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HomeMy WebLinkAbout2/17/1998MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, FEBRUARY 17,1998 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS John W. Tippin, Chairman (District 4) Kenneth R Macht, Vice Chairman (District 3) Fran B. Adams (District 1) Carolyn K. Eggert (District 2) Caroline D. Ginn (District 5) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 aBACKUP PAGES 1. CALL TO ORDER PAGES 2. I WOCATION Rev. Mike Oliver United Methodist 3. PLEDGE OF ALLEGIANCE - James E. Chandler 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS DELETE 11F ADD B.C. Request to add City of Sebastian as a Permanent Voting Member on Treasure Coast Regional Planning Council ADD I I.G.2. A budget amendment to the recommendation/motion. 14.A. Emergency Services District -Purchase of North Barrier Island Parcel for Emergency Services Station - Lier 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation Designating the Dodgers 1998 Spring Training Season from Feb. 27 to March 25, 1998 as We Love "Our Dodgers" Season 1 6. APPROVAL OF MINUTES Regular Meeting of January 27, 1998 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Fellsmere Water Control District Financial Audit & Financial Report for the Year Ended September 30, 1997 B. Approval of Warrants (memorandum dated February 5, 1998) 2-11 C. Payments to Vendors of Court Related Costs (memorandum dated February 6, 1998) 12 D. Indian River Club Ltd.'s Request for Final Plat Approval for Indian River Club Plat 6 (memorandum dated February 11, 1998) stg 13-24 7. 8. 9:05 A.M. 9. 10. 11. CONSENT AGENDA (cont'd.): fi oR iukl FS,U-E'374 BACKUP PAGES E. Section 8 Annual Contributions Contract (ACC) (memorandum dated February 10, 1998) 25-36 F. Costs for County Tax Deed Application (memorandum dated Februray 10, 1998) CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Sheriff Gary Wheeler: Request to Purchase 21 Automatic External Defibrillators from Matching Grant Funds (memorandum dated February 11, 1998) PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS Request from Bob Crawford, Commissioner of Agriculture for Board to Sponsor a Resolution in Support of Prescribed Burning (letter dated January 26, 1998) C. PUBLIC NOTICE ITEMS None COUNTY ADMINISTRATOR'S MATTERS None DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services Purchase of Property for Emergency Services Station - North Barrier Island (memorandum dated February 10, 1998) C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel Opt -Out Provisions to Exempt Health Insurance Portability & Accountability Act (HIPAA) (memorandum dated February 6, 1998) 37-38 39-55 56-58 59-64 65-67 ■I 11. DEPARTMENTAL MATTERS (cont'd): BACKUP G. Public Works PAGES 1. Naming New Gifford Park Junior League Baseball Field "The Jackie Robinson Memorial Field" (memorandum dated February 10, 1998) 68-70 2. Repair to County Dock at 45th St. East Terminus -West Shore of Indian River (memorandum dated February 10, 1998) 71-73 3. 58th Ave. Right -of -Way Acquisition 58th Ave. Improvements/Oslo Road to 26th St., Parcel #115W, Robert H. Rollins (memorandum dated February 11, 1998) 74-78 4. As -Built Resolution & Assessment Roll for Paving & Drainage Improvements to 9th Pl. & 21 st Ave. in Block Villa S/D (memorandum dated February 6, 1998) 79-90 H. Utilities 1. Request for Reduced Capacity Charges / Nat'l. Housing Corp. / River Park Place (memorandum dated February 11, 1998) 91-100 2. Vero Beach Disney Resort - Water and Wastewater Plant Surcharge Payment (memorandum dated February 9, 1998) 101-103 12. COUNTY ATTORNEY None 13. COAEMSSIONERS ITEMS A. Chairman John W. Tipp B. Vice Chairman Kenneth R. Macht After the Fact Permit Fees (memorandum dated February 4, 1998) 104 C. Commissioner Fran B. Adams D. Commissioner Carolyn K. Eggert E. Commissioner Caroline D. Ginn FF i L 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT BACKUP bOOK JW F',Mj'L, 7 PAGES Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening A 0 INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF FEBRUARY 17, 1998 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITION/DELETION TO THE AGENDA .......................... 1 5. PROCLAMATION - DESIGNATING THE DODGERS 1998 SPRING TRAINING SEASON AS WE LOVE "OUR DODGERS" SEASON .............................................................. 2 6. APPROVAL OF MINUTES ........................................ 3 7. CONSENT AGENDA ............................................ 3 7.A. Reports .................................................. 3 7.13. Approval of Warrants ....................................... 3 7.C. Payments to Vendors of Court -Related Costs .................... 11 7.D. Indian River Club Plat 6 - Final Plat Approval Requested by Indian River ClubLtd ................................................. 12 7.E. Section 8 Annual Contributions Contract (ACC) .................. 14 71. Costs for County Tax Deed Application ........................ 15 8. SHERIFF WHEELER - REQUEST TO PURCHASE 21 AUTOMATIC EXTERNAL DEFIBRILLATORS FROM MATCHING GRANT FUNDS ... 16 9.13. PRESCRIBED BURNING - RESOLUTION IN SUPPORT REQUESTED BY BOB CRAWFORD, COMMISSIONER, FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES ......................... 19 I I.B. CONTRACT FOR PURCHASE OF NORTH BARRIER ISLAND PARCEL FOR EMERGENCY SERVICES STATION - LIER ......................... 23 1 LF. OPT -OUT PROVISIONS TO EXEMPT HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT ................................... 24 11.G.1. GIFFORD PARK JUNIOR LEAGUE BASEBALL PARK NAMED THE JACKIE ROBINSON MEMORIAL FIELD ........................... 24 11.G.2. COUNTY DOCK REPAIR - 45TH STREET EAST TERMINUS - WEST SHORE OF INDIAN RIVER - BUDGET AMENDMENT 010 ............ 25 l l.G.3. 58TH AVENUE IMPROVEMENT - RIGHT-OF-WAY ACQUISITION (OSLO ROAD TO 26TH STREET) - PARCEL NO. 115W, ROBERT H. ROLLINS..................................................... 27 booK �e ri�;Elr s 11.G.4. AS -BUILT RESOLUTION & ASSESSMENT ROLL - PAVING AND DRAINAGE IMPROVEMENTS TO 9TH PLACE & 21ST AVENUE IN BLOCK VILLA SUBDIVISION .......................................... 29 11.H.1. REQUEST FOR REDUCED CAPACITY CHARGES -NATIONAL HOUSING CORPORATION - RIVER PARK PLACE .................. 41 11.H.2. VERO BEACH DISNEY RESORT - WATER AND WASTEWATER PLANT SURCHARGE PAYMENT ................................. 46 13.B. AFTER -THE -FACT- PERMIT PENALTY FEES ...................... 49 13.C. TREASURE COAST REGIONAL PLANNING COUNCIL - CITY OF SEBASTIAN.................................................. 51 14.A. EMERGENCY SERVICES DISTRICT .............................. 53 February 17, 1998 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, February 17, 1998. Present were Vice Chairman Kenneth R Macht; Fran B. Adams; Carolyn K. Eggert and Caroline D. Ginn. Chairman John W. Tippin was absent due to illness. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER Vice Chairman Macht called the meeting to order at 9:00 a.m. and advised that Chairman Tippin was sick. 2. 11WOCATION Reverend Mike Oliver of United Methodist Church delivered the invocation. 3. PLEDGE OF ALLEGIANCE Administrator Chandler led the Pledge to the Flag. 4. ADDITION/DELETION TO THE AGENDA Administrator Chandler advised that 11.F., Opt -Out Provisions to Exempt Health Insurance Portability & Accountability Act, was to be deleted. Executive Aide to the Board Alice White advised that a discussion concerning the Sebastian Seat on Treasure Coast Regional Planning Council was to be added as 13.C. Administrator Chandler explained that the motion for item 11.G.2. should include a budget amendment. February 17, 1998 1 EOE' Ju ��° � 9 ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Eggert, the Board unanimously (4-0, Chairman Tippin absent) added and deleted the above items. (Clerk's Note: Later in the Meeting, concerning item 11.B., County Attorney Vitunac counseled the Board to have a brief Emergency Services District meeting to confirm their actions as the Board of County Commissioners. For record-keeping purposes, the Emergency Services District item has been added as 14.B.) 5. PROCLAMATION - DESIGNATING DODGERS 1998 SPRING TRAINING SEASON AS WE LOVE "OUR DODGERS" SEASON The Vice Chairman read the following and presented it to Craig Callan representing the Dodger organization. PROCLAMATION WHEREAS, the Les Aagd- Dodgers ane celebrating their Goldw Anniversary at Dodgertown in Indian River County this Spring Season of I M; and WHEREAS, ladimRivarCouatytalcesgcmtpddeiahavingdteDodgerOrganmtlon and their spring Training Facility, Dodgertowu, as part of its community from 1948 to 1998; and WHEREAS, it is recognized that Dodgertown is the finest training facility in professional Sports in the world; and WHEREAS, the Dodger Organization has made nwamous contributiom to the well-being of huiian River County residents and suppornd its charities regularly dnoogbout the years: NOW, THEREFORE, BE IT PROCLAUdED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Dodgers 1998 Spring Training Season Som February 27, 1999 to March 25, 1999 be designated as We Love "Our Dodgers" Seam is Indian Riva County, and the Board ftrther proclaims that 1. hrdim Riva County loves "our Dodgers"; and 2. . Indian Riva County encmuages all of its residents to support "our Dodgers" for the 1998 Spring Baseball Season; and 3. Indian River County invites all of its residents to attend a lift-off to the 1998 Professional Baseball Season at the CIty of Vero Beach Municipal Airport at 4:00 p.m. on March 2S. 1998; and 4. Indian Riva Cotnly mcomages all of its residents to actively support "our Dodgers" and all the activities planned to celebrate the "Golden Anniversary" ofthe Dodgers in Vero Beech and Ndian River County. Dated this 17 day of February,1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA I Craig Callan accepted the proclamation with thanks and great pride. He hoped to see everyone out for the game on February 27. February 17,1998 2 go 40 i 6. APPROVAL OF MINUTES Vice Chairman Macht asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 27, 1998. There were none. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Chairman Tippin absent) approved the Minutes of the Regular Meeting of January 27, 1998, as written and distributed. 7. CONSENT AGENDA 7.A. Reports The following reports have been received and placed on file in the office of the Clerk to the Board: Fellsmere Water Control District Financial Audit & Financial Report for the FY ended 9/30/97 7.B. Approval of Warrants The Board reviewed a Memorandum of February 5, 1998: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: FEBRUARY 5, 1998 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 February 2 to February 5,1998. February 17, 1998 3 CHECK NUMBER 0019133 0019134 0019135 0019136 0019137 0019138 0019139 0019140 0019141 0019142 0019143 0019144 0019145 0019146 0019147 0019148 0019149 0019150 0019151 0019152 0019153 0019154 0019155 0019156 0019157 0019158 0019159 0019160 0019161 0019162 0019163 0236353 0236689 0236690 0236691 0236692 0236693 0236694 0236695 0236696 0236697 0236698 0236699 0236700 0236701 0236702 0236703 0236704 0236705 0236706 0236707 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) approved the list of warrants issued by the Clerk to the Board for the period February 2 to 5, 1998, as requested. NAME CHECK CHECK DATE AMOUNT WEAVER, R C MOEN, LISA M LUBBERTS, DANIEL K KERN, JENNIFER E FT PIERCE, CITY OF INDIAN RIVER COUNTY BOARD OF TEAMSTERS LOCAL UNION NO 769 CARLSON, WILLIAM P & LINDA C INDIAN RIVER COUNTY TRANS GENERAL LIFE INSURANCE IRC EMPLOYEE HEALTH INSURANCE- AETNA LIFE INSURANCE AND FLORIDA RETIREMENT SYSTEM PROFESSIONAL TITLE OF KRUCZKIEWICZ, LORIANE BREVARD COUNTY CLERK OF THE ORANGE COUNTY CLERK OF THE ST LUCIE COUNTY CLERK OF THE VELASQUEZ, MERIDA INDIAN RIVER COUNTY CLERK OF INTERNAL REVENUE SERVICE INTERNAL REVENUE SERVICE VERO BEACH FIREFIGHTERS ASSOC. INDIAN RIVER FEDERAL CREDIT COLONIAL LIFE & ACCIDENT NACO/SOUTHEAST KEY TRUST COMPANY JACKSON COUNTY CLERK OF THE DOUGLAS COUNTY CLERK OF COURT GENESEE COUNTY FRIEND OF THE AMERICAN FAMILY LIFE ASSURANCE SANFORD HOUSING AUTHORITY A A FIRE EQUIPMENT, INC AMERICAN WATER WORKS ACTION TRANSMISSION AND AERO PRODUCTS CORPORATION AMERICAN BUSINESS INTERIORS ACTION ANSWERING SERVICE ATLANTIC REPORTING AQUAGENIX LAND -WATER AL'S WINSHIELD & VINYL RP ALL FLORIDA BEVERAGE & OFFICE A A ELECTRIC, INC AMERICAN SOCIETY OF CIVIL APCO INTERNATIONAL ADAMS, FRAN B A T & T AMERICAN WELDING SOCIETY ATLANTIC COASTAL TITLE CORP ALL COUNTY EQUIPMENT COMPANY ARDEN & FELTEN INSURANCE February 17, 1998 0 2/02/98 2/02/98 2/02/98 2/02/98 2/02/98 2/02/98 2/02/98 2/03/98 2/03/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 2/04/98 1/23/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 2/05/98 300.00 300.00 300.00 300.00 585.00 1,156.00 3,656.85 755.00 23,400.00 3,238.80 6,575.00 934.11 354,419.92 15,000.00 138.50 422.04 135.20 350.50 200.00 3,428.08 395.00 100.00 1,944.00 88,648.37 257.69 4,017.26 868.81 124.80 23.08 163.60 230.96 .00 115.50 100.00 595.50 777.77 922.97 396.03 685.95 105.00 35.00 59.90 163.02 155.00 31.00 63.50 17.44 325.44 328.00 1,158.27 1,700.00 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0236708 AUTO PARTS OF VERO, INC 2/05/98 522.23 0236709 AMERICAN REPORTING 2/05/98 202.00 0236710 APPOLO 2/05/98 35.00 0236711 BOARD OF COUNTY COMMISSIONERS 2/05/98 3,873.45 0236712 BENSONS LOCK SERVICE 2/05/98 195.00 0236713 BREVARD RENTALS, INC 2/05/98 255.13 0236714 BUREAU OF ECONOMIC & BUSINESS 2/05/98 40.46 0236715 BELLSOUTH MOBILITY 2/05/98 97.81 0236716 BARTON, JEFFREY K -CLERK 2/05/98 6,855.50 0236717 BERGGREN EQUIPMENT CO, INC 2/05/98 2,977.66 0236718 BRAD SMITH ASSOCIATES, INC 2/05/98 9,466.97 0236719 BRODART CO 2/05/98 413.92 0236720 BOOKS IN MOTION 2/05/98 5.00 0236721 BLAIS ELECTRIC, INC 2/05/98 420.80 0236722 BIGGINS, SEAN ESQ 2/05/98 2,522.00 0236723 BOOKMEN, INC, THE 2/05/98 144.25 0236724 BE SAFE SECURITY ALARMS, INC 2/05/98 2,886.50 0236725 BELLSOUTH COMMUNICATION 2/05/98 549.00 0236726 BLAKESLEE MAINTENANCE 2/05/98 200.00 0236727 BOOKS ON TAPE INC 2/05/98 5.00 0236728 BAKER & TAYLOR ENTERTAINMENT 2/05/98 69.97 0236729 BELLSOUTH 2/05/98 1,213.92 0236730 B P R 2/05/98 1,870.00 0236731 BLUE CROSS/BLUE SHIELD OF 2/05/98 17,182.00 0236732 BULL'S EYE NEWS 2/05/98 24.00 0236733 BLACKSTONE AUDIOBOOKS 2/05/98 60.16 0236734 BASE CAMP OUTLET 2/05/98 99.90 0236735 BAKER & TAYLOR INC 2/05/98 3,860.90 0236736 BMG 2/05/98 36.54 0236737 BRUCE, KELLY 2/05/98 29.62 0236738 BEAM, BETTY 2/05/98 41.20 0236739 BETTER BOOKS COMPANY 2/05/98 105.60 0236740 BUREAU OF FLORIDA MARINE 2/05/98 1,150.50 0236741 BELLSOUTH 2/05/98 38.45 0236742 BROWN & CALDWELL 2/05/98 8,035.98 0236743 CAMERON & BARKLEY COMPANY 2/05/98 775.38 0236744 CAMP, DRESSER & MCKEE, INC 2/05/98 17,000.00 0236745 CENTRAL AUDIO & VISUAL, INC 2/05/98 284.00 0236746 COASTAL GRAPHICS 2/05/98 1,176.00 0236747 COMMUNICATIONS INT'L INC 2/05/98 642.04 0236748 CONSOLIDATED ELECTRIC SUPPLY 2/05/98 31.89 0236749 CORBIN, SHIRLEY E 2/05/98 294.00 0236750 CLEARFIELD COMPANY, INC 2/05/98 19.70 0236751 CHUCK'S NEWS STAND 2/05/98 273.75 0236752 COASTAL REFINING & MARKETING 2/05/98 5,931.19 0236753 CLINIC PHARMACY 2/05/98 242.25 0236754 COMPUTER & PERIPHERIAL 2/05/98 100.00 0236755 CUSTOM CARRIAGES, INC 2/05/98 162.86 0236756 CHIVERS NORTH AMERICA 2/05/98 87.78 0236757 CONTROL CENTER, INC 2/05/98 164.48 0236758 CABLES AMERICA 2/05/98 42.99 0236759 CAVENAUGH PLUMBING CO 2/05/98 1,817.66 0236760 C-4 IMAGING SYSTEMS INC 2/05/98 21.51 0236761 CLIFFORD, MIKE 2/05/98 100.00 0236762 CENTRAL PUMP & SUPPLY INC 2/05/98 131.33 0236763 CAMPBELL, STEPHANIE 2/05/98 66.95 0236764 CENTER FOR EMOTIONAL AND 2/05/98 28.50 0236765 COURT REPORTERS INC 2/05/98 49.00 0236766 COLUMBIA HOUSE 2/05/98 28.08 0236767 CARTER, KELLY 2/05/98 182.83 0236768 COMMUNITY QUICK MEDICAL CLINIC 2/05/98 1,950.00 February 17, 1998 5 • �- F!�f:'�� ��1GC 3'32 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0236769 CUMMINS, CHERYL 2/05/98 24.00 0236770 C C LYNCH & ASSOCIATES INC 2/05/98 117.16 0236771 CLARK, ROUMELIS & ASSOCIATES 2/05/98 4,341.63 0236772 CENTRAL A/C & REFRIG SUPPLY, 2/05/98 326.67 0236773 DAILY COURIER SERVICE 2/05/98 667.50 0236774 DEEP SIX DIVE SHOP, INC 2/05/98 20.00 0236775 DELTA SUPPLY CO 2/05/98 1,247.21 0236776 DEMCO INC 2/05/98 264.88 0236777 FLORIDA DEPARTMENT OF BUSINESS 2/05/98 165.64 0236778 DATA SUPPLIES, INC 2/05/98 1,563.78 0236779 DUAL DOLPHIN PUBLISHING INC 2/05/98 20.25 0236780 DOLMAN TECHNOLOGIES 2/05/98 13,500.00 0236781 DOUBLETREE GUEST SUITES 2/05/98 170.00 0236782 DADE PAPER COMPANY 2/05/98 259.59 0236783 DEPARTMENT OF ENVIRONMENTAL 2/05/98 50.00 0236784 DOWNTOWN PRODUCE INC 2/05/98 156.95 0236785 DILLARD, CASSIE 2/05/98 36.05 0236786 DAMES & MOORE 2/05/98 446.93 0236787 DEPARTMENT OF COMMUNITY AFFAIR 2/05/98 175.00 0236788 ENVIROMETRICS, INC 2/05/98 2,280.00 0236789 EVANS, FLOYD 2/05/98 125.00 0236790 FATHER & SON CARPET, INC. 2/05/98 835.00 0236791 EMED CO, INC 2/05/98 208.07 0236792 EXCEL COMPUTER COMPANY 2/05/98 2,308.54 0236793 ENGLEHARDT, CHRISSY 2/05/98 18.03 0236794 FEDERAL EXPRESS CORP 2/05/98 15.00 0236795 FINNEY, DONALD G 2/05/98 51.62 0236796 FLORIDA COCA-COLA BOTTLING CO 2/05/98 170.80 0236797 FLORIDA LIBRARY ASSOCIATION 2/05/98 135.00 0236798 F P & L 2/05/98 1,744.43 0236799 FLORIDA TODAY/USA TODAY 2/05/98 54.00 0236800 FRASER ENGINEERING & TESTING 2/05/98 195.00 0236801 FOOT JOY 2/05/98 1,013.74 0236802 FLOWERS BAKING COMPANY OF 2/05/98 85.98 0236803 F W P C 0 A 2/05/98 15.00 0236804 FELLSMERE, CITY OF 2/05/98 102.27 0236805 FALZONE, MATTHEW 2/05/98 20.60 0236806 FENNIMORE, CHARLES 2/05/98 208.00 0236807 FLORIDA HOSPITAL MEDICAL CNTR 2/05/98 10,128.60 0236808 FLORIDA RECORDS MGMT ASSOC 2/05/98 30.00 0236809 FLORIDA EMERGENCY PREPAREDNESS 2/05/98 150.00 0236810 FLORIDA GAME & FISH 2/05/98 14.97 236811 FLORIDA TOURISM ASSOCIATION 2/05/98 333.33 ►236812 FACTS ON FILE 2/05/98 333.75 3236813 FLORIDA HIGHWAY PATROL 2/05/98 25.00 0236814 GATOR LUMBER COMPANY 2/05/98 138.24 0236815 GENE'S AUTO GLASS 2/05/98 380.34 0236816 GLIDDEN COMPANY, THE 2/05/98 150.45 0236817 GOODKNIGHT LAWN EQUIPMENT, INC 2/05/98 270.32 0236818 GOVERNMENT FINANCE 2/05/98 275.00 0236819 GRAYBAR ELECTRIC CO INC 2/05/98 353.42 0236820 GOODYEAR AUTO SERVICE CENTER 2/05/98 3,483.80 0236821 GREENE, ROBERT E 2/05/98 534.60 0236822 GOODYEAR COMMERCIAL TIRE & 2/05/98 4,176.57 0236823 GINN, CAROLINE D 2/05/98 89.60 0236824 GANGER, CHARISE 2/05/98 32.19 0236825 GRILL REFILL, INC 2/05/98 88.00 0236826 GRC INTERNATIONAL, INC 2/05/98 1,200.00 0236827 GERBER, KARL 2/05/98 40.00 0236828 GENE WEAVER & ASSOCIATES 2/05/98 50.00 0236829 HARRIS SANITATION, INC 2/05/98 439.34 February 17, 1998 0 0 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0236830 HARRISON UNIFORMS 2/05/98 71.15 0236831 HILL MANUFACTURING 2/05/98 897.58 0236832 HUDSON PUMP 2/05/98 399.23 0236833 FLORIDA DEPARTMENT OF HEALTH 2/05/98 15.00 0236834 HELD, PATRICIA BARGO 2/05/98 77.00 0236835 HUMANE SOCIETY OF UNITED 2/05/98 90.00 0236836 HARTSFIELD, CELESTE L 2/05/98 101.50 0236837 HATFIELD, ERIC 2/05/98 135.38 0236838 HEWITT CONTRACTING CO INC 2/05/98 152,631.57 0236839 INDIAN RIVER COUNTY 2/05/98 25.00 0236840 INDIAN RIVER BATTERY, INC 2/05/98 562.40 0236841 INDIAN RIVER BLUE PRINT, INC 2/05/98 387.01 0236842 INDIAN RIVER COUNTY UTILITY 2/05/98 2,318.01 0236843 INDIAN RIVER FARMS WATER 2/05/98 929.50 0236844 INGRAM 2/05/98 1,597.82 0236845 IRVINE MECHANICAL, INC 2/05/98 583.17 0236846 IMPACT INSTRUMENTATION, INC 2/05/98 384.00 0236847 ISADORA FASHIONS, INC 2/05/98 479.00 0236848 IRC EMPLOYEE HEALTH INSURANCE- 2/05/98 206,437.93 0236849 HOMELAND IRRIGATION CENTER 2/05/98 75.13 0236850 JAMES PUBLISHING, INC 2/05/98 97.94 0236851 JANET'S AUTO TRIM & GLASS 2/05/98 825.00 0236852 JUDGE, JAMES A II 2/05/98 22.73 0236853 J R REPORTING ASSOCIATES, INC 2/05/98 442.50 0236854 JAMAR TECHNOLOGIES, INC. 2/05/98 14.16 0236855 JAMES SMALLEY UTILITY BLD 2/05/98 900.00 0236856 JOHN DEERE CO 2/05/98 18,776.88 0236857 JOHNSON CONTROLS INC 2/05/98 217.69 0236858 JARA, INC 2/05/98 280.00 0236859 JONES CHEMICALS, INC 2/05/98 3,395.66 0236860 KARSTEN MANUFACTURING CORP 2/05/98 206.68 0236861 KEATING, ROBERT M 2/05/98 66.00 0236862 KIMLEY-HORN & ASSOCIATES, INC 2/05/98 744.75 0236863 K & S RIP RAP SERVICES 2/05/98 500.00 0236864 KRUPP, JOHN P 2/05/98 181.20 0236865 KANO LABORATORIES, INC 2/05/98 85.73 0236866 KEY, PATRICIA W 2/05/98 157.50 0236867 KIRBY AUTO SUPPLY 2/05/98 1,598.49 0236868 KT MOWER & EQUIPMENT 2/05/98 477.33 0236869 KAPLAN, KAREN DC PA 2/05/98 265.00 0236870 KOMARNICKI, WALTER 2/05/98 117.00 0236871 KEEP INDIAN RIVER BEAUTIFUL 2/05/98 1,041.66 0236872 KALAPA RECORDING 2/05/98 189.00 0236873 KIBBEY, RICHARD D ESQUIRE 2/05/98 12,094.50 0236874 LOS ANGELES DODGERS, INC 2/05/98 24.90 0236875 LAB SAFETY SUPPLY, INC 2/05/98 208.94 0236876 LOWE'S HOME CENTERS, INC 2/05/98 811.63 0236877 LIGHT SOURCE BUSINESS SYSTEMS 2/05/98 559.40 0236878 LFI VERO BEACH, INC 2/05/98 1,249.84 0236879 LESCO, INC 2/05/98 240.88 0236880 LOWE'S HOME CENTERS, INC 2/05/98 16.03 0236881 LEADERSHIP DIRECTORIES 2/05/98 265.00 0236882 MACMILLAN OIL COMPANY 2/05/98 180.30 0236883 MAXWELL PLUMBING, INC 2/05/98 145.17 0236884 MCCOLLUM, NATHAN 2/05/98 24.78 0236885 MCDONOUGH, WAYNE R ESQ 2/05/98 914.00 0236886 MID COAST TIRE SERVICE, INC 2/05/98 34.95 0236887 MITCO WATER LAB, INC 2/05/98 167.84 0236888 MAIN PAINT & SUPPLY 2/05/98 17.95 0236889 MCMASTER-CARR SUPPLY COMPANY 2/05/98 383.77 0236890 MERCK SHARP & DOHME 2/05/98 239.17 February 17, 1998 7 �j y t s. t:�.�f• o 1 err WOK si f�r CHECK NAME CHECK CHECK DATE AMOUNT NUMBER 0236891 MCDADE WATERWORKS, INC 2/05/98 1,398.00 0236892 MARC OF QUALITY 2/05/98 99.00 0236893 MOTYKA, EDWIN J 2/05/98 50.00 0236894 MIDWEST TAPE EXCHANGE 2/05/98 19.95 0236895 MAGNETHERAPY, INC 2/05/98 598.50 0236896 MR BOB PORTABLE TOILET 2/05/98 76.12 0236897 MAIN STREET HARDWARE, INC 2/05/98 47.28 0236898 MAYR, SHARON 2/05/98 68.79 0236899 MOSS, ROGER 2/05/98 54.08 0236900 MEZZINA, PATRICIA 2/05/98 958.00 0236901 MARCO PLASTICS INC 2/05/98 1,215.60 0236902 MCSHANN & MOORE COMMUNICATIONS 2/05/98 1,000.00 0236903 MOSS, MARY 2/05/98 41.20 0236904 MAP DISTRIBUTION 2/05/98 19.50 0236905 NOLTE, DAVID C 2/05/98 4,751.00 0236906 NORTH SOUTH SUPPLY 2/05/98 461.36 0236907 NEFF MACHINERY, INC 2/05/98 329.64 0236908 NATIONAL GEOGRAPHIC VIDEO 2/05/98 23.70 0236909 NEW YORK TIMES, THE 2/05/98 494.00 0236910 NATIONAL PROPANE CORP 2/05/98 2.00 0236911 NOCUTS, INC 2/05/98 137.90 0236912 NEOWARE SYSTEMS, INC 2/05/98 5.43 0236913 OFFICE PRODUCTS & SERVICE 2/05/98 104.04 0236914 OFFICE PRODUCTS & SERVICE 2/05/98 1,652.57 0236915 ORYX PRESS 2/05/98 141.08 0236916 OFFICE DEPOT, INC 2/05/98 1,464.08 0236917 O'NEIL, LEE & WEST 2/05/98 19,892.07 0236918 PARKS RENTAL INC 2/05/98 1,770.84 0236919 PELICAN POINT CORPORATION 2/05/98 3,787.23 0236920 PERKINS DRUG, INC 2/05/98 45.68 0236921 PETTY CASH 2/05/98 234.08 0236922 PUBLIX SUPERMARKET 2/05/98 108.80 0236923 PHYSIO CONTROL CORPORATION 2/05/98 10,524.00 0236924 PETTY CASH 2/05/98 275.31 0236925 PRYOR RESOURCES, INC 2/05/98 99.00 0236926 PAGE, LIVINGSTON 2/05/98 143.00 0236927 PRO -TECH REPAIR & SERVICE 2/05/98 249.60 0236928 PANGBURN, TERRI 2/05/98 24.00 0236929 PERSONAL HEALTH DEVELOPMENT 2/05/98 71.00 0236930 PRAXAIR DISTRIBUTION SOUTHEAST 2/05/98 306.94 0236931 POMAR, JESSICA 2/05/98 146.78 0236932 PEGASUS TRAVEL 2/05/98 974.00 0236933 PARKER PUBLISHING COMPANY 2/05/98 38.54 0236934 RADIO SHACK ACCT RECEIVABLE 2/05/98 39.98 0236935 ROBERTS & REYNOLDS PA 2/05/98 10,775.32 0236936 RAM MEDIA 2/05/98 5,996.67 0236937 RIVERSIDE NATIONAL BANK 2/05/98 10.00 0236938 R & G SOD FARMS 2/05/98 140.00 0236939 RENTAL 1 2/05/98 172.00 0236940 RAMADA BAY VIEW 2/05/98 236.00 0236941 SCHOPP, BARBARA G 2/05/98 150.50 0236942 SCOTT'S SPORTING GOODS 2/05/98 536.00 0236943 SCOTTY'S, INC 2/05/98 272.28 0236944 SEWELL HARDWARE CO, INC 2/05/98 621.38 0236945 SHELL OIL COMPANY 2/05/98 1,313.09 0236946 SOUTHERN ELECTRIC SUPPLY 2/05/98 70.47 0236947 STATE OF FLORIDA 2/05/98 13,400.15 0236948 STURGIS LUMBER & PLYWOOD CO 2/05/98 1,301.09 0236949 ST MARTIN'S PRESS, INC 2/05/98 107.22 0236950 SIMON & SCHUSTER 2/05/98 79.00 0236951 SCHOMMER, ALAN R 2/05/98 500.00 February 17, 1998 0 0 n CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0236952 SCHOOL DISTRICT OF IRC 2/05/98 850.00 0236953 SHADY OAK ANIMAL CLINIC 2/05/98 103.00 0236954 SOUTHERN SEWER EQUIPMENT SALES 2/05/98 318.00 0236955 SUBSTANCE ABUSE COUNCIL 2/05/98 7,520.09 0236956 SUN BELT MEDICAL SUPPLY, INC 2/05/98 177.15 0236957 SOFTHAUS COMPUTER CENTER, INC 2/05/98 4,363.50 0236958 SOLINET 2/05/98 367.56 0236959 STEWART INDUSTRIES 2/05/98 6,323.43 0236960 SEBASTIAN POLICE DEPARTMENT 2/05/98 25.00 0236961 SOUTHEASTERN EMERGENCY EQUIP 2/05/98 236.70 0236962 SCHWEY SERVICES 2/05/98 7,299.75 0236963 SUPERINTENDENT OF DOCUMENTS 2/05/98 25.00 0236964 ST JOHNS RIVER WATER MGMT DIST 2/05/98 350.00 0236965 SKALA, ERIC 2/05/98 148.15 0236966 SUNET DIRECT 2/05/98 167.40 0236967 SOUTHERN SECURITY SYSTEMS OF 2/05/98 110.00 0236968 STEWART, BARBARA 2/05/98 96.00 0236969 SIMPSON, MARGARET 2/05/98 40.00 0236970 SOURCEBOOKS 2/05/98 156.12 0236971 SECURITYLINK FROM AMERITECH 2/05/98 172.92 0236972 TRANS -GENERAL LIFE INSURANCE 2/05/98 5,616.04 0236973 TATTEGRAIN, RAYMOND 2/05/98 87.50 0236974 TALBOTT, DANIEL 2/05/98 26.00 0236975 TRI -COUNTY CONCRETE PRODUCTS 2/05/98 1,666.00 0236976 TABAR, JEFFREY 2/05/98 137.59 0236977 TREASURE COAST BUSINESS 2/05/98 140.00 0236978 TRUGREEN CHEMLAWN 2/05/98 625.00 0236979 TRANSICOIL 2/05/98 368.42 0236980 ULTRATEC, INC 2/05/98 75.00 0236981 US FILTER DISTRIBUTION GROUP 2/05/98 368.00 0236982 VELDE FORD, INC 2/05/98 549.24 0236983 VERO BEACH, CITY OF 2/05/98 7,298.55 0236984 VERO GLASS & MIRROR, INC 2/05/98 95.00 0236985 VERO LAWNMOWER CENTER, INC 2/05/98 307.09 0236986 VERO BEARING & BOLT 2/05/98 39.19 0236987 VERO BEACH POWERTRAIN 2/05/98 51.59 0236988 VOLUNTEER ACTION COMMITTEE 2/05/98 50.00 0236989 WAL-MART STORES, INC 2/05/98 18.99 0236990 WAL-MART STORES, INC 2/05/98 1,652.67 0236991 WALL STREET JOURNAL 2/05/98 175.00 0236992 WHITE, ALICE 2/05/98 82.56 0236993 WW GRAINGER, INC 2/05/98 84.00 0236994 WAL-MART STORES, INC 2/05/98 43.50 0236995 WILLHOFF, PATSY 2/05/98 130.00 0236996 WILLHOFF, JAMES 2/05/98 54.00 0236997 WELLINGTON HOMES 2/05/98 500.00 0236998 WEST GROUP PAYMENT CTR 2/05/98 1,681.68 0236999 WEST CENTRAL KENTUCKY FAMILY 2/05/98 69.50 0237000 WILLIAMS, DARNELL 2/05/98 56.65 0237001 WORDPERFECT FOR WINDOWS 2/05/98 27.97 0237002 WOLFE, ERIN 2/05/98 30.90 0237003 XEROX CORPORATION 2/05/98 50.00 0237004 ZEPHYRHILLS NATURAL SPRING 2/05/98 9.50 0237005 ZUKOWSKI, DANNY 2/05/98 50.00 0237006 ZUKOWSKI, DAVID 2/05/98 40.00 0237007 DUNCKLEE, TIMOTHY 2/05/98 43.63 0237008 R ZORC & SONS BUILDERS, INC 2/05/98 74.60 0237009 GROVE ISLE OF VERO PRTNRS 2/05/98 1,135.29 0237010 BILL BRYANT & ASSOC 2/05/98 38.15 0237011 RUSTIC DIMENSIONS, INC 2/05/98 41.39 0237012 GROSKLOSS, MARY 2/05/98 73.70 0237013 GREGORY, W T 2/05/98 41.87 February 17, 1998 E 11 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0237014 POTTS, JULIE 2/05/98 82.68 0237015 WHIDDON, WARREN & PAULA 2/05/98 3.9.67 0237016 REED, CAROL V 2/05/98 39.02 0237017 NEW, DR MARC & KAREN 2/05/98 41.26 0237018 BIXLER, EDWARD & JACQUELINE 2/05/98 13.26 0237019 SHAEFER, SCOTT 2/05/98 39.68 0237020 AAC BUILDERS, INC 2/05/98 90.43 0237021 MOTT, PAMELA C 2/05/98 36.71 0237022 MANUFACTURED HOME COMM/REPOS 2/05/98 76.88 0237023 ZIEGLER, CORA LEE 2/05/98 13.94 0237024 COURVILLE, JEAN PAUL & RITA 2/05/98 19.49 0237025 DYER, KACY 2/05/98 37.07 0237026 BISHOP, CHARLES W 2/05/98 14.29 0237027 BARATTINE, NICHOLAS 2/05/98 17.03 0237028 ROBERTSON, ROY A 2/05/98 37.45 0237029 GRIZZLY'S BBQ & GRILLE 2/05/98 390.63 0237030 SMITH, EDWARD G 2/05/98 28.55 0237031 OAK HARBOR CLUB PROPERTIES 2/05/98 72.51 0237032 OVERPECK, EARL 2/05/98 45.10 0237033 FLOOD, LORI 2/05/98 8.15 0237034 DI ROCCO CONSTRUCTION 2/05/98 50.49 0237035 PRUDENTIAL RELOCATION CO 2/05/98 1.34 0237036 JONES, MICHELLE L 2/05/98 23.93 0237037 RENDE, RAYMOND 2/05/98 22.23 0237038 STANLEY, KENNETH 2/05/98 7.65 0237039 M J ANDERSON CONSTR CORP 2/05/98 337.39 0237040 GRASS, BARBARA J 2/05/98 15.08 0237041 KENNEY, BRENDON C 2/05/98 40.12 0237042 JOHANNSSON, THORKELL 2/05/98 61.89 0237043 DEVONPORT, M MEGAN 2/05/98 57.86 0237044 RIPPLEY, KRISTY L 2/05/98 32.09 0237045 BARNES, TRINA 2/05/98 16.32 0237046 ROSS, JOYCE C 2/05/98 22.72 0237047 BURGE, TOM 2/05/98 44.15 0237048 GAYLER, LINDA 2/05/98 27.23 0237049 LE BEOUF, BRIDGITTE 2/05/98 12.77 0237050 CHAMBERS, WINSTON 2/05/98 13.92 0237051 PENN, ROMAN 2/05/98 43.54 0237052 STARR, MICHAEL D 2/05/98 6.64 0237053 HUGHES, JAMES C 2/05/98 10.84 0237054 PARISOE, LEON GORDON 2/05/98 37.94 0237055 REICHERT, JANICE A 2/05/98 23.56 0237056 BRADLEY, ALFRED N 2/05/98 38.25 0237057 BLAKE, FRANK L 2/05/98 71.57 0237058 TIMBER RIDGE INC 2/05/98 67.61 0237059 BLAKE, SALLIE WYNN 2/05/98 71.31 0237060 CAL BUILDERS, INC 2/05/98 90.73 0237061 R ZORC & SONS BUILDERS INC 2/05/98 63.48 0237062 CROOM CONSTRUCTION INC 2/05/98 67.69 0237063 ALEXANDER, ROSEMARY 2/05/98 31.80 0237064 STEADMAN, VIRGIL 2/05/98 75.99 0237065 TURNER, WILLIAM B 2/05/98 29.49 0237066 KALIN, MITCHELL A 2/05/98 33.58 0237067 GARTNER, NED & LORRAINE 2/05/98 28.64 0237068 SANTORO, LARA 2/05/98 70.10 0237069 AVCO FINANCE 2/05/98 40.08 0237070 BRITTON, JUDITH 2/05/98 21.11 0237071 MATHEW, SHAJI 2/05/98 48.23 0237072 THOMAS, SUZETTE 2/05/98 24.64 0237073 JOHN LLOYD BUILDERS,INC 2/05/98 28.72 February 17, 1998 10 0 0 CJ CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0237074 ANDO BUILDING CORP 2/05/98 32.62 0237075 NOROIA, KIMBERLY 2/05/98 3.91 0237076 REDD, PHILIP M 2/05/98 41.31 0237077 CORNERSTONE SELECT HOMES, INC 2/05/98 42.91 0237078 DE MARIO, SAMUEL J 2/05/98 71.71 0237079 MGB CONSTRUCTION, INC 2/05/98 73.72 0237080 DE LANGE, DEBORA 2/05/98 33.26 0237081 NEWMAN, HARRY A 2/05/98 48.55 0237082 FEENEY, ETHAN P 2/05/98 41.38 0237083 JOHNSON, CHERYL D 2/05/98 24.50 0237084 SUTHERLAND, A GLENN 2/05/98 33.64 0237085 KNAPP, JAMES W 2/05/98 20.56 0237086 DI PASQUALE, RALPH J 2/05/98 69.52 0237087 BRANHAM, GOLDIE 2/05/98 22.42 0237088 TEE, HOWARD T 2/05/98 35.86 0237089 HOMEPLACE STORES, INC #086 2/05/98 420.78 0237090 FEE, KIMBERLY 2/05/98 20.05 0237091 TODD, KENYADA S 2/05/98 36.97 0237092 MC CARTY, BETSY 2/05/98 12.14 0237093 VISTA IV CONSTRUCTORS, INC 2/05/98 49.43 0237094 RAYMOND, JAMES 2/05/98 31.31 0237095 TREE TOWNE CHRISTMAS TREES 2/05/98 330.75 0237096 UNDERGROUND INDUSTRIES 2/05/98 240.60 0237097 BARTON UNDERGROUND CONST INC 2/05/98 259.82 1,236,565.23 7.C. Payments to Vendors of Court Related Costs The Board reviewed a Memorandum of February 6, 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: February 6, 1998 SUBJECT: Payments to Vendors of Court Related Costs The Office of the County Attorney has processed and approved payment to the following vendors for the week of FelYruary 2. Listed below are the vendors names and the amount of each court related costs (vendors frequently used are for transcription costs). February 17, 1998 11 0 JR Reporting Associates Inc. JR Reporting Associates Inc. Sean Biggins, Esq. JR Reporting Associates Inc. Wayne R. McDonough, Esq. Raymond Tattegrain Floyd Evans Shirley E. Corbin Patricia W. Key Shirley E. Corbin Court Reporters, Inc American Reporting American Reporting Travel By Pegaus Gene Weaver & Associates Shirley E. Corbin Shirley E. Corbin Barbara G. Schopp Shirley E. Corbin Patricia W. Key Patricia B. Held Raymond Tattegrain Total NO ACTION REQUIRED OR TAKEN. 600K '. 0 1 FACE «1 45.00 56.25 2,522.00 127.50 914.00 25.00 125.00 77.00 80.50 66.50 49.00 141.00 61.00 974.00 50.00 56.00 28.00 150.50 66.50 77.00 77.00 62.50 5,831.25 7.D. Indian River Club Plat 6 -Final Plat Anroval Requested by Indian River Club Ltd The Board reviewed a Memorandum of February 11, 1998: TO: James E. Chandler County Administrator DATE: February 11, 1998 DIVISION HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director 4.05. THROUGH: Stasi Boling, AICP Planning Director FROM: Eric Blad ! > Staff Planner, Current Development SUBJECT: Indian River Club Ltd.'s Request for Final Plat Approval for Indian River Club Plat 6 February 17, 1998 12 0 • It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 17, 1998. DESCRIPTION AND CONDITIONS: On October 17, 1997, the Planning and Zoning Commission approved the preliminary plat for Indian River Club Plat 6. The plat site is located within the southwest corner of the Indian River Club project (see attachment #2). The submitted final plat creates an access road and 43 single family lots, consistent with the approved conceptual PD plan for the overall Indian River Club project and the approved preliminary plat. The applicant is now requesting final plat approval for Indian River Club Plat 6. ANALYSIS: The owner's agent, Masteller, Moler & Associates, Inc., is requesting final plat approval and has submitted the following: 1. A final plat in conformance with the approved preliminary PD plat; 2. An engineer's Certified Cost Estimate for the remaining required improvements; and 3. A completed Contract for Construction of Remaining Required Improvements; None of the required subdivision improvements have been constructed. Therefore, the applicant is proposing to "bond -out" for the required subdivision improvements as provided for in the county's land development regulations. The Public Works and Utility Services Departments have reviewed and approved the submitted Engineer's Certified Cost Estimate and corresponding letter of credit amount to guarantee construction of required improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction. The letter of credit, which represents 115% of the estimated cost to construct the required improvements, will be submitted prior to recording the plat. It should be noted that all improvements within the Indian River Club will be private, with the exception of certain utilities facilities that will be dedicated to Indian River County and warranted separately, as required by the Utility Services Department. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners: 1. Grant final plat approval for Indian River Club Plat 6; and 2. Authorize the Chairman to execute the submitted Contract for Construction of Remaining Required Improvements and accept the letter of credit that secures the contract. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction February 17, 1998 13 ��Oa PAGE •`� 600K ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) granted final plat approval for Indian River Club Plat 6 and authorized the Chairman to execute the submitted Contract for Construction of Remaining Required Improvements and accepted the Letter of Credit securing the contract, as recommended in the memorandum. COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. Section 8 Annual Contributions Contract (ACQ The Board reviewed a Memorandum of February 10, 1998: Date: February 10, 1998 To: Honorable Board of County Commissioners IMM: James E. Chandler County Administrator From: H.T. "Sonny" Dean, Director rola B. Gamble, Director Department of General Se Housing Authority Subject: Section 8 Annual Contributions Contract (ACC) BACKGROUND: Annual Contributions Contract (ACC) from HUD is to be extended/amended. ANALYSTS: Annual Contributions Contract (ACC) is to be extended/amended without any change in format. By executing the amendment, the Section 8 Program will continue to receive funding from HUD. RECOMMENDATION: These are not new funds. Recommend the ACC Amendment be executed by County Commission. February 17, 1998 14 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) approved the Annual Contributions Contract amendment and authorized the Chairman to execute same, as recommended in the Memorandum. COPY OF AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.F. Costs for County Tax Deed Application The Board reviewed a Memorandum of February 10, 1998: TO: Board of County Commissioners FROM: Lea R. Keller, CLA Legal Assistant County Attorney's Office DATE: February 10, 1998 RE: Costs for County Tax Deed Application On June 17, 1997, the Board of County Commissioners approved the County paying certain costs to the Tax Collector in connection with the sale of certain tax certificates that were eligible for tax deed applications. We were recently advised by the Clerk of the Court that, as part of the process of transferring the title to the County, the sum of $302.63 is due (as shown on the attached itemization). Requested Action: Board approve the County paying the requested amount to the Clerk of the Circuit Court. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) approved payment of $302.63 to the Clerk of the Circuit Court to cover costs for County tax deed application, as requested in the memorandum. February 17, 1998 15 I 8. SHERIFF WHEELER - REQUEST TO PURCHASE 21 AUTOMATIC EXTERNAL DEFIBRILLATORS FROM MATCHING GRANT FUNDS The Board reviewed a Letter of February 11, 1998 and a Memorandum of February 16, 1998: � ryeriff 4055 41BtAVENUE February 11, 1998 The Honorable John Tippin, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960-3394 GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION VERO BEACH, FLORIDA 329H0-1608 Re: Request to Purchase 21 Automatic External Defibrillators from EMS Matching Grant Funds Dear Mr. Tippin: PHONE (561) 569-6700 Please consider this request to purchase 21 Automatic External Defibrillators on a State Grant. The Florida Department of Health, Bureau of Emergency Medical Services (EMS) Matching Grant program, assists private and public organizations in improving and expanding emergency prehospital EMS systems. Funds are collected from various traffic fines and related cost proceedings as authorized by Chapter 401, part II, Florida Statutes. These funds are deposited into the EMS trust fund with forty percent of the funds collected being used for the EMS Matching Grant Program. The funding for this request would be as follows: Equipment County Match State Match Total Twenty-one (21) Life Pak 500 $18,637.50 $55,912.50 $74,550.00 Automated External Defibrillators Our intention is to use the defibrillators in areas that might experience a longer response time from our EMS units and in cases where a deputy arrives on the scene at a heart call prior to the EMS units. Distribution is planned as indicated on the accompanying memo from Capt. Waters. This request has been coordinated by EMS and mirrors a request from the Recreation Department last week. The deadline for the grant application is February 20, 1998. Your attention to this request at your earliest convenience would be appreciated. Sincerely, ,4(7 C . bA,),--- Gary C. Wheeler. Sheriff GCW:mej Attachments 11 W-- '~ The 173rd Internationally Accredited Law Enforcement Agency Accredited by the CommiWon on Accreditation for Law Enforcement Agencies, Incorporated01 February 17, 1998 16 0 0 RECEIVED FEB 17 1998 MEMORANDUM CLERK TO THE BOARD TO: Commissioner Caroline Ginn FROM: Doug Wright, Director` Emergency Services ` DATE: February 16, 1998 SUBJECT: INFORMATION RELATING TO THE USE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR You have asked for information regarding the use of Automatic External Defibrillators by personnel other than trained EMS personnel as well as liability concerns and the potential for injury to patients and bystanders. 1. External defibrillation was first used in 1956. The first device was developed by an electrical engineer as a tool to save linemen that had been shocked while working on power lines. 2. An AED really "jump stops" a heart. In fibrillation, the chambers in the heart cannot fill and pump blood throughout the body as would occur normally. The AED interrupts the random electrical impulses in a fibrillating heart allowing the heart to stop very briefly - and begin beating again in an organized fashion. 3. Survival from cardiac arrest averages about 10% nationwide. Given cardiac arrest, chances of survival diminish rapidly with time, about 10% per minute, from onset of arrest to defibrillation. After 10 minutes, few survive. Law enforcement officers are, in many cases, first on the scene of a cardiac arrest, and use of the AED, until the paramedics arrive with more advanced equipment (12 lead defibrillator), will increase the survival rate. 4. It should be noted that the AED will treat the ventricular fibrillation, but will not put oxygen into the blood or circulate the blood throughout the body, only CPR can do these things. Prior to AED's the law enforcement officer could only give CPR, but it is the combination of CPR and automatic external defibrillation that will make a definitive difference in saving lives. 5. It's difficult to misuse AED's since they are designed to distinguish between heart rhythms that require electric shock from those that do not. The AED will only deliver a shock if the heart rhythm requires it. It is nearly impossible - for even the most inexperienced operator - to inadvertently shock someone that does not need it. Training will inform AED users not to shock a person laying in the water and not to be touching a patient when the AED is in operation. 6. The power in an AED shock can be described as energy or voltage. It delivers energy in approximately 1/1000 of a second, the same amount of energy would light a 100 watt light bulb for 2-3 seconds. Voltage produced by a defibrillator is approximately 3,000 volts. February 17, 1998 17 ��pp I.0!K ,��.J4 7. It will be the policy of the Emergency Services Department in the future to treat defibrillation as a Basic Life Support skill, as currently with CPR. 8. According to the State EMS Office legal staff, AED users, such as law enforcement officers, are covered by the good samaritan law, because the use of the AED is not their primary mission. 9. The State EMS Office also advises that to date, there have not been any lawsuits involving the use of an AED. 10. Chapter 401.2915, Florida Statutes, provides the following: A. It is the intent of the Legislature than an automatic external defibrillator may be use by any person for the purpose of saving the life of another person in cardiac arrest, in order to ensure the public health and safety B. All persons who have access to or use an AED must obtain appropriate training, to include completion of a course in CPR or successful completion of a basic first aid course that includes CPR training, and demonstrated proficiency in the use of an AED. C. Any person or entity in possession of an AED is encouraged to register with the local emergency medical services medical directior, the existence and location of the AED. D. Any person who uses an AED is required to activate the EMS system as soon as possible upon use of the AED. I hope this information will be helpful to you. If you have additional questions or concerns, please let me know. Attachment Chapter 401.2915, Florida Statutes 401.2915 Automatic external defibrillators.—It is the intent of the Legislature that an automatic external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to ensure public health and safety: (1) All persons who have access to or use an auto- matic external defibrillator must obtain appropriate training, to include completion of a course in cardiopulmonary resuscitation or successful comple- tion of a basic first aid course that includes cardiopulmonary resuscitation training, and demon- strated proficiency in the use of an automatic external defibrillator, (2) Any person or entity in possession of an auto- matic external defibrillator is encouraged to register with the local emergency medical services medical director the existence and location of the automatic external defibrillator, and (3) Any person who uses an automatic external defibrillator is required to activate the emergency medi- cal services system as soon as possible upon use of the automatic external defibrillator. wslary.- s. 1. ch. 97.31. February 17, 1998 18 0 E 0 MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Eggert, to approve the Sheriff's request to purchase 21 Life Pak 500 Automated External Defibrillators using a State Grant with a County match of $18,637.50. Under discussion, Commissioner Ginn advised that she had requested the additional information to be sure there are safeguards for use of the equipment by someone without paramedic training. She found the information very encouraging and further advised that use of this equipment is covered by the "Good Samaritan" law. Emergency Services Director Doug Wright had the equipment in the Chambers and Firefighter Ray Jones and Paramedic H Rick Villars demonstrated its use. UndersheriffJim Davis believed the Sheriff's Department would be able to save some lives with this equipment. The Vice Chairman CALLED THE QUESTION and the motion passed unanimously (4-0, Chairman Tippin absent) COPY OF EMS MATCHING GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.B. PRESCRIBED BURNING - RESOLUTION IN SUPPORT REQUESTED BY BOB CRAWFORD, COMMISSIONER, FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES The Board reviewed a Letter of January 26, 1998: Florida Department of Agriculture & Consumer Services BOB CRAWFORD, Commissioner The Capitol • Tallahassee, FL 32399-0800 fi- FEB 0 5 1998 FP �. $O RD O COU T Y January 26, 1998 February 17, 1998 19 boor 101 Ms. Fran Adams Commissioner Indian River County 1840 25th. Ave - Vero Beach, FL. 32960 Dear Ms. Adams: As you know, prescribed burning is a very important land management tool that has been used extensively throughout Florida for more than 100 years. In Indian River County, prescribed burning is conducted by the Division of Forestry, Department of Environmental Protection, St. Johns River Water Management District, Indian River County, Indian River County School Board, and many private land owners. This land management tool is critically important for the health of all forest lands. The attached Resolution, passed by the Iiillsborough County Commission, is an excellent statement of support for prescribed burning. This is another opportunity for Indian River County to take a leadership role in insuring that natural lands in the County continue to be properly managed. Thank you for sponsoring a Resolution before the Indian River County Commission. Several of the above agencies would be glad to speak in support of this Resolution. If everything meets with your approval, can we request that this item be placed on the February 17 meeting agenda. If you require any additional information, please call and let me know. Attachments SINCERELY BOB CRAWFORD COMMISSIONER OF AGRICULTURE Joe Spataro Forest Area Supervisor Indian River & St. Lucie Co. (561) 778-5085 MOTION WAS MADE by CommissionerAdams, SECONDED by Commissioner Ginn to adopt the proposed resolution supporting the use of prescribed burning as a land management tool in Indian River County. There was a brief discussion and assurances were received from Joe Spataro, Forest Area Supervisor for the Florida Division of Forestry in Indian River County, and Jim Rath, Okeechobee District Manager, who work with the Florida Game Commission and U.S. Fish February 17, 1998 20 9 0 & Wildlife so that timing of burns on public property is closely coordinated not to conflict with the school hours and mating seasons of the endangered species and other criteria. They stressed that controlled burns help with the safety issue by reducing the fuel load in case of accidental fire. Messrs. Spataro and Rath also work with private property owners to encourage them to use safe burning methods by considering the timing and smoke drift. They recommended the Board support the resolution. Commissioner Adams commended the efforts and actions of the local Florida Division of Forestry in both prescribed burns and accidental burns; they have been extremely cooperative and helpful to our own Emergency Management and the Fire Department. Vice Chairman Macht read the proposed resolution for the benefit of the audience in the Chamber and on television. The Vice Chairman CALLED THE QUESTION and the motion passed unanimously. (4-0 Chairman Tippin absent) (Resolution #98-021 adopted) RESOLUTION 98- 21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE USE OF PRESCRIBED BURNING AS A LAND MANAGEMENT TOOL IN INDIAN RIVER COUNTY. WHEREAS, prescribed burning is a critical resource management tool that, when properly administered, minimizes impacts on air quality, protects public safety, and enriches property aesthetics; and WHEREAS, much of the ecosystem of Indian River County, including endangered, threatened and species of special concern, is fire dependent for its vitality; and WHEREAS, prescribed burning reduces accumulated fuels and consequently lessens the likelihood and severity of uncontrolled and damaging wildfires; and WHEREAS, the Florida Legislature enacted Chapter 590.026, Florida Statutes, that recognized the benefits of conducting prescribed burning; and WHEREAS, rules governing open burning in Indian River County require that proper authorization be obtained from the Florida Division of Forestry, Department of Agriculture and Consumer Services, prior to conducting prescribed burning in Indian River County. February 17, 1998 21 r booK 10'�' ["+n 400 7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board supports the use of prescribed burning as a land management tool in Indian River County, Florida. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner Gi nn , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Absent Vice Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 17 day of February, 1998. ST: Jeffre arton, Cler �l Approved as to form and legal sufficiency: Charles P. Vitunac, County Attorney February 17, 1998 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By neth R. Macht, Vice Chairman 22 0 0 11A CONTRACT FOR PURCHASE OF NORTH BARRIER ISLAND PARCEL FOR EMERGENCY SERVICES STATION - LIER The Board reviewed a Memorandum of February 10, 1998: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services I DATE: February 10, 1998 SUBJECT: Purchase of Property For Emergency Services Station - North Barrier Island On February 3, 1998, the Board of County Commissioners voted to accept and consider a Contract For Sale and Purchase in connection with the Lier property located on CR 510 for the purpose of constructing an emergency services station. The Contract for Sale and Purchase was received on February 10, 1998, for 1.50 acres of property with the purchase price stated as $115,000. The Addendum to Contract For Sale and Purchase provides for the Seller to pay the expense for title insurance and the Buyer to pay the expense for all other costs associated with the closing such as documentary stamps, recording fees, etc. The second clause in the Addendum to Contract For Sale and Purchase provides for the Buyer to pay the expense for and construct a CBS six (6) foot high by 381.32 foot long wall along the western edge of the property to minimize the intrusion on the existing grove. The matter is now before the Board for consideration and direction to staff. ATTACHIVIF.NTS: 1. Letter from Attorney Byron T. Cooksey representing Ms. Jeannette M. Lier dated February 10, 1998. 2. Survey of property. 3. Four (4) Contract For Sale And Purchase originals signed by Jeannette M. Lier, Trustee, with attachments - Schedule "A" Description of Land and Addendum To Contract For Sale And Purchase. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Adams, the Board unanimously (4-0 Chairman Tippin absent) approved the purchase of the Lier property located on CR 510 for the purpose of constructing an emergency services station in the amount of $115,000. February 17, 1998 23 i Odd L F��GC 40 VOK 10 4 �'nE " 02 COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Vitunac counseled the Board to also approve this item in their capacity as Commissioners of the Emergency Services District. Therefore, at 9:23 a.m., the Board briefly recessed to convene as Commissioners of the Emergency Services District. Those minutes are being prepared separately. (Item 14.A.) At 9:24 a.m. the Board of County Commissioners reconvened their meeting to continue their agenda. 11.F. OPT -OUT PROVISIONS TO EXEMPT HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT Deleted. 11.G.1. GIFFORD PARK JUNIOR LEAGUE BASEBALL PARK NAMED THE JACKIE ROBINSON MEMORIAL FIELD The Board reviewed a Memorandum of February 10, 1998: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director 6ir SUBJECT: Naming New Gifford Park Junior League Baseball Field "The Jackie Robinson Memorial Field" REF. MEMO: Freddie Woolfork, President, Progressive Civic League to Commissioner Carolyn Eggert dated April 23, 1997 DATE: February 10, 1998 During the February 5, 1998 meeting of the Parks and Recreation Committee, the Committee unanimously recommended that the new Gifford Park Junior League baseball field be named "The Jackie Robinson Memorial Field." February 17, 1998 24 0 0 Staff recommends that the Board approve the Committee's request. 1) Minutes of the Feb. 5, 1998 Parks & Recreation Committee meeting 2) Above referenced letter Commissioner Eggert pointed out that the name has been requested for the baseball field within Gifford Park, not for the park itself. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Adams, to name the new Gifford Park Junior League baseball field "The Jackie Robinson Memorial Field". Under discussion, Vice Chairman Macht commented that he agreed with sportscaster Howard Cosell that the greatest day in baseball was when Jackie Robinson took the field. The Vice Chairman CALLED THE QUESTION and the motion passed unanimously. (4-0, Chairman Tippin absent) Freddie Woolfork, president of the Gifford Progressive Civic League and Director of the Gifford Youth Activity Center, thanked the Board for their support this past Sunday at the Grand Opening Ceremony of the Gifford Youth Activity Center, and for approving the naming of the field. It allowed the opening of a partnership with the Dodgertown personnel and the Dodger organization. Jackie Robinson will be a very positive roll model for the youngsters who participate in the activities on the new field. Commissioner Ginn mentioned that four of the Dodger players were at the grand opening on Sunday and made a very fine presentation. 11.G.2. COUNTY DOCK REPAIR - 45TH STREET EAST TERMINUS - WEST SHORE OF INDIAN RIVER - BUDGET AMENDMENT 010 The Board reviewed a Memorandum of February 10, 1998: February 17, 1998 25 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.��,. Public Works Director SUBJECT: Repair to County Dock at 45th Street East Terminus- West shore of Indian River Budget Amendment 010 REF. MEMO: Jim Romanek to Jim Davis dated February 2, 1998 DATE: February 10, 1998 At the east terminus of North Gifford Road (4r Street) along the west shoreline of the Indian River exists a county owned dock which protrudes 120' into the river. The wood dock is deteriorated and in need of repair. Staff has performed an estimate to replace the deck, stringers, and cross braces. The cost is approximately $3,600. To replace the entire dock would cost $12,000. Since all but one piling appears in good condition, staff is of the opinion that repair, not replacement, is appropriate. It is recommended that $4,000 be appropriated for the repair of N. Gifford Road dock. Funding to be from General Fund - 001-199-581-099. 91. Referenced memo (Clerk's Note: Under Item 4, Additions, the Board approved the inclusion of the budget amendment in the motion.) ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Adams, the Board unanimously (4-0 Chairman Tippin absent) appropriated $4,000 for the repair of the North Gifford Road dock and approved Budget Amendment 010. February 17, 1998 26 TO: Members of the Board of County Commissioners FROM: Joseph A Bair �j�1 OMB Director BUDGET AMENDMENT: 010 DATE: February 11, 1998 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Parks/ Maintenance -Except Structure 001-210-572-034.66 $4,000 $0 GENERAL FUND/Reserve for Contingencies 001-199-582-099.91 $0 $4,000 11.G.3. 58TH AVENUE IMPROVEMENT - RIGHT-OF-WAY ACQUISITION (OSLO ROAD TO 26TH STREET) - PARCEL NO. 115W. ROBERT H. ROLLMS The Board reviewed a Memorandum of February 11, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director Terry B. Thompson, P.E. Capital Projects Manager FROM: William M. Napier, SRPA, SRApll Right -of -Way Agent SUBJECT: 58th Avenue Right -Of -Way Acquisition 58th Avenue Improvements / Oslo Road to 26th Street Parcel No. 115W, Robert H. Rollins DATE: February 11, 1998 bit/wmn/Ro11ns58 DESCRIPTION AND CONDITIONS The property owner has executed a contract at a price of $16,900 per acre for the A-1 zoned land. This price per acre is comparable to other similar A-1 parcels the County has purchased within the market area based upon appraisals or evaluations. The contract price is $10,140.00 based on a total of .60 acre as determined by the legal description. There are no appraisal or attorneys fees. In addition to the land acquisition, the County will, at some time in the future, have to purchase additional trees outside the proposed right-of-way as necessary to replace the February 17, 1998 27 mor 10 1 '. ",E405 b 0 0 K i� �''� "- .I � grove drainage ditch which currently runs along the east side of the property. Per the contract this cost will be $100.00 per citrus tree. The cost of relocating the ditch will also be paid by the County. RECOMMENDATIONS AND FUNDING Staff requests the Board of County Commissioners approve the $10,140.00 right-of-way purchase, and authorize the Chairman to execute the contract. Funding to be from Account #315-214-541-066.12. ATTACHMENT 1) Contract 2) Legal Description ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) approved the $10,140 right-of-way purchase and authorized the Chairman to execute the contract, as recommended in the Memorandum. COPY OF CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD February 17,1998 28 11.G.4. AS -BUILT RESOLUTION & ASSESSMENT ROLL - PAVING AND DRAINAGE IMPROVEMENTS TO 91H PLACE & 21ST AVENUE IN BLOCK VILLA SUBDIVISION The Board reviewed a Memorandum of February 6, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: and Roger D. Cain, P.E. County Engineer Michelle A. Gentile, CET Civil Engineer SUBJECT: As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to 9h Place and 21" Avenue in Block Villa Subdivision DATE: February 6, 1998 DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: Preliminary Estimates Final Cost $ 43,891.76 -100% $ 35,453.74 -100% $ 32,918.82 - 75% $ 27,122.11 - 75%* 5.91 Acres 5.91 Acres $ 5,570.02 /per Acre $ 4,589.19 /per Acre * This figure includes 2% Tax Collector's fee The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in 2 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 8'/z% established by the Board of County Commissioners. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment roll. February 17, 1998 29 b 0 0 K 10 p��C,%.46 RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned road be approved by the Board of County Commissioners and that it be transferred to the Tax Collector for recording in the "Assessment Lien Book" and for collection. ATTACHMENTS 1) As -Built Resolution 2) Final Assessment Roll (Exhibit "A") 3) Final Costs ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) adopted Resolution No. 98-022 certifying "as - built" costs for certain paving and drainage improvements to 9' Place and 21' Avenue in Block Villa subdivision, designated as Project No. 9311, and other construction necessitated by such project, providing for formal completion date, and date for payment without penalty and interest. As -Built (Fourth Resolution) 3/25/97(ENG)RES4.MAG\ktp RESOLUTION NO. 98- 22 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 9TH PLACE AND 21ST AVENUE IN BLOCK VILLA SUBDIVISION, DESIGNATED AS PROJECT NO. 9311, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements described herein specially benefitted the property located within the boundaries as described in this title, designated as Project No. 9311, are in the public interest and promote the public welfare of the county; and WHEREAS, on January 16, 1996, the Board held a public hearing in the Commission Chambers at which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and February 17,1998 30 0 0 WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 96-04, which confirmed the special assessment cost of the project to the property specially benefitted by the project in the amounts listed in an attachment to that resolution; and WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed is $4,589.19 per acre, which is less than $5,570.02 per parcel in the confirming Resolution No. 96-04, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 96-04 is modified as follows: The completion date for Project No. 9311 is declared to be February 6, 1998, and the last day that payment may be made avoiding interest and penalty charges is ninety (90) days after passage of this resolution. 2. Payments bearing interest at the rate of 8'/s% per annum may be made in two equal installments, the first to be made twelve (12) months from the due date and the subsequent payments to be due yearly from the due date. The due date is ninety (90) days after the passage of this resolution. 3. The assessment roll for said project listed in Resolution No. 96-04 shall be as set forth in attached Exhibit "A" to this resolution. 4. The assessments as shown in attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown in Exhibit "A", attached to Resolution No.96-04 were recorded by the County on the public records of Indian River County, and the lien shall constitute prima facie evidence of its validity. This resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Gi nn and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Absent Vice -Chairman Kenneth R Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Carolyn K. Eggert Aye February 17, 1998 31 11 �OnK tJ f.11U,:.��� The Chairman thereupon declared the resolution duly passed and adopted this 17 day of February , 1998. BOARD OF COUNTY CONMSSIONERS OF IND RIVER LINTY, FLORIDA By KENNETH R. MACHT VICE CHAIRMAN Attest: JEFFREY K. BARTON, Clerk Attachment: °A' CACore1\Office7\Petition Paving\9311 Res-AsBuih.wpd February 17, 1998 32 0 0 .I ' CJI +_ NM 0 0 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION TOTAL ACREAGE.......... 5.91 COST TO PROPERTY OWNERS...... $27,122.11 PROJECT NO. 9311 COST PER ACRE ......................... $4,589.19 �o 00 NAME & ADDRESS LEGAL DESCRIPTION ACREAGE COST/ACRE TOTAL COST 1. Letha Louise Rhodes 11 33 39 00023 0000 00000.1 1.27 $4,589.19 $5,828.27 965 21 st Avenue Block Villa Subdivision Vero Beach, FL 32960 (Plat Book 3, Page 35) Lots A & B (OR Bk 504, P 351) 2. Cynthia M. Parks 11 33 39 00023 0000 00000.3 0.26 $4,589.19 $1,193.19 935 21 st Avenue That portion of Lot C, Vero Beach, FL 32960 BLOCK -VILLA, according to the w plat thereof as recorded in Plat Book 3, page 35, of the Public Records of Indian River County, Florida, said lands lying in Indian River County, Florida, being more particularly described as follows: Commencing at the Northwest comer of Lot "C" in Block - Villa according to the plat thereof as recorded in Plat C:1 Book 3, Page 35, of the Public Records of Indian River County, l� I--�y 9THPLFIN.wkl 02/06/98 �J W 0 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION PROJECT NO. 9311 NAME & ADDRESS Cynthia M. Parks 935 21 st Avenue Vero Beach, FL 32960 (Continued) 9THPLFIN.wkl LEGAL DESCRIPTION Florida, and running thence along the North line of said Lot "C" on an assumed bearing of South 890 14' 17" East for 144.00 feet to the Point of Beginning; thence continue South 89° 14' 17" East for 133.58 feet to the Northeast comer of said Lot "C", also being the West right-of-way of 21 st Avenue, thence South 00" 07'28" West along said 21 st Avenue for 100 feet to the Southeast comer of said Lot "C"; thence leaving said right- of-way North 890 14' 17" West for 91.12 feet to a point; thence North 220 47'02" West 109.08 feet to the place and and Point of Beginning. (As in OR BK 1074, Page 1203) TOTAL ACREAGE.......... COST TO PROPERTY OWNERS...... COST PER ACRE ......................... ACREAGE COST/ACRE 5.91 $27,122.11 $4,589.19 TOTAL COST 02/06/98 a, C_ F :;ate C. FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION PROJECT NO. 9311 _ NAME & ADDRESS 3. Paul & Jennifer Grenier 937 21 st Avenue Vero Beach, FL 32960 9THPLFIN.wk1 LEGAL DESCRIPTION 11 33 39 00023 0000 00000.4 The West 125 feet of Lot "C", and the North 20 feet of the West 100 feet of Lot "D", Block -Villa, according to the plat thereof recorded in Plat Book 3, Page 35, Public Records of Indian River County, Florida, together with the right of use of an easement for ingress and egress over the North 20 feet of the East 178 feet of Lot "D" Block -Villa (Parcel 1) And: That portion of the aforesaid Lot "C", more particularly described as: Commencing at the Northwest comer of Lot "C", thence along the North line of said Lot "C" on an assumed bearing of South 890 14' 17" East for 125.00 feet to the Point of Beginning; thence continue South TOTAL ACREAGE.......... COST TO PROPERTY OWNERS..... COST PER ACRE ......................... ACREAGE_ COST/ACRE 0.43 $4,589.19 5.91 $27,122.11 $4,589.19 TOTAL COST $1,973.35 02/06/98 C� 9 • 021 �o 00 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION PROJECT NO. 9311 NAME & ADDRESS Paul & Jennifer Grenier 937 21 st Avenue Vero Beach, FL 32960 w (Continued) o� 4. Richard H. Rhoades P.O. Box 7 Vero Beach, FL 32961-0007 9THPLFIN.wk1 TOTAL ACREAGE.......... COST TO PROPERTY OWNERS...... COST PER ACRE ......................... LEGAL DESCRIPTION 890 14' 17" East for 19.00 feet, thence South 220 47' 02" East for 109.08 feet to a point on the South line of Lot "C", thence along said South line North 890 14' 17" West for 61.36 feet to a point 125.00 feet East of the Southwest comer of Lot "C", thence, on a bearing parallel with the West line of Lot "C", North 000 04' 07" East for 100.00 feet to the Point of Beginning (Parcel 2) (OR BK 1074, Page 1199) 11 33 39 00023 0000 00000.5 Block Villa Subdivision, Lot E (Plat Book 3, Page 35) (OR BK 441, Page 863 & OR Bk 496, Page 820) ACREAGE COST/ACRE 5.91 $27,122.11 $4,589.19 TOTAL COST 0.88 $4,589.19 $4,038.49 02/06/98 01 1-0 w v FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION TOTAL ACREAGE.......... COST TO PROPERTY OWNERS...... PROJECT NO. 9311 COST PER ACRE ......................... _ NAME & ADDRESS 5. Richard H. Rhoades P.O. Box 7 Vero Beach, FL 32961-0007 6. Lester C. & Elaine R. Collier 965 20th Avenue Vero Beach, FL 32960 7. Lillie Mae Reed 2146 9th Place Vero Beach, FL 32960 8. Robert J. Oziemkowski 956 21 st Avenue Vero Beach, FL 32960 9. Michael L. & Rebecca R. Pickles 966 21 st Avenue Vero Beach, FL 32960 LEGAL DESCRIPTION 11 33 39 00023 0000 00000.6 Block Villa Subdivision, Lot D (Plat Book 3, Page 35) Less the N 20.0 Feet of the W 100.0 feet as in OR BK 726 Page 1776 11 33 39 00023 0010 00003.0 Block Villa Subdivision, (Plat Book 3, Page 35) Lot 3, Block 1 11 33 39 00023 0010 00004.0 Block Villa Subdivision, (Plat Book 3, Page 35) Lot 4, Block 1 11 33 39 00023 0010 00005.0 Block Villa Subdivision, (Plat Book 3, Page 35) Lot 5, Block 1 11 33 39 00023 0010 00006.0 Block Villa Subdivision, (Plat Book 3, Page 35) Lot 6, Block 1 ACREAGE_ 0.81 0.32 0.32 0.32 0.27 COST/ACRE $4,589.19 $4,589.19 $4,589.19 $4,589.19 $4,589.19 5.91 $27,122.11 $4,589.19 TOTAL COST $3,717.24 $1,468.54 $1,468.54 $1,468.54 $1,239.08 F- =- 9THPLFIN.wk1 02/06/98 0 0 9THPLFIN.wkl 02/09/98 U— t na FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENT TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION TOTAL ACREAGE.......... 5.91 COST TO PROPERTY OWNERS...... $27,122.11 00 PROJECT NO. 9311 COST PER ACRE ......................... $4,589.19 NAME & ADDRESS _ LEGAL DESCRIPTION _ _ _ _ ACREAGE_ COST/ACRE TOTAL COST 10. Henry R. & Barbara M. Habora, II 11 33 39 00023 0020 00001.0 0.26 $4,589.19 $1,193.19 2025 9th Place Block Villa Subdivision, Vero Beach, FL 32960 (Plat Book 3, Page 35) Lot 1, Block 2 00 11. Thomas M. Reno 11 33 39 00023 0020 00004.0 0.25 $4,589.19 $1,147.30 P.O. Box 3915 Block Villa Subdivision, Vero Beach, FL 32964 (Plat Book 3, Page 35) Lot 4, Block 2 12. Stuart A. & Tracy R. Monaghan 11 33 39 00023 0020 00005.0 0.26 $4,589.19 $1,193.19 918 21st Avenue Block Villa Subdivision, Vero Beach, FL 32960 (Plat Book 3, Page 35) Lot 5, Block 2 9THPLFIN.wkl 02/09/98 U— t na W 0" to Cr C 00 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 9TH PLACE & 21 ST AVENUE IN BLOCK VILLA SUBDIVISION PROJECT NO. 9311 NAME & ADDRESS_ 13. Catherine A. Johnson 2095 9th Place Vero Beach, FL 32960 9THPLFIN.wkl TOTAL ACREAGE.......... 5.91 COST TO PROPERTY OWNERS...... $27,122.11 COST PER ACRE ......................... $4,589.19 LEGAL DESCRIPTION ACREAGE COST/ACRE TOTAL COST 11 33 39 00023 0020 00006.0 0.26 $4,589.19 $1,193.19 Block Villa Subdivision, (Plat Book 3, Page 35) Lot 6, Block 2 5.91 $4,589.19 $27,122.11 TOTA ACREAGE COST PER ACRE TOTAL COS 02/06/98 0 (TYPICAL FOR 1/4 MILE OF ROADWAY CONSTRUCTION) FINAL COST FOR: 9TH PLACE & 21ST AVENUE IN BLOCK VILLA SUBDIVISION DATE: PROJECT N 9311 FINAL COST CONSTRUCTION Labor Equipment Soil Cement Asphalt Fill Sod Seed Pipe Landfill Limerock Marl Shell Catch Basins Curbing Stakes Testing Tree Rmoval Total Construction Cost PERMIT FEES SJRWMD TITLE SEARCH ENGINEERING (Based on $2.59/L.F.) Administration 3% Recording Fees 25% County's Cost 75% Property Owner's Assessment 2% Tax Collector's Fee (75% Figure) TOTAL ACRES 5.91 TOTAL L.F. 894.72 $11,152.13 $7,243.64 $0.00 $3,545.19 $0.00 $3,343.64 $0.00 $3,087.60 $0.00 $1,669.57 $0.00 $0.00 $0.00 $0.00 $0.00 $754.50 15.00 $31,211.27 $31,211.27 $200.00 $200.00 $543.00 $543.00 $2.59 x4894.72 L.F. = $2,317.32 Sub -Total $34,271.59 $1,028.15 154.00 TOTAL $35,453.74 $8,863.44 $26,590.30 531.81 TOTAL ASSESSMENT $27.122.11 I Assessment = $27.122.11 = $4,589.19 5.91 9311 FIN.WK1 February 17, 1998 0 02/06/98 9 11.H.1. REQUEST FOR REDUCED CAPACITY CHARGES - NATIONAL HOUSING CORPORATION - RIVER PARK PLACE The Board reviewed a letter of February 11, 1998 and Memorandum of February 11, 1998: Cohn, Brc)wn, VJJwe , Barleft, Rossway, Garavagh-a & M.. BRUCE O. BARKETT CALVIN B. BROWN WILLIAM W. CA J3VVELL SUSAN A. CALISTRI EDITH E. COLLINS GE MME 4 COLLINS. JR. - MICHAEL J. GARAVAGLIA JOHN E. MOORS. M -- BRADLEY W. ROSSWAV ILA N. THOMPSON .BOARD CERTWWD REAL ESTATE LAWYER •-ALSO ADMI7'1'ED IN THE DISTRICT OF COLUMBIA Via Hand Delivery Jim Chandler, County Administrator Indian River County 1840 25th Street Vero Beach, FL 32960 CHARTERED ATTO1qNEY5 AT LAW 756 BF-AC24LAND BOULEVARD VERO BEACH, FLORIDA 32969 561-231-4343 FAX: 561-234-5213 February 11, 1998 Re: National Housing Corporation/River Park Place Dear Jim: -� - 1PLFASE REPLY TO: POST OFFICE BOX mw VERq BEACH. FLORIDA 32864 This letter is to appeal to the Board of County Commissioners of Indian River County the decisions of Donald R_ Hubbs, Director of Utility Services, and you, as County Administrator, not to enter into a Developer's Agreement with National Housing Corporation regarding development of River Park Place. A copy of the proposed Developer's Agreement is attached for your review. The essence of this appeal is stated plainly in the attached letter to Mr. Hubbs, dated February 10th. National Housing Corporation is constructing elderly, affordable, limited size rental units whose monthly water usage and sewage flow will be below the amount corresponding to the number of ERUs assigned by Indian River County's Impact Fees Ordinance. National Housing Corporation simply wants to pay directly to the County impact fees based upon 90 ERUs, and simultaneously issue to the County a Letter of Credit for the balance of 54 ERUs, which Letter of Credit may be drawn by the County after two (2) years to the extent that the project's monthly water usage or sewage flow exceeded the 90 ERUs for which the project paid. In other words, National Housing Corporation simply wants to pay a fair and equitable impact fee based upon reality, and is willing to be held accountable for that fee. The position taken by your staff at this time is that National Housing Corporation must pay an unfair fee, with no chance for a recalculation, regardless of the actual usage. Thank you for your cooperation in putting this on the next available Board Agenda. /mjw Enclosure February 17, 1998 Very truly yours, BRUCE BARKETT For the Firm 41 t�O�K r -A it DATE: February)6, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P. DIRECTOR OF UTILITY VICES SUBJECT: REQUEST FOR REDUCED CAPACITY CHARGES/ NATIONAL HOUSING CORPORATION/ RIVER PARK PLACE A request has been received by Indian River County regarding a reduction in water and wastewater capacity charges (Impact Fees). Please see the attached correspondence from Collins, Brown et al. River Park Place is a proposed, 144 unit, residential apartment complex catering to senior citizens. Due to clientele demographics, apartment square footage and other factors, the builder, Mr. Bill Whitworth of the Houston- based Whitworth Company, believes that a reduced impact fee should be applied to his development. Staff has been discussing this issue with the developer and his representatives for some time and believes that a reduction in fees is untimely and inappropriate. Many years ago, as Indian River County was developing a water and sewer system, a decision was made to provide a high level of service, reflected in the County's Comprehensive Plan and in the 1991 Utility User Charge Study, upon which Chapter 201 of the County Code is based. Chapter 201, among other things, defines the Equivalent Residential Unit (ERU) and assigns the minimum ERU for a particular land use. With this level of service commitment in mind, the County has incurred considerable debt requiring the collection of capacity charges, in full, throughout the projected ten (10) year planning period. On January 28, 1997, the County and Gifford Elderly Housing, Inc., representing Sunset Apartments, entered into an agreement to conduct a pilot study to determine actual peak hourly and daily water consumption. The information garnered from such a pilot study could contribute to the establishment of new ERU classes. A provision in the Sunset Apartments agreement allowed for reduced capacity charges based upon the results of the pilot study. Subsequently, concerns had been expressed by representatives of mobile home parks asserting that actual consumption was less than 250 gallons per day. Currently, one ERU equates to a range of 0 to 250 gallons per day. As a result, the Board of County Commissioners (BCC) authorized a Request For Proposals for consulting services to analyze and submit recommendations regarding the current fee structure. A major thrust of the proposed study relates to impact fees. Following interviews by the BCC, Hartman and Associates was selected as number one for contract negotiations. Staff is currently finalizing a proposed agreement to submit for Board consideration. The circumstances surrounding the River Park Place project are similar in that the developer has indicated, based on studies of actual consumption, that anticipated consumption will be at the low end of the range prescribed in the current structure. February 17, 1998 42 rIL • Current County Ordinance, Chapter 201 explicitly describes and defines residential ERUs and in this case, requires that one ERU per unit be paid fully in advance of construction. Staff recommends that the current ordinance provisions be applied and allow the "User Charge Revision Team" consisting of staff, the Utilities Advisory Committee and consultants to review, among other things, the ERU designation and report their findings to the Board of County Commissioners before any agreements reducing capacity charges are contemplated. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Grin, to support staffs recommendation. (Use current ordinance and wait for the results of the rate study before any agreements reducing capacity charges are contemplated.) Under discussion, Commissioner Eggert commented that the Board had been through this a number of times and it is very difficult to do this one -by -one. The Vice Chairman called on Mr. Barkett from the audience. (Clerk's Note: During Mr. Barkett's presentation, a handout was given to each of the County Commissioners. The Clerk was not provided a copy, therefore, such handout is not a part of the Clerk's record in this matter.) Bruce Barkett, attorney, representing National Housing Corporation/River Park Place, expressed appreciation to new Utilities Department Director Don Hubbs and to Administrator Chandler for their help. His client had no problem paying the full amount, provided the County entered into a Developer's Agreement that if the rate study comes back, or if the usage comes back, the way they anticipate, that the developer can get a recoupment. The problem is that there is no provision in the current ordinance for reimbursement or recoupment. Vice Chairman Macht thought it sounded reasonable and asked if it was possible, and Administrator Chandler advised that when the rate study is completed and if there is a rate February 17, 1998 43 booK u F" ; QLa �= - �,. ° b®r1K+t �^iM1 f.�.�l". tom, 6� ' sYY� structure change, it is usually always prospective and not retroactive. The concern is that if an exception is made for this organization at this time, it may be necessary to make retroactive adjustments for others, whether it be commercial development or single family. Mr. Barkett felt the problem was that the ordinance makes no distinction between a non-residential project and a residential project. Their development is master -metered. The ordinance provides that if a non-residential project pays a full impact fee and 2 years later finds it has used less than the number of ERU's originally charged for, it can come to the County for a reimbursement. He argued that there is no logical distinction between that and a master -metered apartment complex. Administrator Chandler recounted the arguments of the mobile home park owners, as an example, which was similar to Mr. Barkett's. This and other incidents led to the recommendation to have a study done. He added that nothing has been determined saying the current rate structure is not equitable or not satisfactory; the results of the study may come back saying that the current rates are equitable and satisfactory. Mr. Barkett pointed out that this apartment complex is deed restricted to one or two occupants, unlike mobile homes which can have as many occupants as are willing to live together. He added other arguments and commented that if logic is to be used, he would win, but if the Commission is just wanting to wait until the rate study comes out, there was nothing he could do about that. He mentioned that he had discussion with County Attorney Vitunac that the Board could agree to recoupment if they so direct staff. County Attorney Vitunac found a distinction between giving a rate reduction in the future; he thought they could not do that. The Board was imminently correct that you cannot go back and give reduction in rates or they would bankrupt the system. The only room for compromise here is that the Board could buy back excess capacity purchased by any customer of the system other than a single family unit. The present ordinance allows that and it does not affect the County's rates or financial sheet, because that excess capacity is available for resale. The ordinances do not allow buy-back of multi -family capacity even if it is in excess, but that ordinance could be changed. Mr. Barkett suggested they could invoke the pending ordinance doctrine and direct staff to look at it and enter into a developers agreement. Lengthy discussion was held wherein Commissioners Ginn, Eggert, and Macht expressed support for staff's recommendation that the current ordinance provisions be applied and allow the "User Charge Revision Team" to review, among other things, the ERU February 17, 1998 44 ID 0 designation and report their findings to the Board of County Commissioners before any agreements reducing capacity charges are contemplated. Commissioner Adams had a couple of comments, but first she wished to hear from Utilities Department Director Don Hubbs. Utilities Department Director Don Hubbs appreciated the opportunity to speak. He advised that he had met at length with Mr. Barkett and Mr. Bill Whitworth, the developer. He was not defending the concept that is in the current ordinance that all units are created equal, but recognized that all ordinances are not perfect and the Board has recognized that by commissioning a rate study. Nevertheless, he felt that it was impossible under the existing ordinance to vary from it. So, after many hours of meeting, as a group effort with stag staff reached the only conclusion they could, the need to hold tight until such time as there is compelling evidence and a comprehensive suggestion that has gone through the advisory committee, and been brought to the Board for public hearing. It needs to go through the proper process. Commissioner Adams wondered if it would be proper to escrow the money, until the determination is made. She would not have a problem with that. The escrowed amount could be held until the rate study comes back and the Board has made a determination. Commissioner Eggert did not agree with Commissioner Adams because there is no way of knowing how many others will come to the Board with the same request between now and then. time. Whereupon Commissioner Adams suggested they deal with each request, one at a Commissioner Eggert commented that all those funds would be in escrow and could not be used. Mr. Barkett had one last point before the Vice Chairman closed discussion. He pointed out that once the County collects the impact fee, it triggers the base facility charges. So even though they are paying almost 60 additional ERU's, it also entails $40 per unit per month that is not recouped at the end. Commissioner Ginn pointed out that the developer knew about these costs up front. She believed the Board was trying to fix something very difficult. She felt the study needed to be done and needed to be fair to everybody. Mr. Barkett disagreed and felt the County was saying, "Since we can't be fair to everybody, let's not be fair to anybody." February 17, 1998 45 r, b 0 19 K J. 0 .i� 4,2q! iq Commissioner Eggert pointed out that that was his interpretation. Commissioner Eggert CALLED THE QUESTION. The Vice Chairman CALLED FOR A VOTE ON CALLING THE QUESTION. The vote was 3-1 (Commissioner Adams opposed, Chairman Tippin absent). The Vice Chairman CALLED THE QUESTION on the motion and the motion (staff's recommendation) passed 3-1 (Commissioner Adams opposed, Chairman Tippin absent). County Attorney Vitunac suggested that part of Hartman & Associates' study could be to analyze whether the County could buy back excess capacity from units like these low cost housing units. Commissioner Ginn agreed that it could be part of the study and assured that she would do everything she could to be fair to all parties. Mr. Barkett asked to be notified of the meetings concerning this issue. 11.H.2. VERO BEACH DISNEY RESORT - WATER AND WASTEWATER PLANT SURCHARGE PAYMENT The Board reviewed a Memorandum of February 9, 1998: February 17, 1998 0 0 TO: James Chandler County Administrator FROM: James W. Davis, P.E. Interim Utility Directo Don Hubbs, P Utility Director r14 SUBJECT: Vero Beach Disney Resort Water and Wastewater Plant Surcharge Payment DATE: February 9, 1998 DESCRIPTION AND CONDITIONS Prior to July 1, 1995, the Utility Services Department was manually billing the Disney Resort Property on north A1A in Wabasso for up to 400 Equivalent Residential Units (E. R. U.) of water and wastewater capacity. The development was under construction at that time, and computer billing was not yet appropriate. In July, 1995, the Department began computer billing since Certificate of Occupancies were forthcoming. When the computer entries were made, both the $13.00 per E.R.U. monthly water and wastewater surcharges were not coded into the billing account. As a result, $280,800.00 was not billed to Disney from July 1995 to October, 1997. On November 25, 1997, the Interim Utility Services Director, James Davis, met with the General Manager of the Vero Beach Disney Resort, Sonya Dees, to explain the oversight. Coincidentally, the Disney Resort Management changed in July, 1995 when the Development Corporation transferred control of the resort to the Vacation Club Corporation. Disney has been very understanding concerning the oversight, however, direct payment of the $280,800.00 amount is difficult within their current fiscal year's budget. Staff has reviewed the $13.00/E.R.U. Surcharge Agreements prepared when the County purchased the Sea Oaks Wastewater Treatment Plant and the North Beach Utilities Water Plant in 1989. The Wastewater Surcharge will end in approximately 20 months. The Water Surcharge will terminate when the acquisition cost is received, which will be in several years. A lump sum payment and monthly schedule was discussed with Disney to pay the $280,800.00 amount. ALTERNATIVES AND ANALYSIS To facilitate payment to the County, staff and Disney are agreeable to the following agreement: Disney will pay to the County a total of $280,800.00 with the first payment on February 41 of $132,678.00 which will cover the cost of the existing commercial development and unconstructed 177 time share units. In addition, over the next 20 months, monthly installments of $6,788.93 will be paid to the County. Finally, from months 21 through 24, monthly installments of $3085.88 will be paid to the County. The above three payment scenarios recover the entire $280,800.00 February 17, 1998 e� E®DK101-111'r BOOK � �� I �i.426, Because the arrears were due to County error, staff recommends that no interest be charged to the balance. Current monthly surcharge and other payments will continue uninterrupted. Staff recommends that the above payment plan be approved. ATTACHMENT Allocation Breakdown ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) approved the payment plan to which Vero Beach Disney Resort is agreeable, as recommended in the Memorandum. Commissioner Adams asked how this billing error was discovered, and Administrator Chandler explained that it had been discovered by staff a few months ago when decommissioning the plant. Since that time, staff has worked closely with the auditors; they plan to comprehensively address the entire billing, accounting, and financial methods so this does not occur again. Commissioner Eggert advised that the auditors have been making gentle comments about the whole system for three years. They will have to make a very serious comment this year if everything does not get reconciled. Commissioner Adams was concerned about possible similar situations, and Administrator Chandler advised that after a thorough check it was determined that this (the Disney Resort) was the only instance of this particular deficiency. It occurred at the time they were nearing completion of their project and coincidentally the County was going from manual billing to automated billing. Staff ascertained there were no other accounts in a similar situation. He has been working with Budget Director Joseph A. Baird, Assistant Finance Director Jeff Smith, the auditors, Public Works Director (formerly Acting Utilities Department Director) James Davis, and now Utilities Department Director Don Hubbs, to establish better checks and balances, perhaps even procedural manuals in a certain area. HTE, the provider of software billing, is being called in for a meeting to go through the capabilities of the system and to determine whether there is a need for any changes. There February 17, 1998 48 0 • may be a need for additional training of personnel at different levels than has occurred in the past. They are also looking to bridge the Finance computer mainframe and the Utility mainframe. Organizational structure will also be scrutinized. Commissioner Adams appreciated the information; it sounded to her like Administrator Chandler had the problem under control. 13A AFTER -THE -FACT- PERMIT PENALTY FEES Vice Chairman Macht reviewed a Memorandum of February 4, 1998: TO: Board of County Commissioners FROM: Kenneth R. Macht, Vice Chairman DATE: February 4, 1998 SUBJECT: After the Fact Permit Fees When an unpermitted structure or fence comes to the attention of County staff, the landowner is required to obtain from the building department, if the structure or fence is permittable, an after the fact building permit. The cost of this permit is the standard permit fee plus a penalty. For example, a fence permit fee of $50.00 becomes $100.00 if it is an after the fact permit. The purpose of this penalty is obviously to discourage people from ignoring the permitting process. From time to time this penalty fee falls on the shoulders of an innocent third party. The case at hand involved a Mr. and Mrs. Safikhani who purchased a house from the second owner in 1995. Apparently, the fence had been erected by original owner/builder in the late 1980's without a permit. In 1997 the Safikhani's sought a building permit for a utility shed, at that time, the unpermitted fence was discovered from the survey presented by the Safikhani's. The Safikhani's were willing to pay the $50.00 for the permit but felt the penalty of $50.00 was unwarranted because they were innocent third parties. I agree with the innocent land owners that the penalty is unwarranted and should not be imposed in cases of this nature. I recommend that the Board instruct the County Administrator to take any necessary action so that this after the fact penalty fee will not be applied to innocent third party land owners. TPO/sw Commissioner Eggert had talked with the gentleman and Deputy County Attorney Will Collins. She agreed with Vice Chairman Macht. What bothered her, (and it is another communication problem) was that the fence had been discovered by the Property Appraiser's February 17, 1998 OLX U41 ik" F office and has been on their records. However it was not discovered by the County until a new permit was desired. She wondered why nobody was able to catch this over all the time, especially because it was on our records someplace. It seemed to her there should be some easier way. Commissioner Ginnunderstood these were difficult things to catch andrecountedhow a neighbor's fence appeared on her assessment. Vice Chairman Macht then asked about interdepartment communications, and Community Development Director Bob Keating advised that his office has dealt with Property Appraiser's office a lot these days, particularly on catching lot splits early. It is difficult for inspectors in the field, they have enough work doing their own jobs. When the Property Appraiser's representative goes out there, he is not aware if a building permit was just issued for a fence. This particular fence was put in an easement and right now is going through the process to determine whether or not it can stay there; it looks like it can. He believed they will be able to get better coordination with the Property Appraiser's office as the GIS is improved and as communication is developed between the data bases. While he agreed it was probably unfair for the subsequent owner to have to pay, he explained it was quite a complex situation. The prior owner stated he had contracted with a fence company that was supposed to have gotten a permit. Director Keating agreed it was appropriate to waive the penalty in this instance. There was a brief discussion about a title company's responsibility, and County Attorney Vitunac advised that generally this is a printed exclusion in the title policy. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0 Chairman Tippin absent) approved the recommendation set forth in the Memorandum. February 17, 1998 50 0 0 • 0 U.C. TREASURE COAST REGIONAL PLANNING COUNCIL - CITY OF SEBASTIAN The Board reviewed a letter of February 12, 1998: City of Sebastian 1225 MAIN STREET o SEBASTIAN. FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 February 12, 1998 Fran B. Adams County Commissioner District 1 Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mrs. Adams: 1v be 13-C RECEIVED FEB 13 1998 CLERK TO THE BOARD The Treasure Coast Regional Planning Council, during its December meeting, announced its voting membership for the 1998 year. As you know, the City of Vero Beach, along with the County Commissioners, hold the permanent voting position with the Regional Planning Council. The other voting membership is shared by the three remaining cities, Town of Indian River Shores, Fellsmere, and Sebastian. The City of Sebastian was a part of the Council's 1997 voting membership and has since been removed, being replaced by Indian River Shores. At the last meeting I talked to Mike Busha, Executive Director for the Council and asked if there would be a problem in keeping the City of Sebastian a voting member since the city is the second largest city in the county. Mr. Busha stated he could see no reason why the Council could not allow Indian River County to have another full time voting member. He also stated that it would be up to the County Commissioners to authorize the additional voting member. If Sebastian holds a full time voting position, then the other two cities would serve as alternates, thereby providing opportunity for more input and views shared by the county to the Council. Growth is rapidly changing our cities and this would prevent the three cities from feeling as if they have no input until their scheduled year on Council. I respectfully request that the City of Sebastian be made a permanent voting member of the Treasure Coast Regional Planning Council and that W. Michael Busha be notified of this request at the next regularly scheduled meeting. Please accept my sincere thank you in advance. WAh Warm Re rds, Lary PaAA, 7;-o Councilman February 17, 1998 51 b0'?K 1 ' s S Commissioner Adams advised that the Sebastian City Council considered the matter of requesting a new permanent voting seat on the TCRPC at their meeting last Wednesday. Commissioner Eggert wanted a letter from the Sebastian City Council and assurances that the Council was interested, not just an individual Councilman. Commissioner Adams suggested they request a corrected letter from the City of Sebastian. She also commented that not everybody wants to attend the TCRPC's meetings. Commissioner Eggertthought the City of Vero Beach should be aware that this matter is being considered. Since they are the County seat and the largest city in the county; she felt the City of Vero Beach should have a permanent voting seat, if they want it, before the City of Sebastian. Commissioner Ginn believed the TCRPC had a formula for membership which gives Indian River County a rotation schedule. She thought it was something that needed to be discussed with the Executive Director of the TCRPC, to learn his thoughts, then bring it back to the Board. Commissioner Eggert had talked with him; his response was it was unusual to have someone who is really interested. Commissioner Adams felt they should support the City of Sebastian's request for a permanent seat, and let the TCRPC deal with it. She agreed that it was unusual to want a seat down there. Vice Chairman Macht suggested that the Board 1) notify the City of Vero Beach that this matter is under consideration; 2) ask the City of Sebastian to send their request under the heading of the City Council; and, 3) depending on that response, to then ask the TCRPC to make available another permanent seat. MOTION WAS MADE by Commissioner Ginn, SECONDED BY Commissioner Eggert, to notify the City of Vero Beach that the Board of County Commissioners is considering a request of the City of Sebastian to have a full-time voting seat in the Treasure Coast Regional Planning Council, to request a letter from the City of Sebastian City Council regarding this matter, and contact the Treasure Coast Regional Planning Council director for input as to the basis of the seats occupied by Indian River County municipalities. February 17, 1998 52 0 0 Commissioner Ginn advised that she would contact Director Mike Busha (TCRPC) on Friday at 9 A.M. Commissioner Eggert reiterated her feeling that the City of Vero Beach should get the first choice of a seat, if the City does not wish it, she had no problem if the City of Sebastian City Council wants a permanent seat and is willing to stay in there. Vice Chairman Macht commented that if he had his way, the organization would be dissolved. The Vice Chairman CALLED THE QUESTION and the motion passed 3-1 (Commissioner Adams opposed, Chairman Tippin absent). COPY OF LETTERS TO CITY OF VERO BEACH AND CITY OF SEBASTIAN ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14.A. EMERGENCY SERVICES DISTRICT (Added on - See page 24) Minutes have been prepared separately. There being no further business, upon motion duly made and seconded, the Vice Chairman adjourned the meeting at 10:08 a.m. ATTEST: - t) �L - (L2- � �t� � Jeffrey . Barton, Clerk Minutes approved /e), /9100 February 17, 1998 53 enneth R. acht, Vice Chairman