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HomeMy WebLinkAbout3/24/1998� MINUTES ATTACHED 0 BOARD OF COUNTY �tOMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A Tuesday, March 24,1998 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 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION None 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert 4• ADDITIONS to the AGENDA/EMERGENITEMS 1. Add Item 5.2., Proclamation Designating the Month of April, 1998 as Keep America Beautiful Month in Indian River County, Florida 2. Add Item 9.8.4., Wabasso - Summerplace Subdivision Seawall Construction Emergency Permits - Department of EnvironnxnW Protection. 3. Add Item 9.C., Announcement of Public Hearing regarding Roberts v. Indian River County for April 7, 1998. 4. Add Item B.A.I., Municipal Representation on Treasure Coast Regional Planning Council.Cities of Vero Beach and Sebastian 5. Add Item 13.A.2., Marcella Wheeler - Paving and Drainage Assessment, Project No. 8707 - Eha L Deckard. 6. Add Item 13.E., Out -of -County Travel to Gainesville, Florida to visit a Traditional Neighborhood Design Development (TND). 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation Honoring Connor Roberts Upon His Retirement from Dept. of Emergency Services Fire Division and Indian River County 1 6. APPROVAL OF MINUTES Regular Meeting of March 3, 1998 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated March 12, 1998) 2-10 B. Payments to Vendors of Court Related Costs (memorandum dated March 13, 1998) 11 C. Approval of RFP and Program Application for Indian River County Children's Services Network (letter dated March 18, 1998) 12-37 D. Request for Final Plat Approval for the Pomelo Subdivision, an Agricultural Planned Development (memorandum dated March 16, 1998) 38-42 E. Lease to Exchange Home of Indian River County (memorandum dated March 17, 1998) 601111, °:u: 9:05 A.M. 7. CONSENT AGENDA (cont'd.): F. Misc. Budget Amendment #12 (memorandum dated March 18, 1998) 8. 9. 10. W CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Leasehold Improvements and Moving Expenses - Indian River County Tax Collector (no backup provided) PUBLIC ITEMS. A. B. C. PUBLIC HEARINGS None PUBLIC DISCUSSION ITEMS 1. Presentation of Harbor Branch Research Services Overview by Environmental Division Director Myron Gunsalus, as Requested at the Prior Discussion of the Piper Trichloroethylene Spill (memorandum dated March 18, 1998) BACKUP PAGES 49-51 52 2. Appeal by Mr. & Mrs. Riddle of the Planning and Zoning Commission's Denial of an Admini- strative Permit Application for a Non -Commer- cial Kennel (Quasi Judicial) (memorandum dated March 18, 1998) 53-74 /2�S Request by Glenn W. Legwen to Speak Regard- ing Traffic Light at the Intersection of King's Highway and 8th Street (letter dated March 13, 1998) 75 PUBLIC NOTICE ITEMS None COUNTY ADMINISTRATOR'S MATTERS Collective Bargaining Strategy Meeting (directly following BCC meeting) (memorandum dated March 18, 1998) DEPARTMENTAL MATTERS A. Community Development None B. Emergen�Services None C. General Services None D. Leisure Services None 76 • 11. DEPARTMENTAL MATTERS (cont'd.): BACK PAGES E. Office of Management and Budget FY 1998/99 Anti -Drug Abuse Grant Funding Certification of Participation (memorandum dated March 18, 1998) 77-84 F. Personnel None G. Public Works 1. 8th St. Right -Of -Way Acquisition 58th Ave. Improvements/Oslo Rd. to 26 St. Parcel No. 127, Clausson P. Lexow, Trustee (memorandum dated March 13, 1998) 85-89 2. Wabasso Causeway Park Improvements Project - Resolution for Florida Inland Navigation District Waterways Assistance Program (memorandum dated March 17, 1998) 90-112 3. Professional Engineering Services Agreement Oslo Road (9th St. SW) Bridge Replacements and Roadway Widening (memorandum dated March 17, 1998) 113-126 4. As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to 60thAve. South of 45th St. in Ponderosa Estates Subdivision (memorandum dated March 10, 1998) 127-135 H. Utilities None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman John W. TipRin B. Vice Chairman Kenneth R. Macht Telecommunications - NACO (memorandum dated March 18, 1998) C. Commissioner Fran B. Adams D. Commissioner Carolyn K. Eggert 136-137 r— BACKUP 13. COMMISSIONERS ITEMS (cont'd ): EO��_ F.��. d PAGES E. Commissioner Caroline D. Ginn 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance or meeting. Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening • INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS MARCH 24, 1998 1. CALL TO ORDER .............................................. -1- 2. INVOCATION ................................................. -1- 3. PLEDGE OF ALLEGIANCE ...................................... -1- 4. ADDITIONS TO THE AGENDA .................................. -1- 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2- 5.1. Proclamation Honoring Lt. Connor Roberts Upon His Retirement - Department of Emergency Services, Fire Division and Indian River County ....................................................... .2- 5.2. Proclamation Designating the Month of April, 1998 as Keep America Beautiful Month in Indian River County, Florida .................. .3- 6. APPROVAL OF MINUTES .....................:................. -4- 7. CONSENT AGENDA ........................................... -5- 7.A. List of Warrants ........................................... -5- 7.B. Payments to Vendors of Court Related Costs ..................... .11- 7.C. RFP 8054 - Program Application for Indian River County Children's Services Network ....................................... -11- 7.D. Pomelo Subdivision - Agricultural Planned Development - Final Plat Approval - James and Lauri Simpson - Carter Associates .......... .15- 7.E. Exchange Home of Indian River County - (Exchange Club Center for Prevention of Child Abuse of the Treasure Coast, Inc.) - Lease - Youth Manor Of Indian River County .............................. .16 - MARCH 24, 1998 • 1 7.F. Miscellaneous Budget Amendment #12 ........................ .17- 8. TAX COLLECTOR - LEASEHOLD IMPROVEMENTS AND MOVING EXPENSES.................................................. .19- 9.B.1. HARBOR BRANCH RESEARCH SERVICES OVERVIEW BY ENVIRONMENTAL DIVISION DIRECTOR MYRON GUNSALUS - PIPER TRICHLOROETHYLENE SPILL (FRANK ZORC - SIDNEY TURNER) .. -23- 9.B.2. RANDY AND ELIZABETH RIDDLE - APPEAL OF PLANNING AND ZONING COMMISSION'S DENIAL OF ADMINISTRATIVE PERMIT APPLICATION FOR A NON-COMMERCIAL KENNEL (QUASI JUDICIAL) ............................................................ .25- 9.B.3. GLENN W. LEGWEN - TRAFFIC LIGHT AT THE INTERSECTION OF KING'S HIGHWAY AND 8TH STREET ............................ .33- 9.B.4. WABASSO - SUMMERPLACE SUBDIVISION - SEAWALL CONSTRUCTION EMERGENCY PERMITS - DEPARTMENT OF ENVIRONMENTAL PROTECTION............................................... .37- 9.C. PUBLIC NOTICE ITEM - ANNOUNCEMENT OF PUBLIC HEARING REGARDING ROBERTS V. INDIAN RIVER COUNTY FOR APRIL 7, 1998 ............................................................ .40- 10. COLLECTIVE BARGAINING STRATEGY MEETING - INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2201 AND TEAMSTERS LOCAL 769 - CONTRACT NEGOTIATIONS .............................. .41- 1 LE. FY 1998-99 ANTI-DRUG ABUSE GRANT FUNDING CERTIFICATION OF PARTICIPATION - FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) ...................................................... .41 - MARCH 24, 1998 • 11.G.1. 8TH STREET RIGHT-OF-WAY ACQUISITION - 58TH AVENUE IMPROVEMENTS (OSLO ROAD TO 26TH STREET) - PARCEL NO. 127 - CLAUSSON P. LEXOW, TRUSTEE, S.E. CITRUS CAPITAL CORPORATION ......................................... -42- 11.G.2. WABASSO CAUSEWAY PARK M'ROVEMENTS PROJECT - RESOLUTION FOR FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM - BRAD SMITH ASSOCIATES, INC . ...................................... -44- 11.G.3. OSLO ROAD (9TH STREET SW) BRIDGE REPLACEMENTS AND ROADWAY WIDENING - PROFESSIONAL ENGINEERING SERVICES AGREEMENT - KIMLEY HORN & ASSOCIATES ............. .46- I LGA. PAVING AND DRAINAGE IMPROVEMENTS TO 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES SUBDIVISION - AS -BUILT RESOLUTION AND ASSESSMENT ROLL - PROJECT #9536 ................................................. .48- 13.A.1. CHAIRMAN TIPPIN - MUNICIPAL REPRESENTATION ON TREASURE COAST REGIONAL PLANNING COUNCIL - CITIES OF VERO BEACH AND SEBASTIAN - TOWN OF INDIAN RIVER SHORES.............................................. .56- 13.A.2. CHAIRMAN TIPPIN - F. MARCELLA WHEELER (PROJECT 8707, ACCOUNT 390013) - PAVING AND DRAINAGE ASSESSMENT - EHA L. DECKARD.......................................... .57- 13.B. VICE CHAIRMAN MACHT - TELECOMMUNICATIONS - NACO SEMINAR, WASHINGTON, D.0 . .......................................... .59- 13.E. COMMISSIONER GINN - OUT -OF -COUNTY TRAVEL TO GAINESVILLE, FLORIDA TO VISIT A TRADITIONAL NEIGHBORHOOD DESIGN DEVELOPMENT (TND) ............................................................ .61 - MARCH 24, 1998 • March 24, 1998 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on Tuesday, March 24, 1998, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Caroline D. Ginn. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PT' Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Tippin called the meeting to order. 2. INVOCATION Commissioner Ginn delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Eggert led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Tippin requested five additions to today's Agenda: 1. Item 5.2., Proclamation designating the month of April,1998 as Keep America Beautiful Month in Indian River County, Florida. 2. Item 9.B.4., Wabasso - Summerplace Subdivision Seawall Construction Emergency Permits - Department of Environmental Protection. 3. Item 9.C., Announcement of Public Hearing regarding Roberts v. Indian River County for April 7, 1998. MARCH 24, 1998 -I- '' rJ1. • I 4. Item 13.A.1., Municipal Representation on Treasure Coast Regional Planning Council - Cities of Vero Beach and Sebastian. 5. Item 13.A.2., Marcella Wheeler - Paving and Drainage Assessment, Project No. 8707 - Eha L. Deckard. Commissioner Ginn requested the addition of Item 13.E., Out of County Travel to Gainesville, Florida, to visit a Traditional Neighborhood Design Development (TND) neighborhood. County Attorney Vitunac announced a typographical error on the Agenda in that there are 2 items listed as 9.B.2. He noted that the Agenda should reflect the second item as Item 9.B.3., Request by Glenn W. Legwen to Speak Regarding Traffic Light at the Intersection of King's Highway and 8`' Street. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above items to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.1. PROCLAMATIONHONORING LT. CONNOR ROBERTS UPONHIS RETIREMENT - DEPARTMENT OFEMERGENCYSERVICES, FIRE DIVISIONAND INDLwRIVER COUNTY Chairman Tippin presented the following Proclamation to Lieutenant Connor Roberts: PROCLAMATION WHEREAS, Connor Roberts announces his retirement from the Department of Emergency Services Fire Division and Indian River County Board of County Commissioners effective March 30, 1998. WHEREAS, Connor Roberts was born May 3, 1941 in Yukon, Florida, and moved to Vero Beach from Jacksonville, Florida in 1965. WHEREAS, Connor Roberts began his employment as a Combat Firefighter in December of 1969. He was promoted to rank of Engineer in February of 1976. WHEREAS, Connor Roberts was promoted on November 29, 1981, and has served in the rank of Fire Lieutenant for the last 17 years. MARCH 24, 1998 WHEREAS, Connor Roberts has consistently demonstrated consummate skills and impeccable standards of performance in the Fire. Division of Indian River County. Lieutenant Roberts will be sorely missed by Fire Division and staff. NOW, THEREFORE, BE IT PROCLA11VIED BY THE BOARD OF COUNTY CONMMSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board wishes to express its appreciation to Connor Roberts for his dedication and exemplary service to Indian River County. BE IT FURTHER PROCLAIMED that the Board wishes him the very best in his future endeavors. Dated this 20 day of March 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA john W. Tippin, h irman 5.2. PROCLAMATIONDESIGNATING THE MONTH OFAPRIL 1998 AS KEEP AMERICA BEAUTIFUL MONTH IN INDIAN RIVER COUNTY FLORIDA Chairman Tippin presented the following Proclamation to Dennis Green, President of Keep Indian River Beautiful: PROCLAMATION DESIGNATING THE MONTN OF APRIL, 1998 AS XZZP AFRICA BEAUTIFUL MONTR IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, Indian River County is rich in beauty and natural resources; and WHEREAS, every citizen should contribute to the preservation of this beauty and the protection of these natural resource; and WHEREAS, Keep America Beautiful Month annually involves millions of Americans in actions to improve the nation's communities through litter prevention and beautification; and WHEREAS, Keep Indian River Beautiful is a local affiliate of Keep America Beautiful, Inc. and will initiate environmental, community -enhancement and educational programs in April: MARCH 24, 1998 -3- NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the month of April, 1998 be designated as SEEP AFRICA BEBUTIFM MDNTS in Indian River County, and the Board urges all residents, businesses, community and youth groups, governmental agencies and other organizations to recognize the programs being offered, and work together to preserve the natural beauty of our community, not only in April, but throughout the entire year. Dated this 24 day of March, 1998. BOARD OF COUNTY COMMSSIONERS INDIAN RIVER COUNTY, FLORIDA ._/ 9 .7 L5 LIQ. Dennis Green, President of Keep Indian River Beautiful, thanked the Board and invited everyone to a cleanup on April 25, 1998. He also reminded the Board that Treasure Coast Refuse and Harris Sanitation have made a $600 challenge to the Commissioners. The Commissioner who brings the most people to the cleanup and has the most material collected will receive a donation of that amount to a charity of their choice. This is an exciting opportunity for volunteers to get involved and the County has been very supportive of this effort. Keep Indian River Beautiful has organized 4 clean-ups in 2 years and has recently opened the "3-R" Center for recycling materials to be used in arts and crafts. 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 3, 1998. There were none. MARCH 24, 1998 • ON - MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of March 3, 1998, as written. 7. CONSENT AGENDA Commissioner Ginn requested that Item 7.C. be pulled for discussion. 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of March 12, 1998: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MARCH 12, 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 March 6 to March 12.1998. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from March 6, 1998 through March 12, 1998, as recommended -by staff. MARCH 249 1998 -5- L • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019227 INDIAN RIVER COMMUNITY COLLEGE 3/06/98 744.00 0019228 DEPARTMENT OF COMMUNITY AFFAIR 3/06/98 -175.00 0019229 COMMERCIAL TITLE SERVICES, INC 3/06/98 7,250.00 0019230 VERO BEACH, CITY OF 3/11/98 207,28 0019231 F P & L 3/11/98 79,48 0237251 JAMES PUBLISHING, INC 2/12/98 .00 0238410 INDIAN RIVER COMMUNITY COLLEGE 3/05/98 0238612 ACTION PRINTERS 3/12/98 .00 5.94 0238613 ADVANCED GARAGE DOORS, INC 3/12/98 1,720.00 0238614 AERO PRODUCTS CORPORATION 3/12/98 231.02 0238615 A G L L 3/12/98 119.38 0238616 ALEXANDER BATTERY COMPANY 3/12/98 316.80 0238617 ALPHA ACE HARDWARE 3/12/98 7.18 0238618 AMERICAN LIBRARY ASSOCIATION 3/12/98 50.00 0238619 ANDREWS FILTER & SUPPLY 3/12/98 169.18 0238620 ACTION ANSWERING SERVICE 3/12/98 309.27 0238621 A 8 S PUMPS, INC 3/12/98 158.00 0238622 ANCESTRY, INC 3/12/98 35.45 0238623 ALPHA HEALTH SERVICE, INC 3/12/98 2,059.23 0238624 ALL RITE WATER CONDITIONING 3/12/98 30.00 0238625 AMERICAN AIR FILTER 3/12/98 239.52 0238626 AT&T WIRELESS SERVICES 3/12/98 26.75 0238627 A T & T 3/12/98 202.87 0238628 ATLANTIC COASTAL TITLE CORP 3/12/98 307.00 0238629 ALL COUNTY EQUIPMENT COMPANY 3/12/98 671.48 0238630 ACTION TRAINING SYSTEMS, INC 3/12/98 135.00 0238631 AMERICAN LIBRARY ASSOCIATION 3/12/98 95.30 0238632 ARCHTECTS & DESIGNERS 3/12/98 223.50 0238633 ARAMARK UNIFORM SERVICES 3/12/98 5,403.47 0238634 ARCH PAGING 3/12/98 408.72 0238635 AMERISYS, INC 3/12/98 380.40 0238636 ACQUARO, JOSEPH & GRALL, 3/12/98 342.48 0238637 A T & T 3/12/98 75.33 0238638 ASCENCION OSORIO 3/12/98 5.00 0238639 ARTS 3/12/98 42.00 0238640 AMERICAN GOLF CLASSICS 3/12/98 81.00 0238641 BAKER DISTRIBUTING CO 3/12/98 35.56 0238642 BOARD OF COUNTY COMMISSIONERS 3/12/98 2,742.32 0238643 BENSONS LOCK SERVICE 3/12/98 8.10 0238644 BLACKHAWK QUARRY COMPANY 3/12/98 999.97 0238645 BLANKENSHIP & ASSOCIATES 3/12/98 108.32 0238646 BRACKETT, ROBERT L 3/12/98 500.00 0238647 BELLSOUTH MOBILITY 3/12/98 181.67 0238648 BARTON, JEFFREY K- CLERK 3/12/98 39,702.38 0238649 BARTON, JEFFREY K -CLERK 3/12/98 3,295.25 0238650 8 & B INDUSTRIAL SUPPLY CO. 3/12/98 2,639.27 0238651 BRIDGESTONE SPORTS, INC 3/12/98 196.20 0238652 BARTON, JEFFREY K -CLERK 3/12/98 5,000.00 0238653 BRODART CO 3/12/98 338.57 0238654 BLATUS, JAMES 3/12/98 704.02 0238655 BOYNTON PUMP & IRRIGATION 3/12/98 151.05 0238656 BELLSOUTH DIRECTORY SALES 3/12/98 422.27 0238657 BLAKESLEE MAINTENANCE 3/12/98 200.00 0238658 BOORS ON TAPE INC 3/12/98 376.00 0238659 BELLSOUTH 3/12/98 969.51 0238660 BEAZER HOMES, INC 3/12/98 361.00 0238661 BAKER & TAYLOR INC 3/12/98 2,044.19 0238662 BMG 3/12/98 86.39 0238663 BRUCE, KELLY 3/12/98 15.45 0238664 CTL DISTRIBUTION INC 3/12/98 662.00 0238665 BIGGERS, GEORGE 3/12/98 65.00 0238666 CASE CONTRACTING COMPANY 3/12/98 500.00 0238667 BALLESTER, ANTONIO 3/12/98 64.38 0238668 BELLSOUTH 3/12/98 104.91 0238669 CAMERON & BARKLEY COMPANY 3/12/98 319.57 0238670 CITRUS MOTEL 3/12/98 123.00 0238671 CLEMENTS PEST CONTROL 3/12/98 178.00 0238672 COASTAL GRAPHICS 3/12/98 477.00 0238673 COLKITT SHEET METAL & AIR, INC 3/12/98 54.75 0238674 COMMUNICATIONS INT'L INC 3/12/98 1,361.23 0238675 COMPUSERVE INCORPORATED 3/12/98 6.24 0238676 CITGO PETROLEUM CORP 3/12/98 2,143.39 0238677 CUSTOM CARRIAGES, INC 3/12/98 3,593.59 0238678 COLLINS & AIRMAN 3/12/98 671.50 0238679 COBRA GOLF, INC 3/12/98 820.77 0238680 CROSSROADS ANIMAL HOSPITAL 3/12/98 57.00 0238681 C-4 IMAGING SYSTEMS INC 3/12/98 26.46 0238682 CUSTOM PUBLISHING SERVICES,INC 3/12/98 552.00 0238683 COPYCO, INC 3/12/98 528.00 0238684 COLUMBIA HOUSE 3/12/98 47.30 0238685 CHARTWELL INC 3/12/98 98.00 MARCH 24, 1998 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0238686 COHABACO CIGAR CO 3/12/98 389.81 0238687 COOPERCRAFT 3/12/98 125.00 0238688 DAVES SPORTING GOODS 3/12/98 410.00 0238689 DEEP SIX DIVE SHOP, INC 3/12/98 161.77 0238690 DEMCO INC 3/12/98 253.10 0238691 DOCTOR'S CLINIC 3/12/98 338.10 0238692 DON SMITH'S PAINT STORE, INC 3/12/98 628.72 0238693 DATA SUPPLIES, INC, 3/12/98 803.87 0238694 DAVIDSON TITLES, INC 3/12/98 231.26 0238695 DRIVEWAYS INC 3/12/98 1,165.24 0238696 DADE PAPER COMPANY 3/12/98 325.27 0238697 DUO -SAFETY LADDER, CORP 3/12/98 115.00 0238698 DOWNTOWN PRODUCE INC 3/12/98 217.00 0238699 DATABASE TECHNOLOGIES INC 3/12/98 23.00 0238700 DILLARD, CASSIE 3/12/98 15.45 0238701 DELO, CRYSTAL 3/12/98 64.38 0238702 E -Z BREW COFFEE SERVICE, INC 3/12/98 498.60 0238703 ELLIS K PHELPS AND CO, INC 3/12/98 381.15 0238704 ENVIROMETRICS, INC 3/12/98 11,096.00 0238705 EXCEL COMPUTER COMPANY 3/12/98 749.00 0238706 EDWARDS, BONNIE 3/12/98 92.70 0238707 ENCLAVE SUITES, THE 3/12/98 80.00 0238708 F G F O A 3/12/98 75.00 0238709 FEDERAL EXPRESS CORP 3/12/98 54.25 0238710 FINNEY, DONALD G 3/12/98 41.47 0238711 FLORIDA EAST COAST RAILWAY CO 3/12/98 392.20 0238712 FLORIDA BAR 3/12/98 12.00 0238713 F P & L 3/12/98 14,069.05 0238714 FLORIDA SLUDGE, INC 3/12/98 5,418.00 0238715 FLETCHER'S TV & APPLIANCE 3/12/98 71.19 0238716 FOOT JOY 3/12/98 1,011.71 0238717 FLOWERS BAKING COMPANY OF 3/12/98 83.91 0238718 FLORIDA TIRE RECYCLING, INC 3/12/98 1,278.60 0238719 FLOW -TECHNOLOGY 3/12/98 167.40 0238720 FMC CORP 3/12/98 4,440.00 0238721 FALCON CABLE TV 3/12/98 25.10 0238722 FLORIDA TRANSCOR, INC 3/12/98 4,595.00 0238723 FALZONE, JESSICA 3/12/98 18.03 0238724 FLORIDA DETROIT DIESEL -ALLISON 3/12/98 75.08 0238725 FELLSMERE, CITY OF 3/12/98 18.93 0238726 FALZONE, KATHY 3/12/98 97.97 0238727 FALZONE, MATTHEW 3/12/98 36.05 0238728 FLORIDA ASSOCIATION OF PUBLIC 3/12/98 60.00 0238729 FALZONE, CHRISTOPHER 3/12/98 36.05 0238730 FORE COMMUNICATIONS, INC 3/12/98 149.00 0238731 F & W PUBLICATIONS INC 3/12/98 14.28 0238732 FIRST AMERICAN TITLE INSURANCE 3/12/98 75.00 0238733 GATEWAY 2000 3/12/98 6,257.00 0238734 GATOR LUMBER COMPANY 3/12/98 29.67 0238735 GENE'S AUTO GLASS 3/12/98 325.57 0238736 GLIDDEN COMPANY, THE 3/12/98 124.43 0238737 GRAYBAR ELECTRIC CO INC 3/12/98 958.34 0238738 GLOBAL COMPUTER SUPPLIES 3/12/98 77,49 0238739 GALE RESEARCH, INC 3/12/98 198.78 0238740 GANGER, CHARISE 3/12/98 16.74 0238741 GROLIER EDUCATIONAL 3/12/98 12.06 0238742 GOODWIN, LAWRENCE M 3/12/98 500.00 0238743 HARRISON UNIFORMS 3/12/98 71.96 0238744 HICKMAN'S BRAKE & ALIGNMENT 3/12/98 1,212.34 0238745 HUNTER AUTO SUPPLIES 3/12/98 1,538.45 0238746 HEWLETT-pACKARD 3/12/98 45.00 0238747 HOLIDAY ROOFING 3/12/98 2,860.00 0238748 HALE CONSTRUCTION, INC 3/12/98 500.00 0238749 HACH COMPANY 3/12/98 489.00 0238750 HEART OF THE LAKES 3/12/98 210.95 0238751 HILL MANUFACTURING 3/12/98 200.00 0238752 BORIZON NURSERY 3/12/98 114.70 0238753 HOMETOWN PET CARE CENTER 3/12/98 12.50 0238754 HATFIELD, ERIC 3/12/98 63.18 0238755 HASENAUER, KRIS 3/12/98 30.00 0238756 HEWITT CONTRACTING CO INC 3/12/98 122 685.05 0238757 HAMILTON CONNECTIONS OF THE 3/12/98 x410.87 0238758 INDIAN RIVER BATTERY, INC 3/12/98 3,509.23 0238759 INDIAN RIVER BLUE PRINT, INC 3/12/98 0238760 INDIAN RIVER COUNTY UTILITY 3/12/98 125.11 0238761 INDIAN RIVER FARMS WATER 3/12/98 1,534.58 0238762 INDIAN RIVER OXYGEN, INC 3/12/98 665.00 0238763 INGRAM 3/12/98 913.25 0238764 INTERSTATE BILLING SERVICE 3/12/98 1,482.31 0238765 INFORMATION ACCESS CO 3/12/98 129.92 0238766 INFILCO DEGREMONT, INC 3/12/98 800.00 3,136.44 MARCH 24, 1998 ,a A� • Liu I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0238767 INDIAN RIVER COUNTY 3/12/98 1,575.00 0238768 INSURANCE SERVICING & 3/12/98 275.00 0238769 IRVINE MECHANICAL, INC 3/12/98 583.17 0238770 INDIAN RIVER COUNTY 3/12/98 720.00 0238771 IRON OFFICE SOLUTIONS 3/12/98 940.23 0238772 ITS AMERICA 3/12/98 645.00 0238773 INTERNATIONAL RESEARCH 3/12/98 35.00 0238774 IRRIGATION CONSULTANTS UNLIMIT 3/12/98 17.78 0238775 JACOBS ELECTRIC MOTOR REPAIR 3/12/98 283.10 0238776 JANIE DEAN CHEVROLET, INC 3/12/98 _ 974.21 0238777 JOHNSON CONTROLS INC 3/12/98 2,352.00 0238778 JOSEPH, RENNETS 3/12/98 30.00 0238779 JACK MURRAY CONSTRUCTION 3/12/98 500.00 0238780 KIMLEY-HORN & ASSOCIATES, INC 3/12/98 398.25 0238781 KARL, JAMES W 3/12/98 105.00 0238782 KIRBY AUTO SUPPLY 3/12/98 34.22 0238783 XT MOWER & EQUIPMENT 3/12/98 36.85 0238784 KLINK, RICHARD 3/12/98 1,584.00 0238785 KEEP INDIAN RIVER BEAUTIFUL 3/12/98 1,483.29 0238786 KEPLEY, STEPHEN OD 3/12/98 81.00 0238787 LAWMEN & SHOOTERS SUPPLY 3/12/98 48.75 0238788 LENGEMANN OF FLORIDA, INC 3/12/98 154.46 0238789 LOWE'S SOME CENTERS, INC 3/12/98 561.56 0238790 L B SMITH, INC 3/12/98 35.90 0238791 LIGHT SOURCE BUSINESS SYSTEMS 3/12/98 1,670.87 0238792 LEXMARX INTERNATIONAL, INC 3/12/98 268.20 0238793 LETTIERE, DOMINIC J CPA 3/12/98 2,900.00 0238794 LACHNITT, CARL A 3/12/98 500.00 0238795 LUCENT TECHNOLOGIES 3/12/98 35.20 0238796 LOWE'S HOME CENTERS, INC 3/12/98 36.00 0238797 LANGSTON, HESS, BOLTON,ZNOSKO 3/12/98 1,178.79 0238798 LINCOLN INVESTIGATIONS 3/12/98 169.60 0238799 MAC PAPER, INC 3/12/98 891.95 0238800 MACMILLAN OIL COMPANY 3/12/98 180.30 0238801 MAXWELL PLUMBING, INC 3/12/98 127.07 0238802 MUNICIPAL CODE CORP 3/12/98 1,415.91 0238803 MEISTER PUBLISHING CO 3/12/98 128.95 0238804 MIAMI ELEAVTOR COMPANY 3/12/98 1,958.00 0238805 MCMASTER-CARR SUPPLY COMPANY 3/12/98 28.38 0238806 M & R SPORTSWEAR 3/12/98 35.47 0238807 MIDWEST TAPE EXCHANGE 3/12/98 43.85 0238808 MR BOB PORTABLE TOILET 3/12/98 794.12 0238809 MGE UPS SYSTEMS INC 3/12/98 7,846.00 0238810 MGB CONSTRUCTION INC 3/12/98 500.00 0238811 MCGUIRE, GEORGE SEAN 3/12/98 138.48 0236812 MAX DAVIS ASSOCIATES INC 3/12/98 284.90 0238813 MAXFLI GOLF DIVISION 3/12/98 266.19 0238814 NEW READERS PRESS 3/12/98 1,052.72 0238815 NORMAN LATHROP ENTERPRISE 3/12/98 36.93 0238816 NATIONAL GEOGRAPHIC VIDEO 3/12/98 23.70 0238817 NATIONAL REGISTER PUBLISHING 3/12/98 1,064.65 0238818 NATIONAL PROPANE CORP 3/12/98 51.31 0238819 NU CO 2, INC 3/12/98 65.75 0238820 NAPIER, WILLIAM MATT 3/12/98 47.27 0238821 NASS SERVICE COMPANY, INC 3/12/98 120.88 0238822 NORTHWEST AIRLINES 3/12/98 300.00 0238823 OFFICE PRODUCTS & SERVICE 3/12/98 978.76 0238824 OSBORN, MERLE RN 3/12/98 94.00 0238825 OSCEOLA MEDICAL SUPPLY 3/12/98 70.00 0238826 ORIENTAL MERCHANDISE CO 3/12/98 520.02 0238827 OCLC / FOREST PRESS 3/12/98 325.00 0238828 OFFICE DEPOT, INC 3/12/98 1,426.55 0238829 ODYSSEY GOLF 3/12/98 94.57 0238830 PEACE RIVER ELECTRIC 3/12/98 175.42 0238831 PERKINS DRUG, INC 3/12/98 195.93 0238832 PERKINS INDIAN RIVER PHARMACY 3/12/98 90.00 0238833 PETTY CASH 3/12/98 190.30 0238834 POST, LORRAINE M 3/12/98 302.97 0238835 PUBLIX SUPERMARKET 3/12/98 213.24 0238836 PROCTOR CONSTRUCTION 3/12/98 500.00 0238837 POSTMASTER 3/12/98 268.65 0238838 PORT PETROLEUM, INC 3/12/98 294.67 0238839 PUBLIX 3/12/98 207.90 0238840 POLK 3/12/98 365.00 0238841 PRESS JOURNAL 3/12/98 112.96 0238842 PAGE, LIVINGSTON 3/12/98 30.00 0238843 PAGENET OF FLORIDA 3/12/98 10.51 0238844 PANGBURN, TERRI 3/12/98 48.00 0238845 PRESS JOURNAL/STUART NEWS 3/12/98 1,155.70 0238846 POMEROY COMPUTER RESOURCES 3/12/98 254.72 0238847 PECORARO, SALVATORE 3/12/98 70.00 0238848 PUBLIX 3/12/98 146.00 0238849 QUALITY BOOKS, INC 3/12/98 53.96 MARCH 24, 1998 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0238850 RADIO SHACK ACCT RECEIVABLE 3/12/98 176.97 0238851 CSR RINKER MATERIALS 3/12/98 198.40 0238852 RUSSELL CONCRETE, INC 3/12/98 1,304.25 0238853 RUSSO PRINTING, INC 3/12/98 209.59 0238854 ROBERTS & REYNOLDS PA 3/12/98 1,499.23 0238855 REED ELSEVIER NEW PROVIDENCE 3/12/98 960.25 0238856 RUBBER STAMP EXPRESS & MORE 3/12/98 50.07 0238857 RISSMAN, WEISBERG, BARRETT, 3/12/98 122.82 0238858 SAFETY EQUIPMENT COMPANY 3/12/98 149.23 0238859 SAFETY KLEEN CORP 3/12/98 162.00 0238860 SEITNER SALES 3/12/98 13.25 0238861 SEWELL HARDWARE CO, INC 3/12/98 45.50 0238862 SHERATON HARBOR PLACE 3/12/98 95.00 0238863 SOUTHERN ELECTRIC SUPPLY 3/12/98 58.99 0238864 SOUTHSIDE,ANIMAL HOSPITAL 3/12/98 196.00 0238865 STURGIS LUMBER & PLYWOOD CO 3/12/98 294.08 0238866 SUN COAST WELDING SUPPLIES INC 3/12/98 82.40 0238867 ST LUCIE PAPER & PACKAGING,INC 3/12/98 1,145.10 0238868 SCHOLARLY RESOURCES, INC 3/12/98 79.75 0238869 SERVICE REFRIGERATION CO, INC 3/12/98 84.00 0238870 SIMON & SCHUSTER 3/12/98 622.32 0238871 SHERWOOD, FRANCES G 3/12/98 30.38 0238872 SCHOOL DISTRICT OF IRC 3/12/98 11050.00 0238873 SOUTHERN SEWER EQUIPMENT SALES 3/12/98 60.92 0238874 SALEM PRESS, INC 3/12/98 79.00 0238875 SUPERIOR PRINTING 3/12/98 64.90 0238876 SYSCO FOOD SERVICES OF 3/12/98 466.84 0238877 SIMS, MATTHEW 3/12/98 133.98 0238878 SOUTHERN SECURITY SYSTEMS OF 3/12/98 813.00 0238879 SUNSHINE STATE ONE CALL 3/12/98 434.69 0238880 STAGE & SCREEN 3/12/98 31.28 0238881 STEPHENS, ROBERT E 3/12/98 90.00 0238882 SUPERIOR SIGNALS INC 3/12/98 208.90 0238883 SHARMA, BALDEV K & SURESHI K 3/12/98 223.13 0238884 SCALES BUILDING CORP 3/12/98 500.00 0238885 SIMPKINS, LEE 3/12/98 500.00 0238886 SCHOOL DISTRICT OF IRC 3/12/98 11019.95 0238887 STEWART TITLE OF INDIAN RIVER 3/12/98 10,000.00 0238888 SECURITYLINK FROM AMERITECH 3/12/98 45.00 0238889 TEN -8 FIRE EQUIPMENT, INC 3/12/98 7,238.52 0238890 TITLEIST DRAWER 3/12/98 1,190.40 0238891 TRODGLEN PAVING, INC 3/12/98 532.88 0238892 TREASURE COAST REFUSE CORP 3/12/98 272.86 0238893 T-SHIRT FACTORY 3/12/98 102.55 0238894 TREASURE COAST CONTRACTING,INC 3/12/98 3,500.00 0238895 TLG 3/12/98 2,400.00 0238896 TRANS -GENERAL LIFE INSURANCE 3/12/98 5,597.96 0238897 THOMPSON PUBLISHING GROUP, INC 3/12/98 293.50 0238898 TRI -COUNTY GAS 3/12/98 107.97 0238899 TRUGREEN CHEMLAWN 3/12/98 103.00 0238900 TRUMPET SOFTWARE INTL PTY LTD 3/12/98 625.00 0238901 THE TEACHING CO 3/12/98 0238902 UNIVERSITY OF CENTRAL FLORIDA 3/12/98 10.00 0238903 US FILTER DISTRIBUTION GROUP 3/12/98 150.00 0238904 UNDERGROUND INDUSTRIES INC 3/12/98 12,515.51 0238905 IIS GEOLOGICAL SURVEY 3/12/98 86,331.60 0238906 VELDE FORD, INC 3/12/98 16.00 1,956.87 0238907 VERO BEACH PRINTING CO 3/12/98 0238908 VERU BEACH, CITY OF 3/12/98 174.00 207.10 0238909 VERU REACH, CITY OF 3/12/98 65,972.01 0238910 VERO CHEMICAL DISTRIBUTORS,INC 3/12/98 569.27 0238911 VERO LAWNMOWER CENTER, INC 3/12/98 300.69 0238912 VERO'S MOTEL 3/12/98 76.00 0238913 VERO BEACH POLICE DEPARTMENT 3/12/98 25.00 0238914 VERO HEARING & BOLT 3/12/98 157.76 0238915 VOLUNTEER ACTION CENTER 3/12/98 50.00 0238916 V -ONE PRODUCTIONS 3/12/98 400.00 0238917 VASQUEZ, JOSEPH 3/12/98 30.00 0238918 WAL-MART STORES, INC 3/12/98 1,022.71 0238919 WALGREENS PHARMACY #03608 3/12/98 11180.99 0238920 WEST PUBLISHING PAYMENT CTR 3/12/98 65.50 0238921 WRIGHT, DOUGLAS M 3/12/98 158.03 0238922 WW GRAINGER, INC 3/12/98 18.59 0238923 WINN DIXIE STORES, INC 3/12/98 507.43 0238924 WAL-MART STORES, INC 3/12/98 185.67 0238925 WIGINTON FIRE SPRINKLERS,INC 3/12/98 2,450.00 0238926 WILLHOFF, PATSY 3/12/98 130.00 0238927 WM THIES & SONS, INC 3/12/98 215.20 0238928 WATER ENVIRONMENT FEDERATION 3/12/98 92.00 0238929 WILSON, MARGARET F 3/12/98 6.00 0238930 WHITESIDE PARTS & SERVICE INC 3/12/98 23.68 0238931 WOLFE, MEGAN 3/12/98 30.90 0238932 WSCF-FM 3/12/98 300.00 MARCH 24, 1998 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0238933 WEST GROUP PAYMENT CTR 3/12/98 187.25 0238934 WOODWARD WANGER CO 3/12/98 581.41 0238935 WOLFE, ERIN 3/12/98 .30.90 0238936 XEROX CORPORATION 3/12/98 2,340.68 0238937 YAVORSKY'S TRUCK SERVICE,INC 3/12/98 28.35 0238938 Y2K ENTERPRISES INC 3/12/98 29.95 0238939 ZEE MEDICAL SERVICE 3/12/98 104.67 0238940 ZIMMERMANN, KARL 3/12/98 101.70 0238941 ZEPHYRHILLS NATURAL SPRING 3/12/98 9.50 0238942 ZUKOWSKI, DAVID 3/12/98 40.00 0238943 ZIMLINGHAUS, BERNARD 3/12/98 195.00 0238944 RODDENBERRY, ALFRED 3/12/98 258.41 0238945 BLOOMINGBURG, OTTO H 3/12/98 296.20 0238946 PARRIS, MATTHEW 3/12/98 38.05 0238947 HIGHTOWER, JUNE L 3/12/98 11.87 0238948 EMRICK MGMT SERVICES, INC 3/12/98 15.58 0238949 LINGO, THEODORE 3/12/98 9.92 0238950 UNDERGROUND INDUSTRIES 3/12/98 95.13 0238951 HOFER, MADONNA 3/12/98 53.52 0238952 NEW, DR MARC & KAREN 3/12/98 28.30 0238953 WILLETT, MASON H 3/12/98 17.44 0238954 ALDRIDGE, MICHAEL 3/12/98 14.68 0238955 SHIRLEY, LAURA D 3/12/98 63.04 0238956 SMITH, JACK G 3/12/98 21.92 0238957 SEDELMAIER, DAVID 3/12/98 19.39 0238958 GRANT, WESSEL 3/12/98 62.06 0238959 J G C INVESTMENTS 3/12/98 695.97 0238960 SMITH, ELIZABETH C 3/12/98 80.00 0238961 GARCIA, ARTURO 3/12/98 50.43 0238962 WAGNER, JOHN & NANCY 3/12/98 29.64 0238963 LESTER, BOYD H 3/12/98 35.85 0238964 RUSTIC DIMENSIONS, INC 3/12/98 35.47 0238965 HOLIDAY BUILDERS 3/12/98 59.54 0238966 MURPHY, ROBERT J 3/12/98 54.09 0238967 JOHNS, LEROY 3/12/98 2.07 0238968 SMITH, FRANCIS ANN 3/12/98 59.84 0238969 FOSTER, KEVIN 3/12/98 68.57 0238970 ROODE, LYNDA K 3/12/98 29.87 0238971 SABONJOHN, JAMES 3/12/98 13.49 0238972 LINVILLE, FRANCES F 3/12/98 20.73 0238973 KEVIN S HAWKINS, INC 3/12/98 63.84 0238974 CLINGER, MATTHEW N 3/12/98 63.41 0238975 LOVELL, JERRY 3/12/98 32.98 0238976 CORNERSTONE SELECT HOME, INC 3/12/98 7.58 0238977 HODGES, GARNER B 3/12/98 32.71 0238978 CROSS, MAX 3/12/98 67.78 0238979 MUSSER, HARVEY K 3/12/98 20.82 0238980 VILLAGE WALK, INC 3/12/98 44.32 0238981 FISCHER, CATHY & JOHN 3/12/98 87.61 0238982 COLSON, BENNIE 3/12/98 16.96 0238983 COASTLINE DEVELOPMENT, INC 3/12/98 9.96 0238984 MUNDY, DONNA M 3/12/98 25.36 0238985 FLORDELIZA, LICILLE 3/12/98 48.17 0238986 CLM REALTY TRUST -B 3/12/98 103.94 0238987 CLIFFORD, ANGELA 3/12/98 39.58 0238988 DAVIDIAN, BABAJAN B 3/12/98 39.07 0238989 FLEMMING, REACOLA 3/12/98 48.80 0238990 MONHART, DAVID 3/12/98 63.38 0238991 POCKET CHANGE AMERICA INC 3/12/98 69.88 0238992 WILLIAMS, ADAM D 3/12/98 52.71 0238993 JOBE, JENNIFER 3/12/98 56.64 0238994 BONADONNA, RICHARD 3/12/98 9.65 0238995 NAYLOR, AMANDA & JIM 3/12/98 37.88 0238996 ROBERTSON, PATRICIA J 3/12/98 30.37 MARCH 24, 1998 -10- 570,926.46 • 7.B. PAYMENTS TO VENDORS OF COURT RELATED COSTS The Board reviewed a Memorandum of March 13, 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attomey`I I' DATE: March 13, 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 March 2 through Mach 13, 1998. Listed below are the vendors names and the amount of each court related costs. Medical Record Services, Inc. Records Search 10.55 Medical Record Services, Inc. Records Search 12.78 Floyd Evans Court Interpreter 62.50 JR Reporting Associates, Inc. Transcriptions 57.50 Edward J. Abare, III Travel 8.70 Linda Copeland Transcriptions 150.50 Linda Copeland Transcriptions 73.50 Peggy Gollnick Transcriptions 45.50 Peggy Gollnick Transcriptions 77.00 Shelia I. Flinn Transcriptions 147.00 Shelia I. Flinn Transcriptions 24.50 Marsha Stiller/Martin Co. Clerk Records Search 8.00 Patricia B. Held Transcriptions 45.50 Patricia B. Held Transcriptions 234.50 Patricia B. Held Transcriptions 110.50 T. Charles Schafer, Esq. Legal Services 119.32 Barbara G. Schopp Transcriptions 119.00 Linda Copeland Transcriptions 45.50 Linda Copeland Transcriptions 24.50 Linda R. Phillips Transcriptions 38.50 Linda R. Phillips Transcriptions 150.50 Linda R. Phillips Transcriptions 59.50 Shirley E. Corbin Transcriptions 220.50 Floyd Evans Court Interpreter 25.00 JR Reporting Associates, Inc. Court Reporter 25.00 Floyd Evans Court Interpreter 25.00 Floyd Evans Court Interpreter 25.00 Katharine R. Hammond, Esq. Legal Services 1,000.00 John J. Schmidt Witness Reimbursement 31.32 JR Reporting Associates, Inc. Transcriptions 45.00 JR Reporting Associates, Inc. Transcriptions 72.50 Total $3,094.67 ate- ?m FrP C"- :v T Y ATT;;= ,Py No action required or taken. 7.0 RFP 8054 - PROGRAMAPPLICATION FDR INDIANRB rER COUNTY CHILDREN'S SER vICESNETWORK The Board reviewed a letter of March 18, 1998: MARCH 24, 1998 � C'r+. � fa � ►�. is TelBptwne: (407) 5679000 March 18, 1998 BOARD OF COUNTY COMMISSIONERS 1840 25th Streets Veru Beach, Florida 32960 Indian River County Commission, Chair John W Tippin 1840 25" Street Vero Beach, FL 32960 Dear Commissioners, S- TelWwne: 224.1011 At the March 9`s meeting of the Indian River County Children's Services Network approval was given to present, for your approval, the attached RFP and Program application forms. The Children's Services Network would recommend advertising of the RFP as soon as possible. This would give agencies or individuals the time to present a well designed document, and for the Grant Review and Program sub -committee to review each application, make a recommendation to the board by May of 1998. Submitted by Children's Services Network Commissioner Ginn separated this item from the Consent Agenda because she feels we are not ready to put out an RFP. She has not seen a needs assessment, as required under the Guide, and the asset mapping was just recently approved. She believed this would be "putting the cart before the horse". She also noted that she had requested copies of the Minutes of the meetings and had not received any minutes since January 12, 1998. MARCH 24, 1998 Commissioner Macht felt that we have comprehensive needs assessments and there has never been much doubt that the principal problems are drug and substance abuse. That was emphasized during his recent trip to Washington, D.C. where Speaker of the House Newt Gingrich assured the group that substance abuse programs are a priority of national government. The group also met with Bill Moyers of PBS who will be airing an excellent program on drug abuse in the next few weeks. He felt comfortable with proceeding with the information now available. The needs of children can't wait. He also reminded the Board that every dollar to be spent will be presented for their approval. Commissioner Eggert felt the RFP is a natural progression. Commissioner Ginn reiterated that she has not received any report on the needs assessment or the asset mapping and felt that the Board would be voting without adequate background information. She emphasized that the minutes she had requested are not in her box and that she expected them to be delivered there. Commissioner Eggert reminded the Board of their recent difficulties with secretarial employees leaving and asked that they remain patient with any delays. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Macht, that the Board approve advertising RFP 8054 as soon as possible in order to give agencies or individuals the time to present a well-designed document; for the Grant Review and Program Sub -Committee to review the applications; and for recommendations to be made to the Board by May of 1998, as recommended by staff. Chairman Tippin recognized Jinn Granse from the audience. Jim Granse of 36 Pine Arbor Lane commented that he had not seen the words "parents" or "parental" or "hospitalization" in any of the backup for the Children's Services Network. He felt that governmental officials believe they must vote "yes" whenever the word "children" is mentioned. He was concerned about the number of organizations possibly involved and the funds which will be required to fund the programs. MARCH 24, 1998 w .`� ��V� d y. -13- &%0� I Commissioner Macht was frustrated with the firestorm that has erupted over unmet children's needs. He noted that the Board could pass a V2 million dollar budget for animal control and nearly 3/4 of a million dollars for the elderly and not a word is spoken in opposition. However, attempts to meet the needs of children are constantly impeded every step of the way. He noted that today's society contains assaults on every front that separate parents from children and reminded the Board that parents cannot be consulted and trained when they are in jail, on drugs, or the father is unknown. The parents of today's children need to be trained and counseled in all aspects of parenting. Fighting substance abuse takes money and he was extremely frustrated with the continuing assaults on this program. He felt that the program has not been given a chance and that the appointed representatives had also not been given a fair chance to institute the program. Chairman Tippin CALLED THE QUESTION, but Commissioner Ginn believed she should be allowed to respond. Chairman Tippin noted that the Board has a lot of business to get through today and this is a very emotional subject. Commissioner Ginn did not believe that public discourse is necessarily emotional and stated that her remarks were not based on emotions. She felt very strongly that when taxpayer dollars are being spent there should be an effort made to assure that there is really a need that is not being met. She emphasized again that she wanted to receive the needs assessments, the asset mapping and the copies of the minutes of the meetings. She also noted that her objections have nothing to do with being against children as she has 5 of them. Commissioner Macht stressed that the Substance Abuse Council, the judiciary, the school system and numerous other organizations do not have nearly enough fiends for the effort involved. He strongly believed that if you can keep a child from getting in trouble, you have saved the community a very great deal of money. He again reminded the Commissioners that no funds will be expended until approved first by a citizen's committee, which makes recommendations to the Children's Services Network, which then brings the project to the Board for final approval. THE CHAERNIAN CALLED THE QUESTION and the motion passed by a 4-1 vote (Commissioner Ginn opposed). MARCH 24, 1998 • ZD. POMELO SUBDIVISION -AGRICULTURAL PLANNED DEVELOPMENT - FINAL PLAT APPROVAL -.TAMES AND LAURI SIMPSON- CARTER ASSOCIATES The Board reviewed a Memorandum of March 16, 1998: TO: James E. Chandler County Administrator Dl>qSVN HEAD CONCURRENCE: Robert M. Keating, :AICD Community Developmen( Dir� -4— THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad Z 9 Staff Planner, Current Development DATE: March 16,1998 SUBJECT: Request for Final Plat Approval for the Pomelo Subdivision, an Agricultural Planned Development It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 24, 1998. DESCRIPTION AND CONDITIONS: At its April 22, 1997 meeting, the Board of County Commissioners granted special exception use approval for a 4 lot agricultural planned development (PD) to be known as Pomelo Subdivision. The subject site is located on the south side of 49th Street, '/� mile west of 66th Avenue. Since the subject property is outside of the Urban Service Area and has an agricultural zoning and land use designation, subdivision of the property required submittal of an agricultural PD. By the Board's action in granting PD plan approval, the preliminary Plat reviewed and approved by the Planning and Zoning Commission became effective. The submitted final plat is consistent with the approved conceptual and preliminary PD plans. Carter Associates, Inc., as agent for the property owners James and Lauri Simpson, is requesting final plat approval and has submitted the following: A final plat in conformance with the approved conceptual and preliminary PD plats; 2. Certificate of completion for required subdivision improvements. All required subdivision improvements for the Pomelo agricultural planned development have been constructed (stabilized unpaved road and stormwater management improvements), and have been inspected by the Public works Department for compliance with county land development standards. Subsequently, Public works has issued a certificate of completion for the project. No Department of Utility Services review was necessary because no utility services are required or proposed. It should be noted that all improvements within the Pomelo PD will be private and, therefore, no warranty maintenance agreement or security is required. with the issuance of the certificate of completion, the applicant has satisfied all prerequisites to final plat approval. Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for the Pomelo PD. MARCH 24, 1998 -15-'o`' F,i;E4 • ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously granted final plat approval for the Pomelo Subdivision - Agricultural Planned Development, as recommended by staff. 7.E. EXCHANGE HOME OFINDLwRIVER COUNTY- (EXCHANGE CLUB CENTER FOR PREVENTION OF CHILD ABUSE OF THE TREASURE COAST. INC) - LEASE - YOUTHMANOR OF INDLANRIVER COUNTY The Board reviewed a Memorandum of March 17, 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney'f H.T. "Sonny" Dean, Director of General Services DATE: March 17, 1998 SUBJECT: Lease to Exchange Home of Indian River County In January 1981, the County entered into a 40 year lease with Exchange Home of Indian River County at a nominal rent of $1.00 per year. The lessee agreed to construct facilities to provide living space for minors who met certain criteria such as abused and neglected. The home was operated for approximately sixteen years until funding became very difficult to secure. Operations ceased approximately two years ago. Exchange Castle was going to take over the project but funding did not materialize. A letter from attorney Eugene ONeill which details the history of the project is attached. In addition a letter from Exchange Castle requesting their removal from the lease is attached. There is also a letter (copy attached) from the Children's Home Society of Florida expressing interest in taking over the project. In view of the foregoing, it is recommended that the following actions be taken: 1. Declare the original 40 year lease null and void due to abandonment by the lessee. 2. Authorize staff to explore possible replacement entities so the project may be resumed. MARCH 24, 1998 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously declared the original 40 --year lease with Exchange Home of Indian River County (subsequently assigned to Exchange Club Center for Prevention of Child Abuse of the Treasure Coast, Inc.) null and void due to abandonment by the lessee and authorized staff to explore possible replacement entities so the project may be resumed, as recommended by staff. 7.F. MiscELL, NEOUS BUDGET AMENDMENT #12 The Board reviewed a Memorandum of March 18, 1998: TO: Members of the Board of County Commissioners DATE: March 18, 1998 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 012 CONSENT AGENDA FROM: Joseph A. Baird" OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The Emergency Services District received a $4,170 donation from the Vero Beach Volunteer Fire Deparment for a laptop computer. The attached entry appropriates funding. 2. On February 24, 1998 the Board of County Commissioners approved an adjustment to the SherifFs budget in the amount of $101,310 for the January 1998 Broward prisoner revenue. 3. On March 10, 1998 the Board of County Cm►uaissiouers approved an adjustment to the Sheriffs budget in the amount of$105,050 forthe February 1998 Broward prisoner revenue. 4. The attached entry appropriates funding for the Community Development Block Grant in the amount of $750,000 and the local match of 576,000. The local match is to be transferred from General Fund contingencies. 5. On August 27, 1997 the Solid Waste District received a Litter and Debris grant in the amount of 519,165 which we passed on to Keep Indian River Beautiful. 6. On August 6, 1997 the Board of County Commissioners approved a Recycling and Education Grant in the amount of 565,144. 7. On February 17, 1998 the Emergency Services District approved purchasing land for a fire station ou the barrier island in the amount of$115,000. The attached entry appropriates funds from the Emergency Services District. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. MARCH 24, 1998 -17- L ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Miscellaneous Budget Amendment #12, as recommended by staff. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT: 012 DATE: March 18. 1998 Entry Number FwWdDepamnent/Account Name Account Number Increase Decrease 1. REVENUES EMERGENCY SERVICES DISTRICT/Donations 114-000-366-094.00 $4,710 $0 EXPENSES EMERGENCY SERVICES DISTRICT/Computer Hardware Upgrade 114-120-522-035.13 $4,710 $0 2. REVENUES GENERAL FUNDBroward Prisoner Revenue 001400-341-057.00 $101,310 $0 EXPENSES GENERAL FUND/Sheriff Law Enforcement 001-600-586-099.04 $73,680 $0 GENERAL. FUND/Sheriff Detention 001-600-586-099.14 $27,630 $0 3. REVENUE GENERAL FUNDBroward Prisoner Revenue 001-000-341-057.00 $105,050 $0 EXPENSE GENERAL FUND/Sheriff Law Enforcement 001-600-586-099.04 $76,400 $0 GENERAL FUND/Sheriff Detention 001-000-586-099.14 $28,650 $0 4. REVENUE CDBG/Grant 1294X)0-331-392.00 $750,000 $0 CDBG/hansfer In 129-000-381-020.00 $76,000 $0 EXPENSE ICD .,.,I Services 129-130-513-033.19 $57,000 $0 CDBG/Engineering 129-131-533-033.13 $104,000 $0 CDBG/Constrvction in Progress 129-132-533-066.51 $22,000 $0 CDBG/Construction in Progress 129-134-541-066.51 $299,850 $0 CDBG/Construction in Progress 129-135-533-066.51 $285,150 $0 CDBG/Water Service 129-135-533-066.54 $16,000 $0 CDBG/Constructimr in Progress 129-136-533-066.51 $42,000 $0 GENERAL FUND/Funds Transfer Out 001-199-581-099.21 $76,000 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $76,000 MARCH 24, 1998 • TO: Members of the Board of County Commissioners FROM: Joseph A. Baird ' OMB Director i BUDGET AMENDMENT: 012 DATE: March 18, 1998 BOY Number Funds/Department/Account Name Account Number Increase Decrease 5. REVENUES SWDDA!tw and Debris Grant 4114000-334-032.60 $19,165 $0 EXPENSES SWDD-ICI.R.B. 411-255-534-088.84 $19,165 $0 6. REVENUES SWDDMecycling and Education Grant 411-000-334-323.00 $65,144 $0 EXPENSES SWDD/RecyclmWCcmputer Hardware 411-255-534-035.13 $2,144 $0 SWDD/RecyclinWOtlmr Operating 411-255-534-03529 $3,000 $0 SWDD/Recycling/Maint. Except Bldg. 411-255-534-034.66 $60,000 $0 7. REVENUE ESD/Cash Forward 1144)00-289-040.00 $115,000 $0 EXPENSE ESD/Fire Services/i.and 114-120-522-066.11 $115,000 $0 8. TAX COLLECTOR - LEASEHOLD IMPROVEMENTS AND MOVING EXPENSES Tax Collector Karl Zimmermann noted that his main purpose is to try to provide better service to the citizens of Indian River County. The aim is to have a more convenient office where citizens can receive services and quickly move on. The current offices in the Administration Building do not afford the opportunity to accomplish that role. Each of the services afforded to citizens has a fee attached to pay for those services. These fees are currently sufficient to make the renovations contemplated. However, County Budget staff MARCH 24, 1998 -19- t ooy 1 - " FaGE ? Fr- 6 do �, I U 4 F P,I,-�E 7,,,�,j -7 had requested that he use the 1¢ sales tax funds as the fees collected are turned back to County Government and are not restricted as to their use, while sales tax funds are restricted to capital expenditures. At the last meeting, Tax Collector Zimmermann had asked if anyone had any problem with this method of accomplishing the renovations and there was no response. Mr. Zimmermann continued that he is elected by the citizens as an agent of state government, maintaining an agency relationship with the Florida Department of Revenue (DOR) in issuing vessel and vehicle titles with oversight responsibility for the collection of taxes. As a constitutional officer, the Tax Collector does not report to the County Commission but reports directly to the citizens of the County. The Tax Collector has maintained 2 branch offices in Sebastian and Ryanwood which are organized so that each employee is available to handle either vehicles and vessels, occupational licenses, or taxes and hunting and fishing licenses. He anticipates being able to organize his main office in a similar fashion once his office space is adequate to the task. His office also collects paving assessments for the County and, at the Board's request, will eventually collect the tourist development taxes. Tax Collector Zimmermann then introduced two of his employees to give the results of an informal survey conducted by the Tax Collector's Office regarding the number of people coming into the offices, what they were there for, and whether or not they needed a referral to another department. Debbie Gee, Manager of Taxes and Occupational, Hunting and Fishing Licenses, explained they had performed a very unscientific survey, simply counting the people that came in, with couples being counted as 1 person. 94 people came into their department yesterday and they referred 10 of those people to other departments. 6 of the 10 were referred to Zoning to the Planner of the Day to apply for occupational licenses for doing business from home. The application is made to the Zoning Department and the Tax Collector's Office issues the license. It would be very simple to have a telephone available to call the Planner of the Day, who could then FAX these approvals to the new location. There were 2 referrals to the Building Department regarding issuance of occupational licenses to be a contractor and 2 referrals to the Property Appraiser's Office; 1 due to a misspelling of a name and 1 due to an address change. Stephanie Pooley, Manager of Vehicle and Vessel Services, noted they had 185 people in their office yesterday and completed 289 transactions, including mail transactions. They had 1 referral to the Property Appraiser's Office dealing with a refund from the State of Florida on a "RP" (mobile home real property) decal. MARCH 24, 1998 -20- 0 • Ms. Pooley continued that the employees in her department must accompany people outside to physically check their vehicles and sometimes they have to circle the entire building to locate the vehicle. Her biggest concern is for disabled persons who have to walk so far to get to their office in the middle of the building. They occasionally have to borrow the County's wheelchair to get these people back to their vehicles. They are averaging 312 transactions per day, which does not include vessel tag renewals. Tax Collector Zimmermann noted that persons applying for handicapped tags for their vehicles must physically come into the office to initially apply for and again to renew these tags pursuant to state law. These persons include those with no sight, no hands, and no legs. The motivating factor in relocating the offices is to set up an efficient and convenient government facility. The Tax Collector's Office would not move into the proposed new County Administration Building if they move now and there will be costs involved whether they move now or later. He does not have an estimate on the moving costs at this time but his office is working in facilities not designed for the computer age. The desks on which computers were installed are causing problems such as carpal tunnel syndrome. The workers' compensation payments, operations and physical therapy involved with these syndromes are enormous. He felt that the results of the informal survey indicated that his office should be set up to accommodate the 96% of citizens who came into the office for services readily available from the Tax Collector's Office, rather than the 4% who were referred to other departments. Those referrals could have easily been handled by telephone or FAX. Mr. Zimmermann noted that he could choose to arrange a budget amendment with the Department of Revenue, using his collected fees for moving costs. His only purpose in requesting the 1¢ sales tax funds was because County staff had requested that he do that. Commissioner Ginn stated that she had the greatest regard for Tax Collector Zimmermann who is an excellent administrator working in terribly cramped, hardly efficient conditions. However, there are many other areas which are just as bad. Everybody in the current administration building is living with less than optimal conditions but we do have a needs assessment by an architect coming up. Commissioner Eggert noted that a space analysis had been done before and they had talked about moving one or several departments but had come to the conclusion that it was important to keep the county departments together. The Sheriff is already under another roof and she felt it is not as important for some of the constitutional officers to be under the same roof if easy communication is not a problem. MARCH 24, 1998 -21-�°;� `� �. F',a C e� r 600K IiN 'IJI -I County Attorney Vitunac advised that the law is quite clear that no constitutional officer can move out without the Board's permission. The Board is free to prohibit or allow such a move at its discretion. It is the Board's obligation to provide space for constitutional officers. Tax Collector Zimmermann related that his attorney had advised that the only requirement was that the Tax Collector's Office be located in the county seat and that the County Commission's obligation was to provide space for constitutional officers. Commissioner Macht noted that Luria's Plaza is outside of the County seat, and Tax Collector Zimmermann believed that to be a mere technicality. County Attorney Vitunac queried the Tax Collector as to whether he were asking the Board's permission to move, and Tax Collector Zimmermann replied that he was not. He was simply trying to work out an agreement to use the 1¢ sales tax funds. If the Board is not requesting that he use those funds for the move, then he will arrange a budget amendment with the Department of Revenue. Budget Director Joe Baird explained that he had requested that the Tax Collector utilize the 1¢ sales tax funds rather than his collected fees due to concerns about the figures for the upcoming budget by July 1'. Tax Collector Zimmermann noted that obviously the funds in his unused fees were adequate as last year he returned $1,100,000 to the Board in unused fees. That totalis more than Manatee County which is much larger. Property Appraiser David Nolte related that the Press Journal had reported that a new tax would be instituted to pay for the Tax Collector's move. The people of Indian River County are very sophisticated and expect service from us. Most citizens do not like our telephone service and are aware of how often they come into the administration building to do business and have to go from office to office. He suggested that a workshop would be very helpful and did not feel that splitting the offices would make sense. Donna Cathcart of 1025 54" Avenue commented that the Tax Collector had wanted the citizens' votes and had promised to make a difference. Chairman Tippin asked that the Board move on this matter. Frank Zorc wanted the record to show that the Chairman denied him the opportunity to speak. MARCH 24, 1998 • -22- • • Commissioner Eggert's understanding was that constitutional officers could use their own fees and provide their own spaces; that the Board could not challenge that but would only need to act in the event of the necessity of approving sales tax funds. County Attorney Vitunac advised that the constitutional officers are obligated for the operation and maintenance of their offices but the Board's obligation is to provide space for those offices. It is up to the Board to prohibit or approve this move. Commissioner Ginn commented that the Tax Collector should be praised for his common sense approach to the matter. After further discussion, CONSENSUS was reached to take no action at this time. 9.B.1. HARBOR BRANCH RESEARCH SERVICES OVERVIEW BY ENVIRONMENTAL DIVISION DIRECTOR MYRON GUNSALUS - PIPER TRICHLOROETHYLENE SPILL (FRANK ZORC - SIDNEY TURNER) The Board reviewed a Memorandum of March 18, 1998: TO: Board of County Commissioners DATE: March 18, 1998 SUBJECT: Presentation of Harbor Branch Research Services by Myron Gunsalus FROM: /VJ es E. Chandler t - County Administrator At the March 24, 1998 Board meeting, Environmental Division Director Myron Gunsalus will present an overview of Harbor Branch research services. County Administrator James Chandler reminded the Board that during discussion regarding the Piper situation, information had been provided that Harbor Branch might be able to assist the County and the Board had asked to have a representative explain what assistance might be available. He introduced Myron Gunsalus of Harbor Branch to give a general overview oT the types of services they provide. MARCH 24, 1998 -23- 6oo1,� UC 73 • L Myron Gunsalus, Director of the Environmental Laboratory at Harbor Branch, expressed his pleasure at addressing the Board and gave a brief background of Harbor Branch's history. He noted that there are 7 divisions at Harbor Branch: (1) Division of Engineering Research and Development, (2) Division of Biomedical Research, (3) Division of Marine Science, (4) Marine Education and Conference Center, (5) Environmental Laboratory Division, (6) Division of Aquaculture, and (7) Division of Marine Operations. He advised that Harbor Branch can probably do the testing required and provide assistance if given the questions that need answers. They are supported by fees for services and enjoy challenges but the County must define the questions they want answered. This is a decision to be made solely by the County but Harbor Branch would be more than happy to work with them. Mr. Gunsalus then handed out brochures and information relative to Harbor Branch's operations. (COPIES OF BROCHURES ARE AVAILABLE WITH THE BACKUP OF THIS ITEM.) Dr. He Zhong emphasized that the County's problem is Harbor Branch's problem. He discussed the environmental testing of water and noted that he is, of course, concerned about the quality of the water. He noted there are all kinds of contaminants, and treatment in large part depends on how much contaminant is present, where it is located and how toxic it is. Water contamination is a complex problem and there are lots of questions. He stressed that nature will do wonders for us if we take care of her, good environmental science is an ancient art but a new science. He invited everyone to come see the operation at Harbor Branch and noted that Harbor Branch wants to be a good neighbor. The Chairman opened the public discussion and asked if anyone wished to be heard regarding this matter. Sidney Turner of 8775 201 Street expressed the highest respect for Dr. Zhong but felt the point was being missed. He did not believe that today's water is the problem, but felt the emphasis should be on the problem in 1979. At that time there were 68 parts per billion TCE contamination in the water and the County citizens were subjected to that water for several years. Dr. Zhong brought the contamination to our attention but he was concerned about the health effects on citizens from that contaminated water. He believed that Florida Department of Health should investigate the health effects on the County's citizens and believed that they have the funding to do those investigations. MARCH 24, 1998 0 is Frank Zorc of 2044 DeLeon Avenue felt the Port St. Lucie problem made everyone aware of the problem. He noted that Piper and the City of Vero Beach have taken steps to clean up that contamination but nothing has ever been done to study whether these chemical contaminants harmed anyone in this County. Mike Galanis, Director of Environmental Health, noted that most of the TCE is now gone but TCE has just this year been placed on the cancer-causing agent list. St. Lucie County has a very interested body of citizenry but no association of cancer clusters or any chemical identified. He stated that the Division of Health is asking for specific funds to study cluster -type situations. Jean Kline, Health Department Administrator, stated that Department of Health figures do not indicate an increase or variation in the rates of cancers but they would like to have more people study the figures and come back with a more formal report. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public discussion. Chairman Tippin thanked the Harbor Branch representatives for their very enlightening discussion. CONSENSUS was reached to wait for Jean Kline's further report before taking any action. 9.B.2. RANDY AND ELIZABETH RIDDLE - APPEAL OF PLANNING AND ZONING COMMISSION'S DENIAL OF ADMIMSTRATIVE PERMIT APPLICATION FOR A NON-COMMERCIAL KENNEL (QUASI JUDICIAL) The Board reviewed a Memorandum of March 18, 1998: MARCH 24, 1998 -25- tU�"K C73 0 y TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: obert M. Keating, P / Community Develo ent D' / r THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blade Staff Planner, Current Development DATE: March 18, 1998 SUBJECT: Appeal By Mr. & Mrs. Riddle of the Planning and Zoning Commission's Denial of an Administrative Permit Application for a Non -Commercial Kennel It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 24, 1998. BACKGROUND AND CONDITIONS: At its regular meeting of February 26,1998, by a vote of 5-0, the Planning and Zoning Commission denied an administrative permit request submitted by the Riddles for a non-commercial kennel at 7970 79' court. The Riddles applied for approval as a result of code enforcement action, in an attempt to legalize an existing, unpermitted non-commercial kennel. The kennel consists of outdoor pens and cages for pigs, rabbits, and dogs. Via the administrative permit process, the Planning and Zoning Commission was authorized to consider the impact of the proposed project on surrounding properties. It was the Planning and Zoning Commission's determination, after much discussion, that the subject property was of insufficient size to adequately mitigate the impact of a non-commercial kennel upon surrounding properties. The Riddles have appealed the Planning and Zoning Commission's denial. The Board of County Commissioners is now to consider the appeal and either uphold the Planning and Zoning Commission's decision or overturn that decision in part or in whole. •Site Plan Review and Decision In accordance with the specific land use criteria of LDR section 971.04 and 971.08(8) (see attachment #5), the subject site plan application was processed as an administrative approval site plan requiring administrative permit approval by the Planning and Zoning Commission. Staffs report to the Planning and Zoning Commission (see attachment #3) noted that the minimum standards set forth by specific land use criteria for a non-commercial kennel had been satisfied by the site plan. Staffs recommendation to the Planning and Zoning Commission included a condition that potbelly pigs not be allowed outdoors, as proposed, since keeping such animals outside would constitute the keeping of livestock (which is prohibited in residential areas) rather than the keeping of household pets (see attachment #7). It is the intent of the specific land use criteria governing administrative permits that certain activities, such as non-commercial kennels, may be allowed if the scale and nature of the activity would not generally have an adverse impact on surrounding properties. During its presentation of the proposal to the Planning and Zoning Commission, staff noted that the size of the subject site is only .3 of an acre and is surrounded by parcels of equal or smaller size. Staff noted that two previously approved non-commercial kennels within an 1/8 of a mile of the subject site were approved on parcels 5 acres in size. Use of such large parcels lessened the impact of those non-commercial kennels. Even though the specific land use criteria for non-commercial kennels do not specifically stipulate a minimum parcel size, the Planning and Zoning Commission took issue with the potential number of animals and small size of the lot and the proximity of the proposed kennel pens to surrounding properties. In attendance at the Planning and Zoning Commission meeting were several surrounding property owners that voiced their opposition to the kennel based on the noise of the dogs and smell of the potbelly pigs. Based upon the reported nuisances and small size of the site, the Planning and Zoning Commission denied the request. Following the Planning and Zoning Commission's vote to deny the Riddle's request for a non-commercial kennel, the Commission directed planning staff to research a change to the LDRs to specifically define a minimum parcel size in relation to the number of animals allowed. MARCH 24, 1998 •Appellants's Argument for Appeal Mrs. Riddle's letter appealing the decision of the Planning and Zoning Commission (see attachment #4) is based upon the following two items: The 30' minimum required setback from any outdoor kennel facilities to all properties is satisfied pursuant to the specific land use criteria [section 971.08(8)]. 2. Potbelly pigs are sold in pet stores as pets and should not be considered livestock. It is the appellant's position that the site plan and administrative permit use application satisfy the specific land use criteria in regard to setbacks and the species of animals proposed. •Staffs Response to the Appeal Although the site plan provides a 30' minimum setback from the pens and cages to all property lines, the size of the property is a legitimate administrative permit concern under LDR section 971.04. In this instance, the Planning and Zoning Commission properly found that the size of the property warranted only the number of animals allowed under the non-commercial kennel exemption (no more than 2 animals kept outside and no more than 6 animals kept on the total site, inside or outside). Thus, the Planning and Zoning Commission concluded that the appropriate number of animals for the subject site is below the administrative permit thresholds. Therefore, the Planning and Zoning Commission denied the administrative permit. The appellant also asserts that potbelly pigs are customary household pets that should be allowed to be kept outdoors. It has been staffs position that small animals cared for in the same manner as customary household pets may be deemed a house pet (see attachment #7). This analogy has been applied to exotic species as well as domestic animals such as the potbelly pig. Therefore, a potbelly pig if kept as a "pet" in a residential area, must be cared for in the same manner as a customary house pet and allowed outside only under supervision of the owner. Staff conducted a phone survey of local pet shops and feed stores and found that potbelly pigs are not stocked or handled for sale, as is the case with true household pets. Staff also found that the Humane Society does, however, offer potbelly pigs for adoption only to qualified adoptive owners. The Humane Society requires prospective adoptive owners to complete a form attesting the pig will be maintained on rural agriculture property with adequate facilities for the animals to root and, the property is properly zoned It should be noted that the Humane Society categorizes potbelly pigs as livestock, and will not qualify an applicant as an adoptive owner if the pig is to be kept as a house pet. In coordination with county animal control, planning staff will soon be proposing an LDR amendment to treat potbelly pigs as livestock regardless of whether the animal is kept inside or outside. Even so, under the existing definition of "livestock", the county is justified in prohibiting any swine (including potbelly pigs) from being allowed in a non-commercial kennel. •Board of County Commissioners Review Guidelines for Appeals Section 902.07 provides guidelines for the review of this appeal. Under 902.07, the Board of County Commissioners is to make findings in the following four review areas: 1. Did the Planning and Zoning Commission fail to follow the appropriate review procedures? Response: There does not appear to be a contention regarding review procedures. Staffs review and the decision of the Planning and Zoning Commission were in accordance with the county land development regulations and state law. MARCH 24, 1998 -27- boo 2. Did the Planning and Zoning Commission act in an arbitrary or capricious manner? Response: Two previously approved non-commercial kennels in the vicinity of the subject site each contained approximately 5 acres- The most recently approved kennel was the subject of considerable discussion by the Planning and Zoning Commission pertaining to the size of the parcel and the number of animals. In regard to that proposal, a non-commercial kennel was initially proposed on a .3 acre parcel but the Planning and Zoning Commission imposed a condition of approval that required that applicant to expand and secure a total of 5 acres within the boundaries of the kennel site in order to mitigate the impact of the kennel on surrounding properties. Thus, the Planning and Zoning Commission is already on record as requiring a larger site for a non-commercial kennel request. The Planning and Zoning Commission has demonstrated a consistent interpretation of the intent of the administrative permit process in regard to non-commercial kennels to ensure surrounding property owners are not adversely impacted by kennels on small parcels. In addition, under LDR section 971.04, the Planning and Zoning Commission has the authority to apply limitations and conditions relating to site size and number and types of animals. Therefore, the Planning and Zoning Commission has not acted in an arbitrary and capricious manner and has acted in accordance with its authority as allowed for in the LDRs. 3. Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties, public health, safety and welfare? Response: The Planning and Zoning Commission must consider the impact of the requested administrative permit on surrounding properties. Several property owners adjacent to the proposed kennel attended the meeting and vocalized their opposition to the proposed kennel. In rendering its denial, the Planning and Zoning Commission took into account the small size of the subject property (.3 acre), the like size of surrounding properties, input from both the applicant and surrounding properties, and the general habits and behavior of the animals proposed to be kept in the kennel. It was the Planning and Zoning Commission's determination that the site is too small to adequately mitigate the impact of the proposed kennel on neighboring properties. Also, the Commission recognized that, with very minor changes to the site plan and a small reduction in the current animal population on site, and elimination of the pigs, the applicant could have a reasonable number of pets on site without an administrative permit. Thus, the Commission found a reasonable balance between the appellant's desire for animals on site and the impacts of such animals on surrounding properties. Therefore, the Planning and Zoning Commission did not fail to consider adequately the impact of the proposed kennel upon surrounding properties, or reasonable alternatives for the applicant. 4. Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? Response: Although the applicant contends that certain criteria were not reasonably applied, staff s analysis has shown adequate justification for the Planning and Zoning Commission's findings, under the administrative permit review criteria. Therefore, the Planning and Zoning Commission did not fail to evaluate the application with respect to the comprehensive plan and LDRs. In staffs opinion, the Planning and Zoning Commission did not fail in any of these four areas in its decision to deny the Riddle's site plan application and administrative permit application for a non- commercial kennel. Staff recommends that the Board of County Commissioners: Make a finding that the Planning and Zoning Commission did not fail in any of the appeal review guidelines outlined in LDR section 902.07 and this report. 2. Deny the appeal and uphold the Planning and Zoning Commission's decision to deny the administrative permit use. MARCH 24, 1998 -28- I • 1 1042 2 9 > ??.$I c � s �' 7 • 1 .,.o ,a . ,e , i� J J I J I > 3 e � � ❑ I ❑ I ❑ I � ❑ I ❑ I ❑ . � I i I 23 4 T 5.6 I goo' of � '• , � • 10 [� 1 • ❑ I I ❑ I ❑ I ❑ I ❑ +�, 129TH PL J'I 1 140' MARCH 24, 1998 7�• 7e 70 70' - 1 I 70 •poa. IL J JtA I I ds' 7e' I 7e' Isf I531 70' 70' ❑ - RESIDENCE -29- • -A Parcel Numbers: 21-30.38-00006.0230-00012.0 21-30-38-00006-0230-00011.1 DIMENSIONS LOT: 100' X 135' " TRAILER: 20'X 53' GARAGE: 38.5 X 24' 2 DOG PENS: TX 10' (EACH) PIG PEN: 10' X 10' PROPERTY LINE RABBIT PEN: 4' X 4' MARCH 24, 1998 ±w ± 20' 129TH COURT -30- Planning Director Stan Boling reviewed the administrative permit request and the Planning and Zoning Commission's actions for the Board. Commissioner Eggert asked whether staff had found any pet stores selling potbellied pigs as pets , and Director Boling responded that they did not. Commissioner Macht wondered what difference it would make what a pet store sells, and noted that if pet stores sold man-eating tigers, the Board would not be under any compulsion to accept them as pets in the County. Randy Riddle felt that their request was not unusual and that they had met all the requirements. He believed that the neighbors want to control their lives and that they watch their house. He felt it is an injustice to allow the neighbors to do this to them. Chairman Tippin opened the public discussion and asked if anyone in the audience wished to be heard regarding this matter. Crenton Sommerville of 7955 129' Place, Roseland, had lived in the area for 22 years and had never seen more than 1 or 2 dogs on various properties. He felt the kennel would lower the value of his property and did not believe it would be fair to allow the dogs, cats and pigs. Morrell Copp of 7975 129'b Place, Roseland, did not want to be argumentative with any neighbors but was also opposed to the kennel. Vando George of 7960129' Court stated that his property joins the Riddle's property and he was also opposed. Don Perrin of 7930 129'h Street expressed his opposition to the kennel. Mr. Riddle had called a pet store in Sebastian who stated they would sign a petition that the potbellied pigs are pets. He also called the Humane Society who advised that they are domestic animals. Commissioner Adams believed that Mr. and Mrs. Riddle are only being told that the animals must stay inside to be considered pets. She questioned whether the size of their property was 130 x 135, and Mr. Riddle responded that was the approximate size. MARCH 24, 1998 -31- F 0 �.� Fr,VC i L qr r ;y a oL1K 4ei 0' 11-6 Commissioner Ginn noted that is approximately the size of the lot she lives on. Commissioner Adams questioned the setbacks from the rear and side property lines. Elizabeth Riddle stated they had talked to the title company who handled the purchase of their property and were told they would be entitled to get their money back should the setbacks be found to be inadequate. They have been unable to locate a permit issued when the garage was built. Joan Carlson, Executive Director of the Humane Society, expressed her sorrow for the Riddles in having pets they may not be able to keep. She noted that exotic animals pose quite a problem in South Florida. People obtain them from sellers who are not providing the consumers with the proper information and the animals are then abandoned, leaving the community to fund the costs of capture, maintenance and disposal of these very specialized animals. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, he closed the public discussion. Mr. Riddle questioned what happens next, and County Attorney Vitunac stated that Mr. and Mrs. Riddle have the right to appeal the Board's decision in court. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously found that the Planning and Zoning Commission did not fail in any of the appeal review guidelines outlined in Land Development Regulations Section 902.07 and staff's report; denied the appeal; and upheld the Planning and Zoning Commission's decision to deny the administrative permit use, as recommended by staff. MARCH 24, 1998 -32- • 0 • 9.B.3. GLENN W. LEGWEN - TRAFFIC LIGHT AT THE INTERSECTION OF KING'S HIGHWAY AND 81" STREET The Board reviewed letters of March 13, 1998 and March 19, 1998: Glenn Legweds Acaddemix Nursery Academy 5900 5th St. SW Vero Beach, Florida 32968 (407)778-7791 -- _ March 13, 1998 Mr. James Chandler County Administrator Indian River Count 1840 25th Street Vero Beach, Florida 32960 Subject: Traffic Light at the intersection of Kings Highway and 8th Street. Dear Mr. Chandler, I would like to speak on a subject that is near and dear to my heart, Kings Highway. I would like for you to place me on the agenda for Tuesday March 24, 1998 under Public Discussion Items. I will have backup material to you on or about Tuesday March 17, 1998. Sincerely yours, q6", w.1..Z Glenn W. Legwen CT, an ( 6,13, (--� � r C, a X, �� Glean l.egweWs Acaddemix Nursery Academy 5900 5th St. SW Vero Beach, Florida 32968 (407)778-7791 March 19,1998 Mr. James Chandler & County Commissioners of Indian River County 1840 25th Street Vero Beach, Florida 32960 Subject: Traffic Light at the intersection of Kings Highway and 8th Street. Dear Mr. Chandler and County Commissioners, Early in the afternoon, on August 7th 1996 Marjorie Coral Jones and Jane Isom lost their lives in a tragic automobile accident on King's Highway. Mrs. Jones was turning onto King's Highway from 12th Street when she was hit by a Porsche automobile traveling in excessive of sixty miles an hour (according to witnesses). The accident closed King's highway for three hours. It was an accident that could have possibly been prevented if a stop light had been in place at this intersection. MARCH 24, 1998 -33- m LI K -1041C F -K" d ,J1 2 • -A Late in the afternoon, less than a week ago, Thursday, March 12,1998 , Mrs. Jean Mane Stout lost her life in a gruesome two vehicle collision. I arrived on the scene several minutes after the accident happened. I waited with my boys for more than an hour and a half until the tow vehicles could remove the fruit hauling truck from Mrs. Stout's car. (Show pictures) In the wake of such an unfortunate accident Mrs. Sout leaves behind the fifteen month old twins Emily Stout and Rebecca Stout, her four year old son Joey Stout, a sixteen year old stepdaughter Lindsay and her husband Rick Stout, a thirty-five year old cook who works for the Waffle House. This accident closed King's highway for two and a half hours and it might also have been prevented if a stoplight had been in place at the intersection of 8th Street and King's Highway. I purchased a retail/wholesale nursery on King's Highway in 1989 at the corner of 5th Street SW and King's highway. The posted speed limit between Route 60 and Oslo Road is forty-five miles per hour. At the time, I wondered why the posted limit was not more like fifty-five miles per hour. Because the few cars I had observed traveling past my nursery were speeding in excess of sixty miles per hour. It. did not take long for me to discover King's highway was not made for high speed vehicular traffic. The surface of the road is uneven and pocked with the patch work of numerous repairs. The vehicles which most frequently passed by my nursery in 1989 and 1990 were fruit hauling trucks, grove sprayers, and slow moving tractors. I used to laugh when I told friends it was so quiet and peaceful along King's highway that I could go out and stand by the roadside for five minutes and not see a car come by. This peacefulness ended for me the day my young purebred,golden, Labrador puppy "Sunshine" ran up on to the highway and was killed by a speeding car. It was late in the afternoon and I was watering some plants by hand. I could not see the road from where I was but I heard the screeching of tires and a dull thump on the road just beyond the chain link fence which surrounds my property. It was the kind of sound a car makes when it runs over a cardboard box. It took the woman driving the car a few second to stop and turn around to see what had hit her car. She called to me from the road. To ask if I knew who owned this puppy. I knew instantly seeing the tears in her eyes that something tragic had happened to one of my pets. It was "Sunshine" the female. One of two Labs I had purchased earlier in the year from Brian and Michelle Jenkins. Evidently "Sunshine" and "Midnight," the male Lab, had been playing tag when she found an open gate in the fence and darted up on to the highway. I picked up the lifeless body of the dog and took her back inside the fence. I thanked the woman for stopping and tried to console her as she apologized to me over and over again about how the dog had "just appeared" on the road without warning in front of her car. Stanley Bristol, the driver of the Estes citrus truck said similar words to Marie Oliver, the Florida Highway Patrol Trooper investigating the accident that took Mrs. Stout's life. Jean Stout evidently failed to heed the stop sign and "just appeared," in front of Stanley Bristol's truck when her vehicle cross over the bridge an into the path of his fruit laden truck. It is ironic to me that one week earlier, I had asked Sheriff Gary Wheeler to give me some statistics on how many accidents have occurred between 9th Street SW (Oslo Road) and 26 Street (Walker Avenue). The distance between these two points is approximately four miles. The figures are staggering! Between 1/1/97 and 12/31/97 there were two hundred and twenty accidents on this one four mile stretch of road! There is a stop light at the intersection of 26th (Walker Avenue) and 58th, there is another one at the intersection of Route 60 and 58th and there is a blinking light at the intersection of Oslo and 58th but there are no lights between Oslo and Route 60. Why aren't there any stop lights between here and there? How many more people have to die or be injured on the most dangerous section of highway in Indian River County before one two or three stop lights are placed along the route to slow down the traffic? Can we expect to see something done in the next three to five months? MARCH 24, 1998 -34- 11J • While I am asking these questions in this public forum, I have several other questions I feel deserve an answer. When the decision was made to allow the Indian River Mall, Target, Home Depot, Eckards, et al to be locate at the intersection of Route 60 and King's Highway who was doing the traffic engineering study? Do you know what the joke is around town? How do you go from the Target store, to Publix, to the Italian Grill, to the tax collectors office, to Burger King, to Barnett Bank and to the stores which are all directly across the street in the Ryanwood Shopping Center? The answer ..... You don't. At least not without taking your life into your hands when you pass through the intersection of Route 60 and King's Highway. Sincerely yours, qI W1Nt W LJLXX,/ RIO 0 Memorandum/Getchell Page 3 of 3 99 3 :1 4,11 -ODS2 Maw) S16.- Sf�evyA-Qv�-` E-)(+errSto- l 1104 As a matter of information, the following statistics ars provided for your review: �: ... - :.. .�'ir�.° ,•, c M 1993 1997 ;Totsl.County;Populati�on fes. �, .K ;�. r,96,9i8. L- 104,605. =+7.9%°•- :UnincoiporaiedPopitlattons4"" 62, -2W 67,146'..�:' +83% ., _, 'r•'+•"'SYR°�•i�''�'K7t��are1P�T}�j - - otaL Calls Fo3en►t ., .- .s..• xpM - - 53;484' •s �°+37%° �.$11Tr�7C1eea�R6� Od�01'a+ei'kei "t4` _. �. c ::. O oofsCoji ido%s o o CaDa'' 4` '� p° o'er' ,. ° ,CFSW7 .40 •'�.Sl +275% ' CFS per Cepitas Unincorporated ' ai2'" � .. . Beginning February 10th, I will be able to provide the monthly report you have requested reflecting total ells for service along the corridor. Also, the summary of commercial and residential projects within the county is currently underway, a preliminary summary for your review should be ready by mid-February. Should you have any questions or require additional information, just let me know. Sources: 1. Major New Development Update (commercial square footage estimates) County Planning Office, Stan Boling Memorandum dated 12/19/97 } - 2. Population Estimates (attached graph) B.E.B1L, University of FL 3. Calls for Service and Manpower Estimates Planning & Research Unit CAD Activity Report, annualized 1/1/97-10/31/97 S.R.F. & Manpower calculations from P&R Office . F Sandy Shi Planning & Research attachment MARCH 24, 1998 -35- m--3. I'1Rs Ct-5 226 Acclgevk 1-1-91 I Iz-31- 97 • sootYvc Glenn W. Legwen noted that the reference on Page 2 of his letter of March 19, 1998 to 26 Street (Walker Avenue) should refer to 33`d Street, which is Cherry Lane. He asked whether stop lights could be installed on 58' from Oslo Road and questioned how many more people have to die before the Board will take some action. Commissioner Ginn wanted to know how many deaths occurred between January 1, 1997 and December 31, 1997, and Mr. Legwen did not believe there were any but did not get those figures from the Sheriff's department. He stressed that cars are racing up and down 58'1 as well as trucks going to the Landfill. It is a very scary highway. Commissioner Macht noted that he has had occasion in the last 3 months to cross 58`h on 8' Street and at certain times of day traffic is backed up as far as 10 to 15 cars. It is very difficult to see what is coming and a very dangerous situation. He felt that it was time to consider a light at least on 81' with perhaps a flashing light on 4. Public Works Director Jim Davis stated the County is working on Kings Highway. Phase I to widen the road is now under construction. An accident analysis has been done and the accident history is declining at that intersection. The intersection was ranked #1 in accidents in 1996 and is now ranked at #52. They do not count injuries or deaths as extra points but when they find that is the case, they do take a hard look at the intersection. County Traffic Engineer Chris Mora noted that 2 studies were done in the past at this intersection in June, 1993 and December, 1996. In both cases a full traffic signal was not warranted. There are certain requirements which must be met before installing traffic signals. You must have a traffic load of 600 cars per hour with a minimum volume on the side street of 200 per hour for 8 hours per day. The side street volume can be reduced a level if the main street has 900 cars per hour. Chairman Tippin questioned when the bridge will be built, and Director Davis noted that the bridge at 8t` Street will be in Phase 2 of the project which will probably go to bid late this year or early in 1999. Staff is still hying to accomplish right-of-way acquisitions. In 1993 there were 9 accidents at that intersection; in 1994, 8 accidents; in 1995, 5 accidents; and in 1996, 4 accidents. No fatality analysis has been done. Mr. Legwen believed the statistics not to be current as the figures were from 1996 before the new Mall opened. Mr. Mora, in response to Mr. Legwen's question, stated there are 2 types of traffic counts and 1 is the machine count of vehicles on 8' Street and Kings Highway. Mr. Legwen noted that he had traveled on 58' from Oslo to SR -60 and did not see any traffic counting devices. MARCH 24, 1998 -36- • Mr. Mora responded that the counts were done late last week, Wednesday and Thursday. The machines were down for just 1 day and turn counts were done from county vehicles parked off the shoulder of the road. The Chairman opened the public discussion and asked if anyone wished to be heard regarding this matter. Donna Cathcart of 1025 54' Avenue noted she had moved to the area in 1982 and raised her children out there. 2 of her sons were hit by a car at the comer of 12'h Street and 43' and, after a prolonged battle, they finally got a traffic light there. She believed there is no reason to talk about the future of the Children's Network when children are being lost to accidents in that area. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public discussion. CONSENSUS was reached to take no action at this time but direct staff to come back with a recommendation upon completion of the current study. 9.B.4. WABASSO - SUMMERPLACE SUBDIVISION - 1998: SEAWALL CONSTRUCTION EMERGENCY PERMITS - DEPARTMENT OF ENVIRONMENTAL PROTECTION The Board reviewed a Memorandum of March 23, 1998 and a letter of March 18, TO: James Chandler County Administrator FROM: James W. Davis, P.E. Public Works Director- SUBJECT: irectorSUBJECT: Wabasso - Summerplace Subdivision Sea Wall Construction Emergency Permits RE: Letter from Gene Chalecki, DEP, to James Davis Dated March 19,1998 DATE: March 23, 1998 • On February 13, 1997, the County issued an Emergency Coastal Construction Permit to install Emergency Coastal Armoring along the Atlantic Ocean coastline fronting six (6) lots MARCH 249 1998 -3 /- ...� :X fr�J( -b within the Summerplace Subdivision (lots 6 & 7, Unit D and lots 6, 7, 8, 9, of Unit E). The permit required the seawall to be placed as landward as possible. A pre -construction meeting on-site was required and scheduled for February 21, 1997. The County staff invited Paul Triteck, U.S. Fish and Wildlife Service, and Robin Trindell, FDEP Biological Administrator, to the meeting to make sure the wall was properly located. _Construction began in March 1997 and ceased in late May 1997 due to sea turtle nesting activity. At that time, construction of a seawall along four (4) of the six (6) homes was completed. In late February, 1998, construction to complete the remaining two (2) homes commenced and is currently ongoing. On February 26, 1998, County staff received a letter from the Sea Turtle Survival League (STSL) objecting to the seawall construction since FDEP Rule 626-330051 states that emergency construction must occur within thirty (30) days of issuance of an emergency permit. If not, one thirty (30) day time extension can be granted. The same rule states that "emergency protection shall take place as soon after the initial erosion event as practicable'. The STSL has asked that the County stop the work In response to the letter, staff drafted two (2) letters; one to the six (6) property owners requesting the status of their seawall construction and DEP permit, and the other to FDEP requesting their opinion on the sixty (60) day emergency permit period and the "as soon as practicable" language in the rule. The property owners have indicated that installation of the steel sheet pile is substantially complete along five (5) of the six (6) properties. The DEP staff has indicated that the property owners permanent DEP permit application is incomplete pending the receipt of the name of the owner of a walkway between two lots. Also, DEP states now that the wall is not sited landward enough and that the homes are not demonstrated to be vulnerable to high frequency coastal storms. The Department has also stated that an emergency permit is only authorized for sixty (60) days if a thirty (30) day time extension is granted. DEP states that it is not pertinent that delays have occurred which are beyond the control of the party attempting the construction. In the March 18, 1998 DEP letter, it was not stated that the County must issue a stop work order. The use of Wabasso Beach Park must cease on April 1, 1998. Vince Bruno, property owner representative, has stated that work on the seawall serving the six (6) properties along Summerplace is anticipated to be complete on April 1, 1998. Staff does not recommend taking any action. 19—MAR-98 18x48 PROM. BEACHES + COASTAL SYSTEMS 10e S24 488 8257 PAGE 1 Department of Environmental Protection Lawton Chas h3 00oCorm nonnwweallth Soulauvl dig Virli^sa Governor Tald�haaaee. Florida 32399-3000 Se a wntherell crenry March 18, 1998 James W. Davis, P.E., Public Works Director Board of County Commissioners 1840.25` Street Vero Beach, Florida 32960 Dear Mr. Davis: Subject: File Number IR -512 Post4r Fax NOW 7671 Oatr b ► y 1b Dom. F°'"S� cwo.a. co. phone• Fool 9 e7' 7 ) Fus o '1 fl—sog5'lFaK# This letter is in response to yours of March 3, 1998 concerning the Emergency Coastal Armoring Permit in Indian River County. Specifically, you inquired as to the status of pending DEP permit application (R-512) and the Department's position concerning the Emergency Permit issued by the County pursuant to Rule 62B-33.0051(5), F.A.C. MARCH 24, 1998 S' is -38- • • First, the permit application is incomplete pending receipt of the name and (nailing address of the owner of the walkway between Lot 7, Block D and Lot 6, Block E. Secondly, the subject dwellings have not been demonstrated to be vulnerable to high frequency coastal storms as required for issuance of a permit by Rule 62B -33.0051(1)(a)(2), Florida Administrative Code. The wall under construction does not appear to be sited as far landward as practicable as required by the rule. In addition, the structure does not appear to meet the requirements for protection of marine turtles set forth in Chapters 370.12 and 161, F.S., and Rule 62B -33.005(4)(g), F.A.C. (see attached memo). As to your second inquiry concerting Rule 62B-33.0051(5), F.A.C., it is the Department's position that the rule's purpose is to provide an efficient method of quickly authorizing work on coastal armoring structures in order to alleviate an emergency situation. The work is authorized without the usual DEP permitting process. However, once the emergency has passed, if the work has not been completed, it is no longer necessary in order to abate the emergency and thus ceases to be authorized by Rule 62B-33.0051(5), F.A.C. The rule is clear that after 30 days (or 60 days if extended) of the declaration of the emergency "Protect. Conserve and Monage Flonda's Environment and Natural Resources" hinted an secyded popes 19—MAR-99 10,49 PROMs BEACHES + COASTAL SYSTEMS IDs 904 498 5257 PACE 2 James W. Davis March 18, 1998 Page 2 situation the emergency is presumed provided, i.e., the work completed, theto have abated, and if protection has not been n the work is no longer authorized. This is true regardless of whether completion of the work was attempted in good faith or if the factors preventing the work from being finished are beyond the control of the party attempting the work. I hope this information adequately addresses your questions. If you have any further questions or concerns, please advise. Sincerely, Gene Chalecki, P.E. Engineering Supervisor Bureau of Beaches and Coastal Systems GC/stg Enclosure cc: Will Collins, Deputy County Attorney James Chandler, Indian River County Administrator Robin Trindell, Biological Administrator David Godfrey, Executive Director, Sea Turtle Survival League. Alfred Devereaux, Jr., Bureau Chief Tom Tomasello, Esquire MARCH 24, 1998 -39- b09K �U 4 F,,, -U d S • 600K N F,nUE -1 4 County Administrator Chandler noted that the recommendation to the Board is not to take any action at this time relative to the threatened suit against the County by an environmental organization. Staff believes the county is within the laws of the State and the Administrative Rules. The Chairman opened the public discussion and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public discussion. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously voted to take no action at this time. 9,C. PUBLIC NOTICE ITEM - ANNOUNCEMENT OF PUBLIC HEARING REGARDING ROBERTS V. INDIAN RIVER COUNTY FOR APRIL 7, 1998 The Board reviewed a Memorandum of March 16, 1998: TO: James E. Chandler, County Administrator THRU: Joseph Baird, OMB Director FROM: Beth Jordan, Risk Manager DATE: 16 March 1998 SUBJECT: Request for Agenda; Public Hearing; Roberts v. Indian River County Please schedule a public hearing on Roberts v. Indian River County at the Board of County Commissioners' April 7, 1998 meeting at 9:00 am. This matter is set for the April 22 trial docket and this hearing is being requested by Louis B. Vocelle, counsel for the plaintiff. County Administrator Chandler announced that the public meeting will be held on April 7, 1998, at 9:05 A.M. No action required or taken. MARCH 24, 1998 -40- 10. COLLECTIVE BARGAINING STRATEGY MEETING — INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2201 AND TEAMSTERS LOCAL 769 — CONTRACT NEGOTIATIONS The Board reviewed a Memorandum of March 18, 1998: TO: Board of County Commissioners DATE: March 18, 1998 SUBJECT: Collective Bargaining Strategy Meeting FROM: James E. Chindler County Administrator At the conclusion of the March 24, 1998 Board meeting, I request a brief collective bargaining strategy meeting concerning contract negotiations with IAFF Local 2201 and Teamsters Local 769. The meeting will be in accordance with Florida Statute 447.605. County Administrator Chandler stated that he had intended to request a strategy meeting after today's Board meeting but, considering the hour, suggested that the meeting could be put off until April -/'11. CONSENSUS was reached to meet immediately after the April 71, 1998 Board meeting. 11.E. FY 1998-99 ANTI—DRUG ABUSE GRANT FUNDING CERTIFICATION OF PARTICIPATION — FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) r The Board reviewed a Memorandum of March 18, 1998: TO: Members of the Board of County Commissioners DATE: March 18, 1998 SUBJECT: FY 1998/99 ANTI-DRUG ABUSE GRANT FUNDING CERTIFICATION OF PARTICIPATION FROM: Joseph A Baird OMB Director DESCRIPTION AND CONDITIONS The Budget Office received a letter dated March 12, 1998 from the Florida Department of Community Affairs (FDCA) stating that Indian River County has been allocated $157,777 in grant funds for FY 1998/99, to fund local anti-drug abuse projects. The letter also requested the Board MARCH -.24o 1998 -41- 60a"0 ixGi 7- I pr'I ..may bo(1 U1 751 to serve as the coordinating unit of government in applying for the funds. The Substance Abuse Advisory Council will be soliciting for and receiving grant applications as well as evaluating those applications and recommending to the Board what projects to fund and their funding levels. The Substance Abuse Advisory Council's recommendations will be brought to the Board for approval in May. The gram's ninth year will continue to be funded 75% from the state and 25% from the County. The budgetary impact on the county will not exceed $50,000, especially since staff has requested all matching funds for the 1998/99 fiscal year to be made by the gram applicants rather than the Board of County Commissioners. The Board of County Commissioners would still have to match the Substance Abuse Council portion since the grant requirement recommended the Board of County Commissioners set up the council to administer the gram. Staff recommends the Board accept the invitation to serve as the coordinating unit of government in the FDCA Anti -Drug Abuse act Grant Program and authorize the Board Chairman to sign the Certification ofParticipation naming Joseph A. Baird, Budget Director, as the contact person. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously agreed to serve as the coordinating unit of government in the Florida Department of Community Affairs Anti -Drug Abuse Act Grant Program and authorized the Chairman to sign the Certification of Participation naming Joseph A. Baird, Budget Director, as the contact person, as recommended by staff. CERTIFICATE OF PARTICIPATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.1. 8TH STREET RIGHT-OF-WAY ACQUISITION 58TH AVENUE IMPROVEMENTS (OSLO ROAD TO 26TH STREET) - PARCEL NO. 127 - CLAUSSON P. LEXOW1 TRUSTEE, S.E. CITRUS CAPITAL CORPORATION The Board reviewed a Memorandum of March 13, 1998: MARCH 24, 1998 -42- 0 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Direct Terry B. Thompson, P. � Capital Projects Manager FROM: William M. Napier, SRPA, SRA,,/,A ; Right -of -Way Agent SUBJECT: 8th Street Right -Of -Way Acquisition 58th Avenue Improvements / Oslo Road to 26th Street Parcel No. 127, Clausson P. Lexow, Trustee DATE: March 13, 1998 LeXCVAMRWBAV DESCRIPTION AND CONDITIONS Forty feet (40') of additional right-of-way is needed on 8th Street for road widening and pavement transition to the proposed new bridge at 8th Street and 58th Avenue in conjunction with the above referenced project. The property owner has executed a contract at a price of $18,000 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 $10,454.40 based on a total of .5808 acre as determined by the legal description. There are no appraisal or attorney fees. RECOMMENDATIONS AND FUNDING Staff requests the Board of County Commissioners approve the $10,454.40 right-of-way purchase, and authorize the Chairman to execute the contract. Funding to be from Account #315-214-541-066.12. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the $10,454.40 right-of-way purchase from Clausson P. Lexow, Trustee, S.E. Citrus Capital Corporation and authorized the Chairman to execute the contract, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MARCH 24, 1998 60!' K F',a GE 75 -43- boa IN rn 75 11.G.2. WABASSO CAUSEWAY PARK IMPROVEMENTS PROJECT - RESOLUTION FOR FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM - BRAD SMITH ASSOCIATES INC. The Board reviewed a Memorandum of March 17, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E., Public Works Director Terry B. Thompson, P.E �Q� Capital Projects Manages` FROM: G. Sean McGuire, P.E. Project Engineer SUBJECT: Wabasso Causeway Park Improvements Project Resolution for Florida Inland Navigation District Waterways Assistance Program DATE: March 17, 1998 y • • • !*_ • This project is to be submitted for the Florida Inland Navigation District (FIND) Waterways Assistance Program. The application requires a resolution from the governing authority. County Staff has prepared this application and is pursing negotiations with the selected Design Professional, Brad Smith Associates, Inc.. The conceptual cost estimate is $374,862.00, of which FIND may grant up to 50% in matching funds. This includes design fees, environmental assessment, permitting, construction, and construction phase services. The deadline for submission of the application is April 1, 1998. Staff recommends that the Board adopt the resolution and authorize the Chairman to execute the resolution. Funding will be from account #315-210-572-068.09. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 98-037 for assistance under the Florida Inland Navigation District Waterways Assistance Program. MARCH 24, 1998 WabasseCausewayRes.GSM(blt)3/16/98 RESOLUTION NO. 98 - _3 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WIIEREAS, the Board of County Commissioners of Indian River Cm= is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Wabasso Causeway Park Improvements Total Estimated Cost $374,862.00 Brief Description of Project: This project is to remove unstable trees that have been undermined by erosion. construct a revetment for shoreline stabilization. restroom building with a -mate lift station of sewer service, an outdoor shower, securitylighting. Mansion and re -grading of coquina parldna areas. . and stormwater runoff control . AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Board of County Commissioners that the project described above be authorized, AND, be it further resolved that said Board of CountyLommissioners make application to the Florida Inland Navigation District in the amount of . 5�Q o of the actual cost of the project. AND, be it further resolved by the Board of County -Commissioners that it certifies to the following: 1. That it will accept the terns and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of saidBoard of Cg ; Commissioners for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 101/6 of the funding agreed to by FIND. MARCH 24, 1998 -45- 6(�OK F'�u 3-4 bOCK This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Board of County Commissioners at a legal meeting held on this 24 day of Marrh 19 91L. Attest -199' J.K. 13ARTON CLERK CIRC►JIT DOUR! Title � I: Chairman Title IndlanRiver Conz Approved Dat! Admmtstnuon i Budget I RMNImmitment Pnbac Worla l? Capita] Pro ecb T 9 11.G.3. OSLO ROAD (91H STREET SMO BRIDGE lu 4�`1 Fi'+ul �d/�y REPLACEMENTS AND ROADWAY WIDENING - PROFESSIONAL ENGINEERING SERVICES AGREEMENT - KIMLEY HORN & ASSOCIATES The Board reviewed a Memorandum of March 17,,1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Managi� SUBJECT: Professional Engineering Services Agreement Oslo Road (91h Street SW) Bridge Replacements and Roadway Widening DATE: March 17, 1998 K4 -i"" 1[012-V1NlA!i61zL111tL6J;1-1 Staff has successfully negotiated a Professional Engineering Services Agreement with Kimley-Hom and Associates Inc. for referenced project. Services include preparation of construction plans and permit applications for the replacement of bridges on Oslo Road at the Lateral "J" Canal and Lateral "C" Canal with five (5) lane bridges; the widening of Oslo Road to a three (3) lane roadway from Timber Ridge to 201' Avenue and intersection improvements at the Oslo Road/43rd Avenue intersection with left tum lanes on all approaches and signalization of the intersection. The Lateral "J" and Lateral "C" bridges are both in need of repair and are scheduled for replacement,. Three laning of Oslo Road from Timber Ridge to 20'" Avenue and the intersection improvements at 4r Avenue are necessary to increase the level of service. MARCH 24, 1998 -46- • The final negotiated design cost of the project elements is as follows: Roadway Design (Timber Ridge to 201h Avenue) $ 79,000.00 Intersection Design (Oslo Road/43rd Avenue) $ 34,000.00 Bridge Design (Lateral "C" and Lateral "J") $ 90,200.00 Permitting $ 5,000.00 Coordination with Adjacent Property Owners (Hourly Not to Exceed) $ 5,000.00 Geotechnical Allowance I-8.000-00 Sub Total $221,200.00 Expenses $ 8,800.00 Total $230,000.00 The projected total design and construction cost for the scheduled improvements are summarized below. Design (Kimley-Hom Associates) $ 230,000.00 Construction Oslo Road, Timber Ridge to 201h Street $ 958.000.00 43rd Avenue/Oslo Road $ 410,000.00 Bridges $1.000.000.00 Total $2,598,000.00 The alternatives are as follows: Alternative No 1 Authorize Chairman to execute Agreement as written. Alternative No 2 Re -negotiate contract terms. Staff feels confident that the attached contract has ween negotiated in the County's best interest and recommends approval of Alternative No. 1. Funding for design is from Account #315-214-541-066.31. Construction funding is from Traffic Impact Fees (TIF), One Cent Local Option Sales Tax (LOST) and Local Option Gas Tax (LOGT) Revenue, as outlined below. Bridge - Lateral "J" Canal $ 670,500.00 one cent tax (LOST) Bridge - 431d Avenue Canal $ 570,000.00 one cent tax (LOST) Oslo Road - 51" Avenue to Lateral "A" Canal $ 700,000.00 Fund 109 Secondary Road (LOGT) Oslo Road - 51 Avenue to Lateral "A" Canal $ 657,500.00 Fund 101-156 Impact Fee (TIF) Funds Available $2,598,000.00 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Professional Civil Engineering Services Agreement for the Oslo Road Bridge Replacements and Roadway Widening with Kimley-Horn and Associates, Inc. and authorized the Chairman to execute same, as recommended by staff. MARCH 24, 1998 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -47- 600K PnE75- • 11.G.4. PAVING AND DRAINAGE IMPROVEMENTS TO 601H AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES SUBDIVISION - AS -BUILT RESOLUTION AND ASSESSMENT ROLL - PROJECT #9536 The Board reviewed a Memorandum of March 10, 1998: TO: THROUGH: FROM: James Chandler County Administrator James W. Davis, P.E./ Public Works Director and Roger D. Cain, P.E. / County Engineer Michelle A. Gentile, CET Civil Engineer �G - -4zoij SUBJECT: As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to 60' Avenue South of 45`" Street in Ponderosa Estates Subdivision (IRC Project #9536) DATE: March 10, 1998 DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: Preliminary Estimates Final Cost $ 67,909.91 - 100% $ 49,447.84 -1000/0 $ 50,932.43 - 75% $ 37,827.60 - 75%* 2,520.16 Front Footage 2,520.16 Front Footage $ 20.21 /per FF $ 15.01 /per FF * 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 8.5% 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. RECO IMENDATION 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 billing and collection. MARCH 24, 1998 -48- ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 98-038 certifying "as -built" costs for certain paving and drainage improvements to 60' Avenue south of 45' Street in Ponderosa Estates Subdivision, designated as Project No. 9536, and other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. As -Built (Fourth Reso.) 3/25/97(ENG)RES4.MAG\ktp RESOLUTION NO. 98- 38 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING ,AS - BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES SUBDIVISION, DESIGNATED AS PROJECT NO. 9536, 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. 9536, are in the public interest and promote the public welfare of the county; and WHEREAS, on May 20, 1997, 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 WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 97-55, 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 $15.01 per front foot, which is less than $20.21 per front foot in the confirming Resolution No. 97-55, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: MARCH 249 1998 cc -49- rr?U. 75 L Eb00K J. 0 l F -- 759 1. Resolution No. 97-55 is modified as follows: The completion date for Project No. 9536 is declared to be March 2, 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 8.5% 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. 97-55 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. S. The assessments shown in Exhibit "A", attached to Resolution No -97-55 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 Eaaert 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 Aye Vice -Chairman Kenneth R Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Gime Aye Commissioner Carolyn K Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 2_ day of_ Marrh 1998. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By l _ J W. Tippin, Chau Attest: K.BARTON A hX-k4 "oqc. Attachment: Exhibit "A' MARCH 24, 1998 Indian River Count Y Approved Date Administration I l t.cngl 0 /-c V1ana leme!lt Department DiviSion / S( 0 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES 9536FAR WK4 ', ar' •'r rte, 1] 00 ti t� n N 03/04/98 TOTAL FRONT FEET.._.._...._............ 2,320.16 PROJECT NO. 9536 COST TO PROPERTY OWNERS...._.._ $37,927.60 COST PER FRONT FOOT ..................... $13.01 FRONT TOTAL NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST ASSESSMENTCOST OSST 1. John C. & Elizabeth T. Bishop 29 32 39 00001 0040 00002.0 173.46 515.01 $2,603.63 S2,603.63 , 4437 6016 Avemse Lucian River Farms Company Subdivision O Vero Beach, FL 32967 PBS 2)12 N 304.46 Ft of W 130.57 Ft of Tract 4 in N 1/2, Less Canal Less S 101 Ft 2. Juliana C. Haney 29 32 39 00001 0040 00003.0 131.00 $15.01 $1,%6.3 t $1,966.31 4455 60th Avenue Indian River Farts Company Subdivision Vero Beach, FL 32967 PBS 2)12 S 131 Ft cf N 334.46 Ft of W 130.57 FT of Tract 4 in N 1/2 3. Anthony I1. & Darma L Labarre 29 32 39 00003 0000 00001.0 112.18 $15.01 $1,683.82 $1,683.82 1 4476 601h Avenue Ponderosa Esletes Unit 1 PBI 6781 '~ Vero Beach, FL 32967 Lot 1 & N 22 D of lot 2 (OR Bk 448 PP 777) 4. Jose O. Quinones 29 32 39 00003 0000 00002.0 112.70 $15.01 $1,691.63 $1,691.63 P.O. Box 2124 Ponderosa Eslalea Unit 1 PBI 6)81 Vero Beach, FL 32961-2124 Let 2, Less N 22 FT, & N 1/2 of lAd 3 (OR Bk 42 PP 453) 5. Ruth L Jaynes 29 32 39 00003 0000 00003.0 134.70 $15.01 52,021.83 $2,021.85 4436 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beach, FL 32967 S 1/2 of Lot 3 & All of Lot 4 9536FAR WK4 ', ar' •'r rte, 1] 00 ti t� n N 03/04/98 -; A FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES 9536FAR.WK4 IT 03/04/98 • 0 TOTAL FRONT FEET ..................... 2,520.16 PROJECT NO. 9536 COST TO PROPERTY OWNERS.....„... S37,827.60 COST PER FRONT FOOT „... _............ $15.01 FRONT TOTAL NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST ASSESSMENT COST 6. Robert M. & Patricia A. Carbon 29 32 39 00003 0000 00005.0 134.70 515.01 $2,021.85 $2,021.85 4450 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beach, FL 32967 Let 5 & N 1/2 of Lot 6 (OR Bk 438 PP 697) 7. .lady I.ukaman 29 32 39 00003 0000 00006.0 134.70 $15.01 52,021.85 52,021.85 4426 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beach, Fl. 32967 S 1/2 of L.m 6 & all of Lot 7 8. Richard B. & Elizabeth L Steele 29 32 39 00003 0000 00008.0 119.80 $15.01 51,798.20 51,798.20 4366 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beach, FL 32967 L.m 8 & N 30 Ft of L.ot 9 9. Christopher & Jodi Shan 29 32 39 00003 0000 00009.0 119.60 $15.01 $1,795.19 $1,795.19 4356 60th Avenue Panderasa Estates Unit I PBI 6)81 Vero Beach, FL 32967 Lot 9 Less N 30 Ft & Lot 10 Fess S 30 Ft (OR Bk 454 PP 602) 10. Thomas M. & Term R Odes 29 32 39 00003 0000 00010.0 119.80 $15.01 51,798.20 51,798.20 P.O. Box 1391 Ponderosa Estates Unit I PBI 6181 Vero Beach, FL 32961-1391 S 30 FI of Lot 10 & Lot I I (OR Bk 503 PP 608) 9536FAR.WK4 IT 03/04/98 • 0 11 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES 011Q J 9536FAR.WK4 , ;}v ; F. " r... 4 0 i N •.0 03/04/98 _I TOTAL FRONT FEET........._... _. 2,320.16 PROJECT NO. 9536 COST TO PROPERTY OWNERS ........ 537,827.60 COST PER FRONT FOOT..........._........ $15.01 FRONT TOTAL s� NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST ASSESSMENT COST 11. Robert E. & Virginia Hickerson 29 32 39 00003 0000 00012.0 135.60 $15.01 $2,035.35 52,035.35 4316 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beach, FL 32967 Lot 12 & N 45.8 Ft of Lot 13 (OR Bk 456 PP 564) 12. Timothy A. & Carolyn C. Hendren 29 32 39 00003 0000 00013.0 133.80 515.01 52,008.34 $2,008.34 4308 6011 Avenue Ponderosa Estates Unit I PBI 6)81 Veto Beach, FL 32967 S 44 Ft of Lot 13 & All Lot 14 (OR Bk 494 PP 205) 13. Joseph C. & Catherine Reasmell 29 32 39 00003 0000 00015.0 179.60 515.01 62,695.80 $2,695.80 4315 601h Avenue Ponderosa Estates Unit I PBI 6)81 Vero Beach, FL 32967 Lata 15 & 16 1 M t 14. Luke N. & Luisa Martin 29 32 39 00003 0000 00017.0 134.70 $15.01 $2,021.85 $2,021.85 4325 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Be" FL 32967 Lot 17 & S 1/2 of Lot 18 (OR Bk 4% PP 692) 15. Vincent A. NovakousU 29 32 39 00003 0000 00018.0 154.70 $15.01 $2,322.05 52,322.05 4345 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Be" FL 32967 N 1/2 of Lot 18. All Lot 19 & S 20 Ft of Lot 20 9536FAR.WK4 , ;}v ; F. " r... 4 0 i N •.0 03/04/98 _I sG O a FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 60TH AVENUE SOUTH OF 45TH STREET IN PONDEROSA ESTATES 9536FAR. WK4 2,320.16 515.01 $37,827.60 537,827A 70TALFROM COSTPERRF. TOTAL COST TDTALASSESSMMV FOOTAGE 03/04/98 00 CN n N • 0 TOTAL FRONT FEET._......._......_...... 2,320.16 PROJECT NO. 9536 COST TO PROPERTY OWNERS.....__ 537,827.60 COST PER FRONT FOOT......____..—. SI5.01 i FRONT TOTAL NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COSTIF.F. TOTAL COST ASSESSMENT COST 16. Jeffrey Craig & Kimberly Morgan 29 32 39 00003 0000 00020.0 124.70 $15.01 51,871.74 51,871.74 4365 60th Avenue Ponderosa Estates Unit l PBI 6)91 Vero Beach, FL 32%7 Lot 20 Leas S 20 Ft & S 34.9 Ft of Lot 21 (OR Bk 443 PP 814) 17. Gary Farless 29 32 39 00003 0000 00021.0 214.30 515.01 53,219.64 53,219.64 4445 60th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beady FL 32967 N 34.90 Ft of Lot 21 & AO of Lots 22 & 23 (OR Bk 494 PP 873) 18. Brucx O. & Valerie Kemcison 29 32 39 00003 0000 00024.0 149.92 515.01 52,25030 52,25030 443160th Avenue Ponderosa Estates Unit 1 PBI 6)81 Vero Beady FL 32967 Lot 24 & S 60.4 Ft of Lot 25 (OR Bk 399 PP 664) 9536FAR. WK4 2,320.16 515.01 $37,827.60 537,827A 70TALFROM COSTPERRF. TOTAL COST TDTALASSESSMMV FOOTAGE 03/04/98 00 CN n N • 0 9536COST.wk4 MARCH 249 1998 03/10/98 -55- t�OUK �t�,E FINAL COST FOR: 60th Avenue South of 45th Street in Ponderosa Estates S/D DATE: March 10, 1998 TOTAL F.F. PROJECT NO. 9536 2,520.16 FINAL COST TOTAL L.F. 1,327.54 CONSTRUCTION Labor Equipment $11,969.72 Asphalt $5,780.92 Sod $7,945.49 pipe $8,184.00 Limerock $4,634.67 Testing $4,887.45 $512.50 Total Construction Costs: $43,914.75 $43,914.75 PERMIT FEES $350.00 $350.00 ROW ACQUISITION &/OR TITLE SEARCH $132.00 $132.00 ENGINEERING ($2.59/L.F.) $2.59 x 1,327.54 4, g Sub -Total $47,835.08 Administration 3% Recording Fees $1,419.26 num TOTAL $49,447.84 25% County's Cost $12,361.96 75% Property Owner's Assessment 20/0 Tax Collector's Fee (75% Figure) $37,085.88 $741.72 TOTAL $37,827.60 Assessment = _ $37.827.60 $15.01 per front foot 2,520.16 IFF 9536COST.wk4 MARCH 249 1998 03/10/98 -55- t�OUK �t�,E B.A.I. CHAIRMAN TIPPIN - MUNICIPAL REPRESENTATION ON TREASURE COAST REGIONAL PLANNING COUNCIL - CITIES OF VERO BEACH AND SEBASTIAN - TOWN OF INDIAN RIVER SHORES The Board reviewed a Memorandum of March 19,, 1998 and letters of March 18,1998 and March 19, 1998: To: Board of County Commissioners From: John W. Tippin, Chairman Date: March 19, 1998 Subject: Municipal representation on Treasure Coast Regional Planning Council We received a letter from the City of Vero Beach today regarding their representation on the Treasure Coast Regional Planning Council. Since it was not clear in Mr. Taylor's letter whether the City wanted a permanent seat or to remain on rotation, Mr. Taylor was contacted by telephone. He said the Cty of Vero Beach would like to retain their place on a rotation schedule as in the past. City of Vero Beach 1053 - 20th PLACE - P.O. BOX 1389 VERO BEACH, FLORIDA 32961-1389 Telephone: (561) 978-4710 • Fax: (561) 778-3856 OFFICE OF THE CITY MANAGER / UTILITIES DIRECTOR March 18. 1998 Mr. Kenneth R. Macht, Vice Chairman County Commission 1840 25°i Street Vero Beach, Florida 32960 Dear Ken: At last night's City Council meeting the Council appointed Thomas White to serve on the Treasure Coast Regional Planning Council. It is the consensus of the City Council that they retain their voting position on this Council. I appreciate the Board of County Commissioners not acting on the request made by the Sebastian City Council before consulting with the City of Vero Beach to see if they had an interest in continuing to serve on the Treasure Coast Regional Planning Council. Sincerely, in ;6 Rex Taylor City Manager/Utilities Director MARCH 24, 1998 0 -56- • MAYOR. BARBARA HOLMEN VICE MAYOR. LOUIS E. BUCK COUNCIL. RCBMRTJ LESHE ROBERT J. SCNOEN CHARLES C. WURMSTEOT TOWN MANAGER- VW40M L OLLBERT TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A. INDIAN RIVER SHORES, FLORIDA 32963 (561) 231-1771 FAX (561) 231-4348 March 19, 1998 Ms. Alice White, Secretary RECEIVED County Commission Office MAR 2 0 1998 Indian River County Administration Building 1840 25th Street BOARD OF COUNTY Vero Beach, FL 32960 COMM)ss(ON Dear Ms. White: This is to notify you that the Town of Indian River Shores will not be providing an alternate member on the Treasure Coast Regional Planning Council at this time. If any additional information is required, please feel free to contact me. Sincerely, �-a"I - '41 wflll� OL - Virginia L. Gilbert Town Manager ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert the Board unanimously approved asking the Treasure Coast Regional Planning Council to grant a permanent place on the Council to the City of Sebastian and to continue the other municipalities on a rotation basis, with the exception of the Town of Indian River Shores which has elected not to participate at this time. 13.A.2. CHAIRMAN TIPPIN - F. MARCELLA WHEELER PROJECT 8707, ACCOUNT 390013) - PAVING AND DRAINAGE ASSESSMENT - EHA L. DECKARD The Board reviewed a letter of March 18, 1998: MARCH 24, 1998 1] rr '104 F'n":767 Lomb ISS/a✓ei� �fj,�/�/!'�j„� �F �O.¢r� RECEIVED %2e : Alec 3 900!3 - 4d -d y?o.-L MAR 2 0 1998 BOARD OF CQVi,(TY CO MISSiO i%rw l 'fo /ny S�SIeF-, t• �C•e`lh- "t�fl� reee--� cliiu,e,,)-, &kJ /1.W /vee �v��l k�o�, l i9er ��-she , s ;r,/ d, {::r"� e.4 !� �.►.d,-to �J, hes j � ;•e✓ ✓n/o Yev, ? s�rpss� ov/'" @B��7im�rJ /� d,✓�etr �� - �Bs�,�. i�l s ��^e ►� N•e,Cves + �pss . ��d� b•��,v>; �.� 1 y mor ,•�Y �r y td�s,�- he�- -#vALj6.4 /L) 070* A5 - olkE wAS ,4�1�%s �Y l��r octl�orC�J [XFkIyQY`- 7LO h*a W44 We- ar ka, , 1 y wd�ld 1.%ala �s A tie# 4er ov4 o�— As bo L r n4%-cl leave—%P—r- cur her- . 1�;q,,.,►� i�ll� -�ovN� she C�J,9•S tee`/�K,'�, urti, lw•ei (Lf��t►`J� -ss�f11-e� cf rs 4i A-7�j -fry +off v- �btiz • I Ii')4rce/& %5s h.Qe amema�•�� Cu, ,c �A� �S�Ci//S • ale. /dP- •0T�ye. A-41 n) A,- �, . LL)"e ye. • .5�..� caro H rL� A-7� /vf9 � �- I - .e,cO-Y4 ove✓-7Lfry, ;-- w h46L) sl.•e /s 0 ��d VrSi/wli a co1 of �jer• �„0 � 11 / Q.r t° -o ev Se RV,iI o .� pm rV yueV,,,, q Th o.4 fives+ ni"'I �fS d o -� b.Q, bVA 1 ede d 1 -d uzil 0A IIot� n4ow -47 111 wrE.�!/,�/ ti eede�, c?a!% s6/, — 08P?• • %A, Nod �~ yBd✓ COONS/�/�a-l�Bk]i � (/�9ij ,0�--�+5 / rte f1N U a JJ�A5ierJ i.i /�,�r�p-✓oi�� - •��q- .� • �CK,trreG . a: i �� SF'Ah'T Cre-� 1 i rJ4 trJ ✓ h10 nA� o2lO � r �ii4vP���-. MARCH 24, 1998 • -58- • Chairman Tippin advised that Mrs. Wheeler's family has rallied to help her out and has agreed to pay the principal paving lien but is requesting that the Board forgive the interest due on that lien. County Administrator Chandler stated that the principal due is $1,519 and the interest is $1,089. County Attorney Vitunac commented that his office is not taking any foreclosure action but is keeping the liens active. Commissioner Adams was concerned about setting a precedent. She felt very sympathetic to the lady involved but felt it would be unfair to others who have had difficulties but have made the effort to pay off the liens. Budget Director Joe Baird noted that the Project Number should be #8707, not #8702 as noted in Ms. Deckard's letter. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved letting the County Attorney's Office handle the matter with the understanding that there will be no foreclosure on the property but rather alien which will be disposed of when the property is sold and that interest will continue to accrue at the rate of 12% per annum. U.B. VICE CHAIRMAN MACHT - TELECOMMUNICATIONS - NACO SEMINAR, WASHINGTON, D.C. The Board reviewed a Memorandum of March 18, 1998: TO: Board of County Commissioners FROM: Kenneth R. Macht, Vice Chairman p DATE: March 18, 1998 I 1 RE: Telecommunications - NACO On Sunday, March 1st, while In Washington, D.C. at the NACO seminar, I attended the committee meeting on telecommunications and want to share with the fuWboard some of the mon: important Items discussed at the meeting. Initially, the fight to determine whether counties, industry, or the federal government will control local rights of way is being fought, not just in Florida, but on a national level. The type of right of way bill which is presently being MARCH 24, 1998 -59- 600K 1-04' Introduced in Florida has also been introduced in many of the states. The telecommunications industry has been active in congress also arguing for preemption of local control over rights of way; however, the speakers at the conference indicated that preemption would be considered by the federal government only as a last resort. The federal telecommunication regulators would like to give local governments adequate time to respond to the needs of Industry while protecting their rights of way to see if the two interests can coexist. If they can't, then the federal government will revisit preempting the field to federal control. The NACO representative present were strongly opposed to preemption. On another matter, In the future it will be technically feasible to identify and locate 911 calls. There was discussion on a move at the federal level to require that 911 calls be Identifiable as to phone number and location and whether this was an invasion of privacy. There was also some discussion regarding the concern of congress about rapidly rising cable rates. All rate regulation disappears in March, 1999, and it was the hope of the federal government that by that time there would be effective competition for cable service providers such that the rates would find a reasonable market level. However, the senators involved in the telecommunications committees indicated that they were keeping an eye on the rates and if effective competition did not materialize something would have to be done at the federal level. I personally questioned why all cable subscribers have 46.pay over $6.00 per month extra to fund the sports channels' expenses which are related to their extravagant sports salaries. The Senate Aide indicated that there was the Imminent possibility of federal regulations to break the monopoly on set -top -box rental charges by cable companies. This would allow generic competitors to be able to access the market for these accessory Items at a much lower cost than the cable companies are providing them. The discussion of the tower siting problem nationally showed that Indian River County's moratorium and ordinance adoption with the cooperation -of the tower Industry was the right way to go, and the procedures followed by our county are still being presented as the proper solution to the problem, so our county is several years ahead of the nation in that respect. There was also an announcement of an Invention of a wire antenna system which would hang from phone lines and power lines which would obviate the necessity for towers at all. The feeling of the speakers was that In the long run, tall communication towers are going to be obsolete, and that these three-foot long metal strips would adequately satisfy the needs of the cellular phone network. The cost of switching devices in each communication tower Is between one quarter and one-half million dollars, and that cost will totally disappear for the price of a three-foot strip of iron. The strip antenna inventor can be reached at "Sanders.com" at his e-mail on the Internet or by calling 603- 646-6460. Speakers discussed the requirement for universal service on phone systems and how that would be provided If the market were truly deregulated, since no one company would provide the infrastructure necessary to service Isolated areas of the country. No solutions were presented, although there was hope that coming technology will allow satellite service for isolated areas with very little infrastructure necessary. An interesting court case was mentioned which had just been handed down from a district court which held that in tower siting decisions the input of adjacent property owners Is a valid consideration if the presence of the proposed tower would adversely impact property values. This is the type of case which, If followed by other district courts throughout the nation, would be a factor In congress' decision to preempt the field of zoning regulation of tower siting cases, so the decision is a mixed blessing. Finally, and most interestingly, a valuation expert from a national law firm dealing with right of way issues has reached agreement with several telecommunications companies that the value of the right of way for franchise purposes was 8% of their gross revenue of the system using the right of way rather than the 1% currently under review in -Florida. The audience of elected county officials was most interested to hear that several national telecommunication companies have -settled for 8% valuation on right of way Issues, since that belies any statements to the effect that 1% is the most that a company can pay and still be economically viable. No action requested or taken. MARCH 24, 1998 • -60- • 13.E. COMMISSIONER GINN - OUT -OF -COUNTY TRAVEL TO GAINESVILLE, FLORIDA TO VISIT A TRADITIONAL NEIGHBORHOOD DESIGN DEVELOPMENT (TND) Commissioner Ginn asked for permission for out -of -county travel to Gainesville, Florida to visit a Traditional Neighborhood Design Development (TND). ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved out -of -county travel for Commissioner Ginn to visit a Traditional Neighborhood Design Development in Gainesville, Florida. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:57 a.m. ATTEST: c:D� Z(� J. on, Clerk *W. Tippin, C l Minutes Approved: MARCH 24, 1998 —61— E,p it 'c F',AGF 7 j 0