAIS LWaq'Ot.7ppl Notary Public. State of Florida (sYtIMtLI(f11G9t :ct MYcommiesionE:W-Ian.01.2001 9 : ; c • comm. No. CC 611092 ••�,, •. OQt Poraonafly Known or Produced ID Cl .cn w ��r•. STA1;E�:•' Type Otto Produaod �.• DECEMBER 16, 1997 -18- NOTICE OF PUBLIC HEARING NOTICE OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRS) CHANGING THE LIST OF PERMITTED USES WITHIN THE A-1, A-2. A-3, PRO, OCR, CN, CL, AND CG ZONING DISTRICTS, AND AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS). CHAPTER 911, ZONING; CHAPTER 917, ACCESSORY USES AND STRUCTURES, CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 932, COASTAL MANAGEMENT; CHAPTER 952, TRAFFIC; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA, AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROPOSES TO ADOPT AN ORDINANCE AMENDING PERMITTED USES ALLOWED WITHIN THE A-), A-2, A-3, PRO, OCR, CN, C, AND CG ZONING DISTRICTS. THESE AND OTHER AMENDMENTS WILL BE CONSIDERED FOR ADOPTION, AS FOLLOWS: ceasing landscaping requirements countywide 1. In and clarifying Ping for new development and redevelopment projects (Chapters 911 and 926). 2. Clarifying commercial nursery and greenhouse uses in agricul- tural araau restrtcti such uses to cultivation and wholesaling activities (Chapter 9111. 3. Specifying standards for minimum allowable driving aisle widths for drive -up window facilities (Chapter 952). 4. Establishing setback standards for dumping and spreading fruit (e.g. citrus) onag ricultl properties (Chapters 911 and 917). S. Specifyingg stahhdaumrds for uses that consist primarily of office uses but have other accessory uses (Chapters 911 and 917). 6. Corrections to scrivener's errors and inadvertent omissions in existing ordinance sections (Chapters 911 and 971). 7. Specifying that the county.s coastal management ordinance sections 932.06 and 932.09 (e.g. seawall permitting) appy to oceanfront propsrties in the City of Vero Beach (Chapter 932). A PUBLIC HEARING ON THE ORDINANCE AMENDING USES WITHIN THE A-1, A-2, A-3, PRO, OCR, CN, CL, AND CG ZONING DISTRICTS, AND THE OTHER DESCRIBED AMENDMENTS, WILL BE HELD ON MONDAY, DECEMBER 1, 1997 AT 5:01 P.M. AND ON TUESDAY, DECEMBER 16, 1997 AT 9:05 A.M. AT THE BOARD OF COUNTY COMMISSIONERS CHAMBERS, 1840 25th STREET, VERO BEACH, FLORIDA. A COPY OF THE PROPOSED ORDINANCE WILL BE AVAILABLE FOR THE PUBLIC BEGINNING NOVEMBER 25, 1997, IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY ADMINISTRATION BUILDING LOCATED AT 1840 25th STREET, VERO BEACH, FLORIDA. CITIZENS SHALL HAVE AN OPPORTUNITY TO BE HEARD AT THE PUBLIC HEARINGS. THE PROPOSED ORDINANCE, IF ADOPTED, WOULD BE EFFECTIVE IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, AS DEPICTED ON THE LOCATION MAP SHOWN BELOW. umuo mu own. ::u,oaV W�:oO uu Please direct planning -related questions to the current development planning section at 567- 8000, ext. 242. Anyone who may wish to appeal any decision which may be made at this meting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 56741000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Carolyn K. Eggert, Chairman The Board reviewed a Memorandum of December 10, 1997: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: 4t' i v I �— ; rl,Obeating, AICP Community Development' ect r 4-19 FROM: Stan Boling, AICP Planning Director DATE: December 10, 1997 SUBJECT: Final Hearing on Proposed LDR Amendments It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 16, 1997. BACKGROUND: At its December 1, 1997 special meeting, the Board of County Commissioners considered various IDR amendments related to landscaping and other issues. At that meeting, the Board directed staff to make some changes to two proposed amendments (see attachment #1). Those changes have been made and are incorporated into the attached ordinance (see attachment #2). DECEMBER 16, 1997 -19- &09K . fwu 710 In addition to the Board directed changes, staff has also made two additional changes related to landscaping clearance from electrical facilities and seawall permitting within the City of Vero Beach. These changes are also incorporated into the proposed ordinance. The Board is now to take final action and approve, approve with modifications, or deny the proposed ordinance. ANALYSIS• Changes from the December 1st version of the ordinance are bolded and italicized in attachment #2, and are as follows: 1. Commercial nurseries in agricultural districts. At its December 1st meeting, Board members agreed that the intent of the existing LDRs is to limit commercial nurseries in agricultural districts to cultivation and wholesaling uses and to prohibit all on-site sales. By prohibiting such sales, members of the general public are to be precluded from patronizing the site. Consequently, no special site and building improvements are required to accommodate the general public. Also, the prohibition draws a clear and logical distinction between an agriculturally -oriented commercial nursery and a retail commercial use that is more appropriately restricted to commercial zoning districts. The proposed ordinance specifically states that on-site retail sales are prohibited for agriculturally zoned commercial nurseries. The ordinance also specifically states that cultivation, wholesaling, and off-site landscaping services (maintenance, delivery, design and installation) are allowed on agriculturally zoned commercial nursery sites. Such off-site landscaping services would not draw the general public to agriculturally zoned sites and would merely involve storage and use of the types of materials and equipment kept on site for cultivation and wholesaling activities. 2. Fruit -spreading setbacks. As agreed upon at the December 1st meeting, proposed setbacks between spread fruit and public roads, private potable wells, and waterbodies have been increased from 200' to 300'. 3. County review and permitting of seawalls in the City of Vero Beach. Staff has changed slightly the proposal to bring the county LDRs into line with an existing arrangement whereby the county reviews and permits seawalls within the City of Vero Beach. The changes are intended to ensure that the county's purview within the City relates to seawalls only, and not other coastal issues such as turtle fighting/protection (see attachment #3). 4. Landscaping clearance from electrical facilities. Following the December 1st hearing, an FP&L representative asked staff to consider some modifications to a proposal establishing landscaping clearances from electrical facilities (see attachment #3). In staffs opinion, the requested changes are reasonable. These changes are as follows: A. Require a 10' rather than a 3' canopy tree clearance from power lines. Because FP&L follows ANSI (American National Safety Institute) standards, FP&L trims trees to maintain a 10' clearance from powerlines. Vero Beach electrical engineering staff have stated that Vero Beach Electric also generally follows ANSI standards. Therefore, it is reasonable to require landscape designers to take into account the 10' clearance standard when proposing trees within 30' (horizontal) of a powerline. The revised ordinance establishes such a requirement. B. Require a Y tree, shrub, and vine clearance from utility poles, guy wires and anchors, and transformer pads. Such a clearance is needed for maintenance purposes and should be able to be accommodated without compromising any landscaping requirements. Staff recommends that the Board of County Commissioners adopt the attached LDR ordinance. DECEMBER 16, 1997 Planning Director Stan Boling went over the 4 changes to the Land Development Regulations. Chairman Eggert noted that the Memorandum omitted the word "retail" from the 3' line of Item No. 1, Commercial Nurseries in Agricultural Districts, and Director Boling advised that it is included in the proposed ordinance. The Chairman opened the public hearing regarding Item No. 1, Commercial Nurseries in Agricultural Districts, and asked if anyone wished to be heard regarding this matter. Mike Rhoads, the owner of The Landscape Stop on 510, stated that the County has issued a combination license to him for 3 years and he felt some time should be allowed to relocate his retail operation. His whole life is invested in this business and he is not disputing that changes should be made but asked for a 6 -month period to relocate Director Boling explained to the Board that Mr. Rhoads' business is a commercial operation in an agriculturally zoned district. He believed that Mr. Rhoads had reference to an occupational license which was issued for the past 3 years which does not absolve him from the responsibility of operating in an appropriately zoned area. Chairman Eggert stated that several of the Commissioners have been in the nursery business and understand that the relocation would take some time but felt that 6 months is too long. Commissioner Tippin thought 2 months would be sufficient but agreed to allow 3 months. Mr. Rhoads felt 3 months would be fair. Chairman Eggert asked if anyone else wished to be heard regarding Item No. 1. There being none, she closed the public hearing. Chairman Eggert directed staff to make a special note giving Mr. Rhoads 3 months to establish a new retail part of his nursery. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved Item No. 1 as submitted by staff. DECEMBER 16, 1997 r -21- �ti�� Chairman Eggert then opened the public hearing regarding Item No. 2, Fruit - Spreading Setbacks and asked if anyone wished to be heard. There being none, she closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved Item No. 2 as submitted by staff. Chairman Eggert then opened the public hearing regarding Item No. 3, County Review and Permitting of Seawalls in the City of Vero Beach, and asked if anyone wished to be heard regarding this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams being absent) unanimously approved Item No. 3 as submitted by staff. Regarding Paragraph 7 ofthe proposed Ordinance, Amending Landscaping Chapter Section 926.09(3)(a) as follows: Amending landscaping chapter section 926.09(3): (3) Parking area interior landscaping. (a) For off-street parking (driving aisles. driveways parkinsg spaces loading areasl areas equal to at least ten (10) percent of the total paved area (driving aisles. drivewayMparking_spaces loading areass) shall be provided with interior landscaping. Please see Mraphic at end of this chapter illustrating how this requirement is calculated (b) Each separate ...required landscaped area shall contain a minimum of one hundred (100) square feet and.iall :a tiuenn with minimum dimensions of at least ten (10) feet in areas where a tree is Rlanted. and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, Coding: Words in bl6&5&ass type are deletions from existing law. Words underlined are additions. 5 Commissioner Ginn stated that she could not agree to the 10% minimum. She felt more green space is needed and that it is a "now or never" action. DECEMBER 16, 1997 -22- Commissioner Tippin observed that perhaps the parking requirements could be reduced which might increase the green space. Chairman Eggert then opened the public hearing regarding Item No. 4, Landscaping Clearance from Electrical Facilities. Rachael Scott, Florida Power and Light representative, thanked the Board for the opportunity to work with the County in trying to improve safety and reliability. FPL is making an effort to improve the distances between trees and power lines, particularly in the storm season. She felt that 10 feet would be the minimum for a safety standard and stated that FPL is also trying to maintain clearances of 5 feet from ground facilities. Chairman Eggert supported the clearances with tears in her eyes for some of the 50 to 100 year-old trees which will be affected. Chairman Eggert asked if anyone else wished to be heard regarding Item No. 4. There being none, she closed the public hearing. ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board, by a 3-1 vote (Commissioner Ginn opposed and Commissioner Adams being absent) approved Item No. 4 as submitted by staff. Chairman Eggert then opened the public hearing regarding the entire proposed Ordinance and asked if anyone wished to be heard. There being none, the Chairman closed the public hearing. Commissioner Ginn reiterated that she did not think the provision of 10% of the total paved area for off-street parking to be provided with interior landscaping, nor the minimum dimension of at least 10 feet in areas where a tree is planted, was adequate. DECEMBER 16, 1997 -23- bfn F?�C£ "box�"A'a ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board, by a 3-1 vote (Commissioner Ginn opposed and Commissioner Adams being absent) adopted Ordinance 97-29 changing the list of permitted uses within the A- 1, A-2, A-3, PRO, OCR, CN, CL and CG Zoning Districts, and amending the following Chapters of the Land Development Regulations (LDRs): Chapter 911, Zoning; Chapter 917, Accessory Uses and Structures; Chapter 926, Landscape and Buffer Regulations; Chapter 932, Coastal Management; Chapter 952, Traffic; Chapter 971, Regulations for Specific Land Use Criteria; and providing for repeal of conflicting provisions, codification, severability and effective date. ORDINANCE NO. 97- 29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CHANGING THE LIST OF PERMITTED USES WITHIN THE A-1, A-2, A-3, PRO, OCR, CN, CL, AND CG ZONING DISTRICTS, AND AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING, CHAPTER 917, ACCESSORY USES AND STRUCTURES; CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 932, COASTAL MANAGEMENT; CHAPTER 952, TRAFFIC; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA, AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, 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: I. COMMERCIAL NURSERIES IN AGRICULTURAL AREAS. Amend a portion of the use table of LDR section 911.06(4) to read as follows: "Uses A-1 A-2 A-3 RFD RS -1 AGRICULTURAL Nursery and greenhouses Noncommercial P Commercial (cultivation. wholesaling- and holesalingand off-site landscanine services allowed• no retail sales allowed on-site) P DECEMBER 16, 1997 -24- P P A A P P -- —" ORDINANCE NO. 97-_2Q 2. CORRECTION OF SCRIVENER'S ERROR A. Amend a portion of the use table in LDR section 911.10(4), as follows. " PRO OCR MED CN CL co CH Auto Repair, Services and Parking Automotive fluid sales and services (other than gasoline) — — — — A # g P" B. Amend LDR section 971.12(3)(a) as follows: "(3) Self-service storage facilities (administrative permit). (a) District requiring administrative permit approval, (pursuant to the provisions of 971.05): CG. C. Amend LDR sections 971.44(1)(d) and (e) as follows: "(d) All commercial communications towers one hundred fifty (150) feet and taller: special exception use approval is required. Criteria 1417 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-2, A-3, Con -1, IL, and IG. (e) Non -conforming commercial towers may be replaced with a new tower that does not meet the setback standards of criteria (g)1. below if the degree of setback non -conformity is not increased, the tower is designed for and used by multiple users, and the applicable approval procedures and criteria for the type of tower specified in (a) -(d) above are satisfied. 1. Commercial communications towers over seventy (70) feet tall may be approved as a special exception use on a publicly owned site in any zoning district, subject to satisfying criteria 1- 17 of subsection (g) below, and subject to the following: a. The site shall be twenty (20) acres or larger in size, and b. The proposed tower shall be set back from the nearest boundary of developable private property a distance equal to three hundred (300) percent of the tower height." DECEMBER 16, 1997 —25— a, fFs :E 3. 4. BOA Faa ORDINANCE NO. 97- 29 DRIVE-THROUGH LANE WIDTH Amend section 952.12(1)(b) as follows: "(b) Drive-in facilities having one window or bay shall have sufficient on-site storage to accommodate a minimum of five (5) queued vehicles, or one hundred (100) feet. Drive-in facilities having in excess of one window or bay shall provide on-site storage in accordance with the following standards: Number of Drive -In Windows or Bays 2 3 4 5 6 Queue Distance 8 vehicles/160 ft. 10 vehicles/200 ft. 13 vehicles/260 ft. 16 vehicles/320 ft. 19 vehicles/380 ft. These standards may be reduced by the community development director upon showing of good cause." The minimum allowable width of a driving aisle serving a drive -up window, (e.g. bank restaurant etc.) shall be nine feet (91No curb machine equipment or other protuberance shall encroach this nine -foot wide space COUNTY REVIEW & PERMITTING OF SEAWALLS IN THE CITY OF VERO BEACH. Amend county code section 932.04 as follows: "(1) This chapter is enacted pursuant to the authority vested in the board of county commissioners by virtue of Article VIII, Section (1) of the Constitution of the State of Florida and Florida Statutes, Chapter 125.01 and Chapter 163.3202. (2) This chapter shall be applicable to all land and aquatic areas lying within the unincorporated area of Indian River County, Florida. (3) Subsections 932.06(7). Seawalls and bulkheads and 932.06(9). Emergency provisions. of this Chapter shall be applicable to all oceanfront properties lying within the municipal limits of the City of Vero Beach. Florida." DECEMBER 16, 1997 —26— s � ORDINANCE NO. 97- 29 S. SETBACKS FOR FRUIT SPREADING A. Amend a portion of the use table of zoning ordinance section 911.06(4), to read as follows: A-1 A-2 A-3 RFD RS -1 "Agricultural General farming P P P — — Dairy farming A A A — — Livestock & poultry raising P P P -- — Stables (noncommercial) P P P A A Stable (commercial) P P P — — Sludge spreading A A A — — Tree farms P P P — — Kennel & animal boarding places Commercial A A A — — Noncommercial P P P P A Fruit & vegetable juice extractions & packing houses A A A — — Small animal specialty farms A A A — — Tenant dwelling S S S -- — Residential migrant housing facility S S S *Nursery & greenhouses Noncommercial P P P A A Commercial P P P — — Agricultural businesses, excluding wholesaling & processing S S S — — Agricultural industries S S S — — Fish farms A A A — — Agricultural research facilities A A A — — Aquaculture A A A A A Fruit spreading_[subject to section 917.06(15)1 P P P = _" *Editor's Note: changes are proposed under section 1 of this ordinance. B. Establish section 917.06(15) of the accessory uses and structures ordinance to read as follows: "C15 Fruit is permitted to be spread on land for live stock feed or as a soil additive, as an accessory use to the agricultural use on site subject to the following restrictions: 1. Spreading of fruit is allowed on agriculturally zoned property only. 2. Fruit that is spread shall not be located closer than: a. 300' from the nearest edge of a public road and b. 300' from a private supply potable water well. and c. 300' from a lake, river, creek, or drainage district canal or waterway. and d. 500' from an occupied structure (residential or non- residential), and e. 1.500' from a public supply water well (as defined by state DECEMBER 16, 1997 L box ORDINANCE NO. 97- 29 6. VEHICLES ANCILLARY TO OFFICE USES Establish a footnote to the "General and professional office" use category of the use table of LDR section 911.10(4), to read as follows: PRO OCR MED CN CL CG CH "General and professional officeA P P — P P P — 4Uses, such as limousine services and construction offices. which would not be allowed within certain zoning districts, such as OCR may be considered general office uses and permitted if the following conditions are met: All Wes of vehicles [reference 911.15(3 a I and materials kept on site shall be )(J limited to those materials and Wes of vehicles allowed in residential areas. The number of vehicles used for business purposes and that meet the above condition and that are kW on site shall be limited to 25% of the number of parking apaces required for the office use. Except for vehicle parking, all uses shall be conducted within an office building. 7. TREE SIZE & INTERIOR TO PARE) NG LOT REQUIREMENTS Amend landscaping chapter section 926.06(3)(a) -(d) as follows: (3) Trees. (a) Canopy trees I Canopy trees shall be species having an average mature spread of crown of greater than fifteen (15) feet (under local climatic conditions) and OM" having a trunk(s) with over five (5) feet of clear wood. "Clear wood" refers to that portion of the trunk between the ground and the lowest lateral limbs. 2. Installed canopy trees shall be considered "mature" wears after installation. 3. Clusters of oalms can be used as a canovN treeprovidedthat a minimum of 3 palms are clustered to equal one qgnoga tree. However, the 3 to I clustering mquirement can be reduced or eliminated by the community develgpment director or his designee for palms with large canopies such as CanM Island date palms. (b) Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen -foot crown spread. (c) Palms clusters shall be considered trees_ " Palms. if used, 40 shall consist of no more than fifty (50) percent of the total new tree requirement when said palms are existing on the site or are relocated on the same site. (d) W)&"W DECEMBER 16, 1997 -28- ORDINANCE NO. 97- 29 Tree Sizes: 1. Required canopy trees shall be a minimum of ten (10) feet overall in height and two (2) inchdiameter at 0.5' above grade. at the time of planting.excgpt as follows: a. Within the Wabasso and SR 60 corridor areas, required canopy trees shall be a minimum of twelve (12) feet overall in height, minimum two (2) inch diameter at 0.5' above grade and 6' minimum spread at time of planting palm clusters are used, the 10' and 12' minimum shall be provided as clear wool rather than an overall tree hem b. Where a building between 12' and 25' in heiaht is nronosed to be located within 50' of a perimeter property lim canopy trees within required buffers (Types A -D) located between the building and a site perimeter shall be a minimum of 12' in height and a 2" diameter at 0.5' above grade at planting and a minimum 6' spread, except that at least one-third of the required buffer canopy trees shall be a minimum of 16' in height and 3" diameter at 0.5' above grade and a minimum 8' spread at time of Wig. Where a building between 12' and 25' in height is proposed more than 50' from a perimeter, the canopy tree height requirements of (d) 1. above, shall apply to canopy trees within the buffer. C. Where a building_over 25 in_heiuht is proposed to be located within 70' of a perimeter pr RgM line. all canopy trees within required buffers (Types A -D) located between the building and a site perimeter shall be a minimum of 16' in heip-ht and a 3" diameter at 0.5' above grade and a minimum 8' s rp ead at planting. Where a building over 25' in height is proposed more than 70' from a perimeter, the canovytree height requirements ofld)1 above. Shall apply to canopy trees within the buffer. 2. Required understoly trees shall be a minimum of five (5) feet overall in height and one (1) inch diameter at 0.5' above grade, at the time of planting. Multi -trunk trees shall have a 1" caliper for all trunks at 6" above grade. DECEMBER 16, 1997 Amending landscaping chapter section 926.09(3): (3) Parking area interior landscaping. (a) For off-street parking (driving aisles. driveways. parking space& loadin aresI areas equal to at least ten (10) percent of the total paved area (driving aisles, driveways, parking spaces, loading areas) shall be provided with interior landscaping. Please see g_ranhic at end of this chaff illustrating how this requirement is calculated. (b) Each separate, required landscaped area shall contain a minimum of one hundred(100) care feet aiwith minimum dimensions of at least ten (10) feet in areas where a tree is 1p anted. and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height. 1. To preserve adequate sight distance, end islands at intersections of internal driveways shall be designed and maintained to preserve a visual 'blear window" for the area between 3' and T above the adjacent barking lot grade. (c) The total number of trees shall not be less than one for each three hundred (300) square feet of fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. (d) When, upon the request of the developer and in the opinion of the community development director, the placing of all required interior trees would create an impractical landscape effect, a portion of the required interior trees may be placed along the perimeter of the parking area to satisfy this requirement. (e) The area to be counted for interior landscaping requirements shall be graphically depicted on landscape plans by cross -hatching or other graphic means. DECEMBER 16, 1997 -30- PERIMETER LANDSCAPE DECEMBER 16, 1997 C� -31- t I - CREDITABLE VEHICULAR LANDSCAPE AREA PARKING LOT SHELL BOUNDARY EXAMPLE PROVIDES APPROX.14% OF THE PAVED AREA AS GREEN AREA 60J Fwu y ORDINANCE NO. 97-29 8. LANDSCAPE MAINTENANCE & REPLACEMENT Amend landscape chapter section 926.12 as follows: (1) Installation. Lal All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures, with the quality of plant materials as her described. Prior to or at the time a certificate of ocgUDancv inspection is requested of code enforcement staffi the project landscape architect or landscape contractor shall certify in writing the date he or she last inspected the landscape installation and that all installed landscape material that is required by ordinance is Florida No 1 or better. All elements of landscaping, exclusive of plant material, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. A code enforcement official shall inspect all landscaping, and no final certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements provided herein. J Bonding to guarantee installation Required landscape materials can be bonded -out for future installation in the event of a Board of County Commissioners recognized disaster (e.t► freeze or hurricane) that adversely affects availability of landscape materials. At the time that it recognizes such a disaster. the Board shall set a timeframe by which required landscaping must be installed. In addition to bonding -out after such disasters the Planning and Zoning Commission is authorized to approve bonding -out for installation of rewired landscape materials where such installation needs to be delayed in coordination with adjacent road construction that would disrupt adjacent landsca eD areas. To bond -out for future (post C O) installation. a cash bond must be posted with the county in the amount of 115% of the contract installation >l rim• (2) Maintenance. (-a) The owner, or his agent, shall maintain all landscaping depicted on the approved plan in good condition, so as to present a healthy, neat and orderly appearance, free from refuse and debris, and in a manner quantity and variety required by this article, for the duration of use of the site. All landscaped areas shall be provided with an adequate irrigation system, as provided for in section 926.11. Completed project sites shall be reviewed periodically by code enforcement officials for compliance with these provisions, and any violations shall be presented to the code enforcement board. bL Native plant areas used for landscaping purposes may be left in their natural condition, providing they are maintained so as not to create a health or safety hazard. These areas may also be excluded from the water supply requirements, providing they are in a healthy condition upon issuance of a final certificate of occupancy. Consistent with section 929.08, all approved DECEMBER 16, 1997 -32- ORDINANCE NO. 97-29 sites and "native plant areas" shall be required to maintain the site free of any nuisance exotic1p ant species. (q) Mature trees shall not be pruned to reduce the canopy to less than the minimum 15' spread except for the removal of dead or diseased wood. (2) Replacement of Required Landscaping. Required landscaping that has died or has been removed shall be replaced bX material which is equivalent to the size that the material should have attained from the time of project C.O. (Certificate of Occupancy). as follows: From 0-18 months after project C.O.. landscape materials may be retraced at the sizes indicated on the approved site plan. From 18 to 36 months after project C.O.. replacement shrubs shall be a minimum of 30" in height, replacement canopy trees shall be a minimum of 16' in height and 3" diameter at 0.5' above grade. and replacemem understory trees shall be a minimum of 7' tall with a 1'/z" diameter at 0.5' above grade. More than 36 months after project C.O.. replacement shrubs shall be a minimum of 36" in height, replacement canopy trees shall be a minimum of at 18' in height with a 4"diameter at 0.5' above grade, and replacement understory trees a minimum of 10' with a 2" diameter at 0.5' above grade. All replacement material shall be the species shown on the approved site plan or a substitute approved by the county in the specified location. 9. LANDSCAPING ALONG ROADWAYS Amend landscaping chapter section 926.09 as follows: Landscaping Along Roadways (1) feet in depth shall be located adjacent to the right-of-way along the site's entire road frontage. Within the strip, landscap:mg shall be provided as follows: (a) zp o at i tern �(tl} deetp dept pe tfiiig - aml the �#1' partecerht eagosett..,... ............................ t .r:�.:i�30�lstte�l.�,ptr',�� Landscaping materials shall be planted in the following quantities: 1. Along local roads: one (1) canopy tree for each thirty (30) lineal feet or fraction thereof. 2. Along collector roads: one (1) canopy tree for each twenty-five (25) lineal feet or fraction thereof for canopy trees 10' high at time of phuiting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees 12' high at time ofIp gu ft. DECEMBER 16, 1997 (b) ORDINANCE NO. 97- 29 3. Alone arterial roads: one (1) understoly tree for each twenty-five (25) lineal feet or fraction thereof and one (1) ono= tree for each twenty-five (25) lineal feet or fraction thereof for canopy trees 10' high at time of planting or one 1)canny tree for each !WM 30) lineal feet or fraction thereof for canopy trees 12' high at time of �kaIItm• g. Note: Trees are not required to be spaced uniformly along the landscape strip. Different. special roadway landscaping/buffering requirements apply to projects within areas covered by adopted corridor plans such as the Wabasso and SR 60 corridor plans trees planted adjacent to a rit-of-way shall be planted in a planting area of at least one hundred (100) square feet with minimum dimensions being at least ten (10) feet in any direction (c) In addition, a hedge, wall, fence or other durable landscape barrier of at least foM three 3 feet in height above the adjacent parking lot grade shall be maintained along the perimeter of such landscaped strip. Use of landscaped berms is encouraged to meet this requirement (d) If such durable barrier is of nonliving material, at each ten (10) feet thereof; one shrub or vine shall be planted abutting such barrier, but need not be spaced ten (10) feet apart. (e) Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. (f) The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving. Necessary access ways from the public right-of-way through all such landscaping areas shall be permitted to service the parking, and such access ways may be subtracted from the lineal dimension used to determine the number of trees required. *Editor's Note: remaining portions of section 926.09 are unchanged. Amend landscaping chapter section 926.10 as follows: (1) General landscaping treatment. All nonvehicular open spaces on any site proposed for development in all zoning districts, except for single family dwellings, shall conform to the minimum landscaping requirements herein provided. Grass, ground cover, shrubs, native plant areas and other landscaping materials shall be used to treat all ground not covered by building, paving or other structures. DECEMBER 16, 1997 -34- ORDINANCE NO. 97- 29 (2) Trees required. Trees shall be planted in the nonvehicular open space to meet the following requirements: (a) Multiple -family residential zoning districts and mobile home residential zoning districts requiring site plan approval: a minimum of one tree per each two thousand (2,000) square feet of nonvehicular open space or fraction thereof, (b) Commercial zoning districts (except "heavy commercial") and medical districts: a minimum of one tree per each three thousand (3,000) square feet of nonvehicular open space or fraction thereof, (c) Heavy commercial, and industrial zoning districts: a minimum of one tree per each four thousand (4,000) square feet of nonvehicular open space or fraction thereof. NMS;9F=W=6 � :..� ..>.:.:;:.;;;::> 10. LANDSCAPING CLEARANCE FROM ELECTRICAL FACILITIES Establish landscaping chapter section 926.09(6); as follows: Landscaping near overhead electrical transmission or distribution lines La) When canopy trees are pmvosed to beplanted within 30' (horizontal distancel of overhead electrical transmission or distribution Imes (not service lined the following; shallapply: 1. A cross-section shall be provided on the landscape plan. depicting the estimated can0 shape and size at maturity in relation to the location of the lowest electrical overhead transmission or distribution wire and the distance from the mature tree canopy edge to the wire. 2. The distance from the estimated mature tree canopy edge to the wire shall be at least 10'. DECEMBER 16, 1997 -35- Pr, ORDINANCE NO. 97- 29 fib) Within a horizontal distance of 30' of an overhead electrical transmission or distribution line (not a service line), in addition to generally prohibited exotic nuisance species the following plant species are prohibited from being used on any landscaping Rian for county approval• Earleaf Acacia, Woman's Tongue Tree Norfolk Island Pine Bischofia, Schefflera. Ear Tree Eucalyptus Non -Native Ficus. Silk Oak Chinese Tallow Tree and Java Plum. Establish landscaping chapter section 926.09(7), as follows: ja Landscaping near utility voles, guy wires, and transformer pads. Tree& shrubs, and vines shall be planted and maintained so as to Provide a clearance of at least S' around utility Poles. guy wires and anchors, and transformer Pads. 11. PERIMETER BUFFER STANDARDS Amend landscaping chapter section 926.08, as follows: (1) A perimeter buffer is a landscaped strip along parcel boundaries that serves as a buffer between incompatible uses and zoning districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. Existing native vegetation and upland native plant communities as described in Chapter 929, Upland Habitat Protection, may be utilized to meet buffer requirements. (2) The width and degree of vegetation required depends on the nature of adjoining thoroughfares and uses. Chapter 915, Planned Development, and Chapter 911, Zoning, of the County Land Development Code, set forth buffer type requirements for adjacent properties, based on land use and zoning districts. (3) Buffer types and opg ue features. There are four (4) buffer types to be utilized in Indian River County. They are, in order of intensity, as follows: Type A buffer, Type B buffer, Type C buffer and Type D buffer. Buffers may require opaque features including three foot and six foot opaaue features. where specified in the land development regulations (4) Required opaque features shall consist of a solid masonry wall or earthen berm unless the Planning and Zoning_ Commission approves a substitute material (such as a completely opaque living landscape barrier) based upon the use and conditions of the project site and adjacent site. Landscaping is required along both sides of a wall unless otherwise approved by the Planning and Zoning Commission. (5) In cases where the abutting*, use/district is separated from the project site by a local road. the buffer We shall be reduced one category We e.g. from Type "A" or Type "B"), but the height of the opaque feature shall remain the same. In cases where the abutting; use(district is separated from the project site by a Thorou are Plan road. the buffer type shall be reduced two category tomes L. a. "A" to "C") but in all cases shall require at least a Type "D" buffer. (Q ftuired 3' and 6' opgque features shall be measured from the finished floor elevation of the proposed structure(s). This requirement can be modified -b_y the Planning and Zoning Commission based upon grade differences and the relationship between the height and mass of the proposed building and its setback from the property line The maximum required height of an opaque feature shall be 8' above the site Vade where the feature is located DECEMBER 16, 1997 -36- ORDINANCE NO. 97-29 U7Z Hedge or shrub material within buffers may be reduced by 50% when a 6' wall or fence is provided within the buffer, if the remaining amount of required shrub material and at least 50% of required understory tree material are planted between the p oiect site perimeter and the wall or fence Alternative planting locations may be approved by the Planning and Zoning Commission The standards for the buffer categories are set forth in the illustrations herein that specify the number of plants required per one hundred (100) lineal feet. To determine the total number of plants required, the linear footage of each side of the property requiring a buffer shall be divided by one hundred (100) and multiplied by the number of plants shown in the illustration. The plants shall be spread in a reasonably even manner along the length of the buffer. Buffer opaque feature options are also illustrated herein and are further defined in Chapter 901, Definitions, of the County Land Development Code. 12. BUFFERS BETWEEN COMMERCIAL & RESIDENTIAL Amend zoning chapter section 911.10(8), as follows: (8) Required buffer yards: Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and Buffering. No parking or loading shall be permitted within buffer yards. When a_loading dock is proposed to serve a use that normally requires_ fr_ gquem dock use (e.g. erogM store department storebig box retain and is to be located adjacent to a residentially designated site and will not be screened from view from an Aacent residential site by an intervening building or structure. an 8' high wall shall be required between the loadina dock and the resideirtial site Wall height shall be measured from the Grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926 08 13. BUFFERS BETWEEN INDUSTRIAL & RESIDENTIAL Amend zoning chapter section 911.11(7), as follows: () Buffer yard requirements. Where a nonresidential use within an industrial district directly abuts a single family or multi -family residential zoning district or use, a landscaped buffer yard meeting the following specifications shall be required along the side and/or rear property lines. DECEMBER 16, 1997 -37- E1Li: P g �� Abutting Use/District Single Family Multi -Family District Buffer Type Buffer Type PRO C - 6 ft. Opaque D - 3 ft. Opaque OCR C - 6 ft. Opaque D - 3 ft. Opaque NIED C - 6 ft. Opaque D - 3 ft. Opaque CN B - 6 ft. Opaque C - 6 ft. Opaque CL B - 6 ft. Opaque C - 6 ft. Opaque CG B - 6 ft. Opaque C - 6 ft. Opaque CH B - 6 ft. Opaque B - 6 ft. Opaque Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and Buffering. No parking or loading shall be permitted within buffer yards. When a_loading dock is proposed to serve a use that normally requires_ fr_ gquem dock use (e.g. erogM store department storebig box retain and is to be located adjacent to a residentially designated site and will not be screened from view from an Aacent residential site by an intervening building or structure. an 8' high wall shall be required between the loadina dock and the resideirtial site Wall height shall be measured from the Grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926 08 13. BUFFERS BETWEEN INDUSTRIAL & RESIDENTIAL Amend zoning chapter section 911.11(7), as follows: () Buffer yard requirements. Where a nonresidential use within an industrial district directly abuts a single family or multi -family residential zoning district or use, a landscaped buffer yard meeting the following specifications shall be required along the side and/or rear property lines. DECEMBER 16, 1997 -37- E1Li: P g �� Fr, Boa 1.1 IJJ 4 ORDINANCE NO. 97- 29 District Single Family Zoning Multi -Family Zoning II, Type A 6 & Opaque Feature Type A 6 R Opaque Feature IG Type A 6 & Opaque Feature Type A 6 & Opaque Feature The buffer yards shall be at right angles to the lot line. All screening requirements shall meet the standards established in Chapter 926, Landscaping and Buffering. No off-street parldng or loading area shall be permitted within the buffer yard. When a loading dock is proposed to serve a use rewiring frequent dock use Le.g. grocery store department store), and is to be located adjacent to a residentially designated site, and will not be screened from view from an adjacent residential site by an intervening building or structure, an W high wall shall be req 'cared between the loading dock and the residential site Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock Plantings along the wall are required in accordance with the standards of landscape section 926.08. 14. 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 which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 1S. 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. 16. 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. 17. 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 1997. 16 day of December This ordinance was advertised in the Vero Beach Press -Journal on the 22 day of November 1997, and on the _g_ day of nPr,.mhPr 1997, for public hearings to be heldon the 1 day of December , 1997, and on the 16 day of December 1997 at which time at the final hearing it was moved for adoption by Commissioner Ti ppi n , seconded by Commissioner Macht and adopted by the following vote; DECEMBER 16, 1997 -38- ORDINANCE NO. 97- 29 Chairman Carolyn K. Eggert dye Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Absent Commissioner Caroline D. Ginn Nay Commissioner Kenneth R. Macht Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By n - Carolyn K. Lyggert, C ATTEST BY: K. B,arto Jerk b e I V 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 William G. Collins Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICM Community Developmen Direct Coding: Words in lte»it type are deletions from existing law. Words underlined are additions. 14 DECEMBER 16, 1997 -39- e;a1K 11.A. JUDAH PROPERTY LAAC SITE — PURCHASE The Board reviewed a Memorandum of November 14, 1997: TO: FROM: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: i A Robert 1vf. Keating, AICP Community Development Director DATE: November 14, 1997 Roland M. DeBlois, CP Chiely Environmental Planning SUBJECT: REQUEST FOR BOARD APPROVAL TO PURCHASE THE JUDAH PROPERTY LAAC SITE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 16, 1997. SUMMARY Staff recommends that the Board of County Commissioners purchase (with bond funds) the Judah property LAAC site. The proposed purchase contract (already executed by the seller) is summarized as follows: Purchaser. Indian River County Board of County Commissioners Seller. Viola Judah Cost -Share: N/A Total Price: $7,440 (assessed value) County Bonds Expenditure: ±$7,440 (appmximate, not including closing cost. as applicable) Acreage: ± 0.17 acres LAAC Recommendation• The Land Acquisition Advisory Committee (LAAC), at its meeting on November 19. 1997. voted unanimously to recommend that the Board purchase the subject Judah property at the tax assessed value of $7,440. Principal Conditions: Closing subject to County Commission approval. will be managed as part of the overall wetlands on the Oslo Riverfmnt Conservation Area property, in coordination with the Indian River Mosquito Control District DESCRIPTION AND CONDITIONS The Judah property is currently ranked 19th out of 19 projects on the LAAC site acquisition list. As directed by LAAC, staff has negotiated a purchase contract for the County to buy the Judah property at the tax assessed value. Attached is a copy of the contract, signed by Ms. Judah. LAAC, at its meeting of November 19, 1997, reviewed the purchase contract and recommended unanimously that the Board of County Commissioners approve the purchase and authorize staff to close on the property. Procedures adopted by the Board of County Commissioners for environmental land acquisition include confidentiality of appraisals. However, the owner has agreed to sell the property at the tax assessed value, and therefore no appraisals were obtained for the subject property. DECEMBER 16, 1997 -40- 1 P GE Z When a county obtains appraisals and exercises its confidentiality right in purchasing real property, Section 125.355 ofthe Florida Statutes applies, which requires that the county approve the purchase at a public meeting not less than 30 days after appraisals are released and public notice of the meeting is given. In this case, since no appraisals were obtained and no confidentiality came into play, the provisions of Chapter 125, F.S., do not apply. Therefore, approval of the purchase at a public meeting is sufficient, without need for a formal public hearing with 30 days advanced public notice. Site Characteristics The subject Judah property is located north of Oslo Road's terminus at the Indian River Lagoon. The 0.17 acre Judah property consists of estuarine wetlands surrounded by publicly owned lands. The Judah property is north of and adjacent to the Oslo Road boat ramp. The subject property is zoned Con -2, Conservation, 1 unit per 40 acres. However, because the property is a non -conforming parcel of record, the small size of the property is not affected by the low 1 unit per 40 acre density. As such, if the property is not publicly acquired, the owner could apply for permits for some level of development (such as a dwelling). • Property Management The subject Judah property is adjacent to the Oslo Riverfront Conservation Area, which is already under public management by the County and the Indian River Mosquito Control District (1RMCD) County. Acquisition of the Judah property will not add to management costs, but will allow the property to be incorporated into the public lands already under management. •Contract The attached purchase contract is a standard contract used by the County for purchases of this scale. ANALYSIS Purchase of the Judah property will round -out the public ownership along the Indian River Lagoon north of Oslo Road. The purchase will eliminate an ownership anomaly and will allow for uniform management of wetland resources in the area. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the purchase contract and authorize staff to take the necessary actions to close on the subject Judah property. Commissioner Macht felt the purchase is a matter of justice as the County has hemmed the owner in, making the property useless. He also noted the purchase price is the assessed value. ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippm, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the purchase contract with Viola Judah and authorized staff to take the necessary actions to close on the subject Judah property, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.C. BID #8022- U.S.#1 WATER MAIN EXTENSION - ALL DECEMBER 16, 1997 -41- ,'� P lj v' �O0K -10 'FA H.C. BID #8022- U.S.#1 WATER MAIN EXTENSION - ALL AMERICAN CONCRETE The Board reviewed a Memorandum of November 24, 1997: DATE: November 24, 1997 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H. T. "Sonny" Dean, Director, General Services FROM: Alin Fran Boynton Powell, Purchasing Mang SUBJECT: Award Bid #8022/U.S. #1 Water Main Extension Utilities Department BACKGROUND INFORMATION: Bid Opening Date: October 29, 1997 Advertising Dates: Sept 25, Oct 2, 9, 1997 Advertisement Mailed to: Thirty Eight (38) Vendors Replies: Ten (10) Vendors TOTAL AMOUNT OF BID $162,665.00 ESTIMATED BUDGET: $200,068.00 S OURCE OF FUNDS Utilities Department Assesment Funds 4734000-169-315-00 RECONDAENDATION Staff recommends that the bid be awarded to All American Concrete as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. (See attached memo) In addition, staff requests Board approval of the attached Agreement as to form, after all requirements are met and approved by the County Attorney. DECEMBER 16, 1997 -42- ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously awarded Bid #8022 to All American Concrete, as recommended by staff. Oke BID DOCUMENTS VdbhffBE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G. 58TH AVENUE RIGHT-OF-WAY ACQUISITION - SE CORNER OF SR -60 AND 58TH AVENUE INTERSECTION - SOUTHERN DEVELOPMENT SERVICES (JIM ZENGAGE) The Board reviewed a Memorandum of December 9, 1997: TO: James E. Chandler, County Administrator FROM: James W. Davis, Public Works Director' J SUBJECT: 58"' Avenue Right -of -Way Acquisition at SE Comer of SR60/58th Avenue Intersection REF. LETTER: Drake M. Batchelder to Terry O'Brien dated Dec. 5, 1997 DATE: December 9, 1997 DESCRIPTION AND CONDITIONS Approximately 4,528 square feet of additional right-of-way is needed along 600 lineal feet of the east side of Kings Highway just south of SR60. The 3.64 acre parent tract is currently being sold to Jim Zengage, Southern Development Services, for $13.56 per square foot, which includes closing costs and lease buy outs. The cost of the right-of-way land, therefore, is $61,399.58. In addition, the property owner is requesting compensation for the following: Additional Engineering Services $ 960 Legal Fees $ 731 Plat, Survey, Legal Descriptions $ 800 Relocation of eight concrete columns $ 1,600 Removal of pavement in right-of-way area $ 4,000 Relocation of water meter $ 500 Relocation of backflow preventer 1,900 Subtotal $10,491 DECEMBER 16, 1997 -43- [�,n� �3�f 1 S i BOX �A�f Staff agrees that the above existing improvements, which are in the proposed right-of-way parcel, should be relocated at the County's cost. If existing Laurel Oaks are removed by the County, the County is requested to replaced them with 3-24' high East Palatka Holly trees. The total cost of the right-of-way acquisition is therefore $71,890.58 plus possibly the cost of three holly trees. ALTERNATIVES AND ANALYSIS The right-of-way parcel is needed to provide a future northbound right tum lane at SR60/58th Avenue and sidewalk. The alternatives are as follows: Alternative No. 1 Approve the right-of-way acquisition at a cost of $71,890.58 plus possibly the cost of three Holly trees. Funding to be from 10 Local Option Sales Tax. Alternative No.2 Deny the right-of-way acquisition. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1. ON MOTION by Commissioner Grin, SECONDED by Commissioner Macht, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the right-of-way acquisition from Southern Development Services (Jim Zengage) at a cost of $71,890.58 plus possibly the cost of three Holly trees, with funding from the 1¢ Local Option Sales Tax, as recommended by staff. DOCUMENTS WILL BE ON FILE IN THE --�.OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.H.1. LAKE DELORES(PARK PLACE) MOBILE HOME PARK - NELSON HYATT Deleted. DECEMBER 16, 1997 -44- r AN in 11.H.2. SEBASTIAN WATER EXPANSION - PHASE I FINAL PAY REQUEST - MASTELLER AND MOLER, INC The Board reviewed a Memorandum of December 4, 1997: DATE: DECEMBER 4, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. INTERIM DIRECTOR OF UTILITY SERVICE PREPARED MICHAEL C. HOTCHKISS, P.E. 20 AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SEBASTIAN WATER EXPANSION -PHASE 1 FINAL PAY REQUEST TO ENGINEERING CONSULTANT INDIAN RIVER COUNTY PROJECT NO. UW -95 -28 -DS WIP NO. 475-000-169-285.00 BID NO. 6089 BACKGROUND On November 21, 1995, the Board of County Commissioners (BCC) approved Masteller and Moler, Inc. proceeding with survey, design, permitting, inspection and preparing the assessment roll for the above -referenced project (see attached agenda item and minutes). The total amount of the contract approved for consulting services was $276,900.00. The project is now complete and the Department of Environmental Protection has issued clearance to begin connecting customers. The Department of Utility Services is now prepared to make final payment to the consultant for inspection services awarded in the contract. This will allow the project to be closed and determination of the final assessment. ANALYSIS The consultant has been paid previous draws in the amount of $271,510.00 for 98% of the project. Utilities staff is now prepared to make final payment in the amount of $420.00 for inspection fees (see attached pay requests). This will adjust the contract to $271,930.00, resulting in a $4,970.00 reduction. It should also be noted that the consultant was previously paid $5,355.00 for liquidated damages due delays in the contract. This amount was deducted from the construction contract. Therefore, the total amount to be paid to the consultant for this project is $277,285.00. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve final payment in the amount of $420.00 to Masteller and Moler, Inc. and authorize the Chairman to execute same, as presented. DECEMBER 16, 1997 -45- ( 'Jr' a F"gc'E ' F-m'c 736 ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Macht being absent) unanimously approved the final payment to Masteller and Moler, Inc., as recommended by staff. 13.E. COMMENTS REGARDING LIST OF WARRANTS Commissioner Macht commented regarding the lists of warrants. Frequently there are items relating to payments to law firms that the County is directed to pay via Court system. He felt these payments are very often excessive and unreasonable and would like to see these listed separately so they can be easily noted. County Attorney Vitunac commented that his office is fighting these fees constantly to some effect, winning some and losing some. CONSENSUS was reached to direct staff to list separately any court directed fees paid. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that, immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:30 a.m. ATTEST: J. K. Barton, Clerk Carolyn Td Eggert, Cygman Minutes Approved: - a 3 -14 7 DECEMBER 16, 1997 -46- I