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HomeMy WebLinkAbout6/9/1998MINUTES'ATTACHED � BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, JUNE 99 1998 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS John W. Tipp4 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. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS D.C. Carson Platt Estate Acquisition and State's Policy of Not Allowing Counties to Hold a Title Interest when Participating in Joint Environmental Land Acquisitions 14.A.3. Feasibility Studies for Fire Stations #3, 5, 8, 9, and Planned North Barrier Island Station 5. PROCLAMATION and PRESENTATIONS Presentation of Proclamation Designating the Week of June 15-19, 1998 as Code Enforcement Officers' Appreciation Week in Indian River County 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) Indian River Farms Water Control District Map; 2) Fellsmere Water Control Dis- trict Map B. Approval of Warrants (memorandum dated May 28,1998) C. Resignation from and Replacement to the Public Library Advisory Board (memorandum dated May 22, 1998) 1 2-11 12 BOOK DO PAGE 01 BOOR 106 PAGE 02 7. CONSENT AGENDA (cont'd.): D. Request that the Board Approve an Extension to the Florida Communities Trust (FCT) Cost -Share Acquisition Agreement for Purchase of the Lost Tree Islands (memorandum dated June 2, 1998) E. Board Consideration of Consultant Rankings for Development of a Sebastian Area -Wide Scrub Jay Habitat Conservation Plan (HCP) (memorandum dated June 2, 1998) F. Windsor Properties Inc.'s Request for Planned Development (PD) Final Plat Approval for Block 30 (Windsor Plat 17) (memorandum dated June 3, 1998) G. County Owned Property (Former Youth Manor Site) - Lease Agreement (memorandum dated May 28, 1998) H. Miscellaneous Budget Amendment #020 (memorandum dated June 2,1998) I. Payments to Vendors of Court Related Costs (memorandum dated June 1, 1998) J. 4 Recently Acquired Properties - Tax Cancellations (memorandum dated June 1, 1998) K. Budget Adjustment (letter dated June 2, 1998) L. LLEBG 1997 Follow -Up Progress Report (memorandum dated June 3, 1998) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Sheriff Gary C. Wheeler. COPS MORE Grant (letter dated June 3, 1998) 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS BACKUP PAGES 13-16 17-31 32-42 43-45 46-50 51 52-62 63 66-105 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDI- NANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO PD COMMERCIAL FOR APPROXIMATELY 4.76 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF SR 60 IN THE 8400 BLOCK; AND DESCRIBED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE (Quasi -Judicial) (memorandum dated June 1, 1998) 106-125 9:05 A.M. 9. PUBLIC ITEMS (cont'd.): BACKUP A. PUBLIC HEARINGS-(contd.): PAGES 2. CED Construction Inc.'s Request for Planned Development (PD) Special Exception Use and Concurrent Preliminary PD Plan Approval to Construct an Elderly Affordable Multi -Family r Development to be Known as The Club at Vero (Quasi -Judicial) (memorandum dated May 29, 1998) 126-143 3. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 401.14 TO CLARIFY THE AGRICULTURAL EXEMPTION TO THE BUILDING CODE (memorandum dated June 3, 1998) 144-148 4. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 307.02, INDIAN RIVER COUNTY CODE TO PROHIBIT PARKING IN HANDICAP AISLES (memorandum dated June 3, 1998) 149-153 B. PUBLIC DISCUSSION ITEMS Request from Marbrisa Seaside Homeowners Association for County to Plant Landscaping at Seagrape Beach Access North of Marbrisa (memorandum dated June 2,1998) 154-158 C. PUBLIC NOTICE ITEMS None 10. COUNTY ARNMUSTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None D. Leisure Services Golf Carts - Sole Brand Designation - Purchase (memorandum dated May 28, 1998) 159-160 E. Office of Management and Budget FY 1998-99 Anti -Drug Abuse Grant Funding (memorandum dated May 29, 1998) 161-162 F. Personnel Group Life Insurance Renewal (memorandum dated June 2, 1998) 163-166 BOOK 10 6 P'AGE 03 i -I 11. DEPARTMENTAL MATTERS (cont'd )• G. Public Works 16th Street Right -of -Way Acquisition 43rd Ave. Improvements -Parcel No. 121, William E. Orth, Jr. and James N. Orth (memorandum dated June 1, 1998) H. Utilities Gardenia Gardens Developer's Agreement Finalization (memorandum dated June 1, 1998) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman John W. Tiepin B. Vice Chairman Kenneth R. Macht C. Commissioner Fran B. Adams D. Commissioner Carolyn K. Ert E. Commissioner Caroline D. Ginn Discussion of Children's Services Network 8001( 106 PACE 04 BACKUP PAGES 167-171 172-193 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District 1. Approval of minutes - meeting of 5/5/98 2. Health Occupations Agreement Between District Board of Trustees of Indian River Community College and the Indian River County Emergency Services District (memorandum dated May 22, 1998) 194-196 � i BACKUP 14. SPECIAL DISTRICTSBOARDS (cont'd )• PAGES B. Solid Waste Disposal District 1. Approval of Minutes - meeting of 5/5/98 2. Interagency/Public Works Agreement (memorandum dated May 21, 1998) 197-202 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 of meeting. -- �- -- ---- Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening BOW 106 PAGE 05 INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF JUNE 99 1998 1. CALL TO ORDER ............................................... 1 2. INVOCATION...................................................1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA .................................... 1 5. PROCLAMATION .............................................. 2 S.A. Code Enforcement Officers' Appreciation Week - June 15-19, 1998 .... 2 6. APPROVAL OF MINUTES ........................................ 3 7. CONSENT AGENDA ............................................ 3 7.A. Reports .................................................. 3 7.B. Approval of Warrants ....................................... 3 7.C. Library Advisory Board - Resignation of Elizabeth O'Connor - Appointment of Margaret Kamakaris ........................... 11 7.D. Florida Communities Trust (FCT) Cost -Share Acquisition Agreement Extension for Purchase of Lost Tree Islands (Addendum VIII) ....... 12 7.E. Sebastian Area -Wide Scrub Jay Habitat Conservation Plan Development - Consultant Rankings - Smith Environmental Services Ranked First .... 14 7.F. Windsor Properties Inc. - Planned Development (PD) Final Plat Approval for Block 30 (Windsor Plat 17) ............................... 16 7.G. Children's Home Society Lease Agreement (Former Youth Manor Site) 7.H. ..................................................... .. Miscellaneous Budget Amendment 020 ......................... 18 19 7.I. Payments to Vendors of Court -Related Costs .................... 21 71 Recently Acquired Properties (4) - Tax Cancellations - 1) R/W 43rd Avenue (Carwash West, Inc.); 2) R/W Willow Street (DaSilva); 3) R/W CR 510 - (Graves Brothers Co.); 4) R/W 66th Avenue - (Peterson) ....... 22 7.K. Sheriff's Office - Budget Amendment .......................... 33 7.L. Local Law Enforcement Block Grant (LLEBG) - 1997 - Progress Report ........................................................ 34 8. SHERIFF WHEELER - 1998 COPS MORE GRANT ................... 35 9.A.1. PUBLIC HEARING - MAGI INTERNATIONAL MANAGEMENT CO. - REQUEST TO REZONE APPROXIMATELY 4.76 ACRES (OWNED BY HARRY W. CLAYTON FAMILY TRUST) FROM CG TO PD (COMMERCIAL) AND REQUEST PRELIMINARY PD PLAN/PLAT APPROVAL FOR A MINI STORAGE FACILITY (SR -60) .................................... 38 1 BOOK 106FAGS 07 Ir 1 BOOK 106 PAGE 08 9.A.2. PUBLIC HEARING - CED CONSTRUCTION - PD SPECIAL EXCEPTION USE & CONCURRENT PRELIMINARY PD PLAN APPROVAL - CONSTRUCTION OF ELDERLY AFFORDABLE MULTI -FAMILY DEVELOPMENT - THE CLUB AT VERO (CURRENTLY OWNED BY WILLIAM AND PENNY BARKER..................................................... 52 9.A.3. PUBLIC HEARING - ORDINANCE AMENDING SECTION 401.14 TO CLARIFY THE AGRICULTURAL EXEMPTION TO THE BUILDING CODE ............................................................. 65 9.A.4. PUBLIC HEARING - ORDINANCE AMENDING SECTION 307.02 - PROHIBITION PARKING IN HANDICAP AISLES .................... 67 9.B. PUBLIC DISCUSSION ITEM - MARBRISA SEASIDE HOMEOWNERS ASSOCIATION'S REQUEST FOR COUNTY TO PLANT LANDSCAPING AT SEAGRAPE BEACH ............................................ 70 I I.D. GOLF CARTS - SOLE BRAND DESIGNATION - GO FOR RFP DECISION - GREENS' OVERSEEDING INFORMATION ....................... 74 1 LE. ANTI-DRUG ABUSE GRANT FUNDING FY 1998-99 ................. 79 11.F. GROUP LIFE INSURANCE RENEWAL - COUNTY EMPLOYEES ....... 81 l l.G. 16TH AVENUE RIGHT-OF-WAY ACQUISITION - 43RD AVENUE IMPROVEMENTS - PARCEL 121 - ORTH 82 1 LH. GARDENIA GARDENS - DEVELOPER'S AGREEMENT FINALIZATION ............................................................. 83 13.C. COMMISSIONER ADAMS - CARSON PLATT ESTATE AND REVIEW OF STATE'S POLICY OF NOT ALLOWING COUNTIES TO HOLD A TITLE INTEREST WHEN PARTICIPATING IN JOINT ENVIRONMENTAL LAND ACQUISITIONS - COMMISSIONER ADAMS TO ATTEND JULY LAMAC MEETING IN TALLAHASSEE ................................... 85 13.E. COMMISSIONER GINN - CHILDREN'S SERVICES NETWORK ........ 89 14.A. EMERGENCY SERVICES DISTRICT .............................. 92 14.B. SOLID WASTE DISPOSAL DISTRICT ............................. 92 2 0 - 0 June 9, 1998 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, June 9, 1998. 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 Ridgely, Deputy Clerk. L CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. EWOCATION Commissioner Ginn delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Commissioner Eggert requested the addition of 14.A.3., Feasibility Studies for Fire Stations #3, 55, 82 9, and Planned North Barrier Island Station, to the Emergency Services District meeting agenda. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Adams, the Board unanimously added the item to the agenda. June 9, 1998 1 BOOK 106 PAGE 09. BOOK 106 PAGE 10 Following the Solid Waste Disposal District meeting, Commissioner Adams reported on a letter which had been just received from Bill Roberts (lobbyist) of Tallahassee concerning the Carson Platt Estate purchase and a meeting of the Land Acquisition and Management Advisory Council at which they will review the State's policy of not allowing counties to hold a title interest when participating in joint land acquisitions. This matter has been added to the agenda as item 13.C. for record-keeping purposes. 5. PROCLAMATION S.A. Code Enforcement Officers' Appreciation Week - June 15-19= 1998 Chairman Tippin read the following proclamation aloud. It was accepted on behalf of the Code Enforcement Officers (who were working outside of the building) by Community Development Director Bob Keating. June 9, 1998 PROCLAMATION DEBIQG JOKE iS - JANE 19, 1998 AS CODE EMF EcMG NT OFFICERS' AVFRSCIATION WEER ffi INDIAN RIVER CODNT! WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in the community through the enforcement of building, zoning, housing, animal control, fire safety, environmental, and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods, as are emergency personnel such as police, fire, and emergency medical services; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times, their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve: NOW, Tom, HE IT 8R =RXMW By TBE BOARD OF Comm CO!ffiSSIONERS OF INDIAN RIVER COMM, FLORIDA that the week of June 15 - 19, 1998 be designated as CODE EXPORCEMOM OFBICERB' APPRECIATION WEER in Indian River County. The Board thanks the Code Enforcement Officers for their dedication and outstanding service to this community. The Board further encourages all citizens of this county to express their appreciation to these individuals who serve as Code Enforcement Officers in our county. Adopted this 9 day of June, 1998. 2 BOARD OF CODNTr CMMSSIONERS INDIAN RIVER COMM. FLORIDA. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA Commissioner Ginn requested that item 7.D. be separated from the Consent Agenda for discussion. 7.A. Reports The following reports have been received and placed on file in the office of the Clerk to the Board: 1) Indian River Farms Water Control District Map 2) Fellsmere Water Control District Map 7.B. Approval The Board reviewed a Memorandum of May 28, 1998: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MAY 28, 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 May 21 to May 28, 1998. June 9, 1998 3 BOOK 106 NAGE 11 BOOK 106 PAGE 12 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period May 21-28, 1998, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019340 INDIAN RIVER FEDERAL CREDIT 1998-04-15 .00 0019406 GREGORY, BRENDA 1998-05-21 1,496.91 0019407 KRUCZKIEWICZ, LORIANE 1998-05-28 138.50 0019408 BREVARD COUNTY CLERK OF THE 1998-05-28 422.04 0019409 ORANGE COUNTY CLERK OF THE 1998-05-28 135.20 0019410 ST LUCIE COUNTY CLERK OF THE 1998-05-28 350.50 0019411 RICHLAND COUNTY CLERK OF THE 1998-05-28 150.00 0019412 VELASQUEZ, MERIDA 1998-05-28 200.00 0019413 INDIAN RIVER COUNTY CLERK OF 1998-05-28 5,620.42 0019414 INDIAN RIVER COUNTY BOARD OF 1998-05-28 193.95 0019415 OKEECHOBEE CO., PMTS DOMES REL 1998-05-28 167.25 0019416 JACKSON COUNTY CLERK OF THE 1998-05-28 124.80 0019417 DOUGLAS COUNTY'CLERK OF COURT 1998 -OS -28 23.08 0019418 INTERNAL REVENUE SERVICE 1998-05-28 200.00 0019419 VERO BEACH FIREFIGHTERS ASSOC. 1998-05-28 1,956.00 0019420 INDIAN RIVER FEDERAL CREDIT 1998-05-28 87,472.43 0019421 COLONIAL LIFE & ACCIDENT 1998-05-28 257.69 0019422 NACO/SOUTHEAST 1998-05-28 4,990.21 0019423 KEY TRUST COMPANY 1998-05-28 760.25 0239556 FLORIDA DEPARTMENT OF 1998-03-26 .00 0241209 LESTICIER, ADMARIE 1998-04-23 .00 0241904 INTERNATIONAL PALM SOCIETY,INC 1998-05-07 .00 0242186 ECKERD DRUG CO 1998-05-14 .00 0242244 INDIAN RIVER COUNTY 1998-05-14 .00 0242528 AFFORDABLE LAND SERVICES, INC. 1998-05-21 .00 0242585 DAVES SPORTING GOODS 1998-05-21 .00 0243138 A-1 TREE EXPERTS, INC 1998-05-28 325.00 0243139 ADVANCED GARAGE DOORS, INC 1998-05-28 85.00 0243140 AERO PRODUCTS CORPORATION- 1998-05-28 528.00 0243141 ALPHA ACE HARDWARE 1998-05-28 43.15 0243142 ANIMAL CARE EQUIPMENT AND 1998-05-28 102.57 0243143 APPLE INDUSTRIAL SUPPLY CO 1998-05-28 480.82 0243144 APPLE MACHINE & SUPPLY CO 1998-05-28 252.58 0243145 ATCO TOOL SUPPLY 1998-05-28 211.36 0243146 AUDIOHOUSE 1998-05-28 48.50 0243147 AUTO SUPPLY CO OF VERO BEACH, 1998-05-28 662.12 0243148 AT EASE ARMY NAVY 1998-05-28 402.00 0243149 AEROSPACE EXPRESS 1998-05-28 93.00 0243150 ALL FLORIDA COFFEE & BOTTLED 1998-05-28 37.90 0243151 ADDISON OIL CO 1998-05-28 62.46 0243152 APCO INTERNATIONAL 1998-05-28 1,320.00 0243153 A T & T WIRELESS SERVICES 1998-05-28 135.30 0243154 A T & T 1998-05-28 30.84 0243155 AMERICAN LIBRARY ASSOC 1998-05-28 40.50 0243156 ATLANTIC COASTAL TITLE CORP 1998-05-28 65.00 0243157 ALBERTSON'S 1998-05-28 33.09 0243158 ALL COUNTY EQUIPMENT COMPANY 1998-05-28 584.00 June 9, 1998 4 0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243159 AUTO PARTS OF VERO, INC 1998-05-28 1,322.36 0243160 ARCHITECTS & DESIGNERS 1998-05-28 487.39 0243161 ABS 1998-05-28 987.83 0243162 BAKER DISTRIBUTING CO 1998-05-28 36.12 0243163 BOARD OF COUNTY COMMISSIONERS 1998-05-28 4,222.91 0243164 BLACKHAWK QUARRY COMPANY 1998-05-28 968.85 0243165 BELLSOUTH MOBILITY 1998-05-28 28.44 0243166 BARTON, JEFFREY K- CLERK 1998-05-28 184,755.35 0243167 BARTON, JEFFREY K -CLERK 1998-05-28 4,108.50 0243168 BERGGREN EQUIPMENT CO, INC 1998-05-28 215.07 0243169 B & B INDUSTRIAL SUPPLY CO. 1998-05-28 873.68 0243170 BARTON, JEFFREY K 1998-05-28 8,987.75 0243171 BRODART CO 1998-05-28 240.29 0243172 JANICE C BRODA, INC 1998-05-28 150.00 0243173 BOOKS IN MOTION 1998-05-28 15.00 0243174 BENSON, DANIEL W MD 1998 -OS -28 100.00 0243175 BOYNTON PUMP & IRRIGATION 1998-05-28 484.47 0243176 BILLING SERVICES INC 1998-05-28 47.28 0243177 BISHOP, SUSAN D 1998-05-28 256.00 0243178 BOTTORF ASSOCIATES, INC 1998-05-28 380.00 0243179 BAKER & TAYLOR ENTERTAINMENT 1998-05-28 1,056.47 0243180 BELLSOUTH 1998-05-28 12,000.62 0243181 BOGOSIAN & POWER 1998-05-28 475.00 0243182 BELLSOUTH PUBLIC COMMUNICATION 1998-05-28 29.88 0243183 BAKER & TAYLOR INC 1998-05-28 329.45 0243184 BMG 1998-05-28 87.12 0243185 BELFORD, DENNIS 1998-05-28 34.23 0243186 BLONDER, MICHELE 1998-05-28 20.00 0243187 BALLESTER, ANTONIO 1998-05-28 72.10 0243188 BELLSOUTH 1998-05-28 269.33 0243189 BROWN & CALDWELL 1998-05-28 91598.99 0243190 CITRUS MOTEL 1998-05-28 138.00 0243191 CLEMENTS PEST CONTROL 1998-05-28 19.00 0243192 COMMUNICATIONS INT'L INC 1998-05-28 5,000.00 0243193 CONSTRUCTIVE PLAYTHINGS 1998-05-28 30.33 0243194 CHEMSEARCH 1998-05-28 140.79 0243195 COASTAL REFINING & MARKETING 1998-05-28 5,817.98 0243196 CLINIC PHARMACY 1998-05-28 214.90 0243197 CENTER FOR THE ARTS, INC 1998-05-28 4,100.00 0243198 CLIFF BERRY ENVIRONMENTAL 1998-05-28 55.00 0243199 CALL ONE, INC 1998-05-28 11.57 0243200 CROSSROADS ANIMAL HOSPITAL 1998-05-28 21.00 0243201 CRITIC'S CHOICE VIDEO 1998-05-28 50.45 0243202 CONTRACT CONNECTION, INC 1998-05-28 7,503.00 0243203 CENTER FOR EMOTIONAL AND 1998-05-28 313.50 0243204 COURT REPORTERS INC 1998-05-28 293.00 0243205 COLUMBIA HOUSE 1998-05-28 12.76 0243206 CARTER, KELLY 1998-05-28 206.00 0243207 CORVEL 1998-05-28 330.32 0243208 CASTORENA, ISRAEL O 1998-05-28 25.00 0243209 CLUNK, JEFFREY 1998-05-28 314.00 0243210 CENTRAL AIR CONDITIONING & 1998-05-28 18.07 0243211 DEEP SIX DIVE SHOP, INC 1998-05-28 858.60 0243212 DELTA SUPPLY CO 1998-05-28 450.97 0243213 DICKERSON-FLORIDA, INC 1998-05-28 1,473.64 June 9, 1998 5 BOOK i0b PAGE 13 BOOK 106 FACE 1 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243214 DIVE RESCUE INT'L, INC 1998-05-28 450.00 0243215 DAVIDSON TITLES, INC 1998-05-28 105.68 0243216 DADE PAPER COMPANY 1998-05-28 393.58 0243217 FLORIDA DEPARTMENT OF 1998-05-28 2,500.00 0243218 DAYTONA BEACH HILTON HOTEL 1998-05-28 220.50 0243219 DOWNTOWN PRODUCE INC 1998-05-28 136.11 0243220 DILLARD, LASSIE 1998-05-28 36.05 0243221 DOCTORS' CLINIC 1998-05-28 553.66 0243222 DETKO, CATHY 1998-05-28 25.00 0243223 E -Z BREW COFFEE SERVICE, INC 1998-05-28 443.20 0243224 ERRETT, NANCY 1998-05-28 367.07 0243225 ECOTECH CONSULTANTS, INC 1998-05-28 21,288.06 0243226 ELLIS, SCOTT 1998-05-28 36.00 0243227 ECKERD DRUG CO 1998-05-28 633.70 0243228 EDWARDS, BONNIE 1998-05-28 141.63 0243229 EHRLICH, CHAD 1998-05-28 37.03 0243230 FEDERAL EXPRESS CORP 1998-05-28 31.25 0243231 FLORIDA EAST COAST RAILWAY CO 1998-05-28 142.21 0243232 FLORIDA BAR, THE 1998-05-28 190.00 0243233 FLORIDA EQUIPMENT & SERV INC 1998-05-28 815.00 0243234 FPL 1998-05-28 7,273.48 0243235 FLOWERS BAKING COMPANY OF 1998-05-28 61.32 0243236 FLORIDA TIRE RECYCLING, INC 1998-05-28 749..40 0243237 FRANKLIN PRODUCTS CORP 1998-05-28 2,179.43 0243238 FALCON CABLE TV 1998-05-28 23.90 0243239 FLORIDA ECONOMIC DEVELOPMENT 1998-05-28 225.00 0243240 FELLSMERE, CITY OF 1998-05-28 98.84 0243241 FLORIDA INSTITUTE OF C P A'S 1998-05-28 159.00 0243242 FALZONE, MATTHEW 1998-05-28 38.63 0243243 FLORIDAFFINITY, INC 1998-05-28 4,880.00 0243244 FARM PLAN CORP 1998-05-28 326.89 0243245 FALZONE, CHRISTOPHER 1998-05-28 36.05 0243246 FLORIDA ANIMAL LEAGUE 1998-05-28 18.00 0243247 FLORIDA STATE UNIVERSITY 1998-05-28 27.00 0243248 GENERAL INSURANCE UNDERWRITERS 1998-05-28 87.00 0243249 GLIDDEN COMPANY, THE 1998-05-28 49.70 0243250 GOODKNIGHT LAWN EQUIPMENT, INC 1998-05-28 182.88 0243251 GRAYBAR ELECTRIC CO INC 1998-05-28 270.95 0243252 GROLIER PUBLISHING COMPANY 1998-05-28 143.10 0243253 GOODYEAR AUTO SERVICE CENTER 1998-05-28 1,295.65 0243254 GREENE, ROBERT E 1998-05-28 1,736.98 0243255 GOODYEAR COMMERCIAL TIRE & 1998-05-28 4,087.72 0243256 GEAC COMPUTERS INC 1998-05-28 5,298.78 0243257 GARBER BUICK PONTIAC GMC TRUCK 1998-05-28 22,615.00 0243258 GIFFORD GROVES, LTD 1998-05-28 390.00 0243259 GLASER, AMY SMYTH 1998-05-28 200.58 0243260 GRILL REFILL, INC 1998-05-28 80.00 0243261 GLASS, LAURIE 1998-05-28 106.87 0243262 GOLDEN GATE TRAILER SALES,LLC 1998-05-28 32,831.08 0243263 GLASER, EDWARD 1998-05-28 72.10 4243264 HALL, PAMELA J 1998-05-28 67.58 0243265 HECTOR TURF, INC 1998-05-28 12,847.15 0243266 HERE'S FRED GOLF CO, INC 1998-05-28 31.92 0243267 HOLIDAY BUILDERS, INC 1998-05-28 1,500.00 0243268 HERITAGE BOOKS, INC 1998-05-28 234.00 0243269 HEBB, JOHN W JR 1998-05-28 68.73 0243270 HARRISON COMPANY PUBLISHERS 1998-05-28 78.80 0243271 HARRINGTON, SCOTT 1998-05-28 362.52 0243272 HIGHLANDS ANIMAL HOSPITAL 1998-05-28 15.00 0243273 HOMETOWN PET CARE CENTER 1998-05-28 119.75 0243274 HASENAUER, KRIS 1998-05-28 36.00 June 9, 1998 C. • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243275 HYATT REGENCY ORLANDO INT'L 1998-05-28 204.00 0243276 HAWKS CAY RESORT 1998-05-28 107.00 0243277 INDIAN RIVER COUNTY 1998-05-28 54,638.75 0243278 INDIAN RIVER COUNTY SOLID 1998-05-28 756.00 0243279 INDIAN RIVER ACE HARDWARE 1998-05-28 2.19 0243280 INDIAN RIVER BATTERY, INC 1998-05-28 967.70 0243281 INDIAN RIVER COUNTY HEALTH 1998-05-28 30.00 0243282 INDIAN RIVER COUNTY UTILITY 1998-05-28 322.81 0243283 INDIAN RIVER OXYGEN, INC 1998-05-28 224.50 0243284 INGRAM 1998-05-28 73.83 0243285 INDIAN RIVER MEMORIAL HOSPITAL 1998-05-28 353.81 0243286 INDIAN RIVER COUNTY 1998-05-28 18.66 0243287 INSURANCE SERVICING & 1998-05-28 3,635.00 0243288 IBM CORPORATION 1998-05-28 46.00 0243289 INDIAN RIVER COUNTY 1998-05-28 1,322.18 0243290 IRON OFFICE SOLUTIONS 1998-05-28 816.63 0243291 IMLA 1998-05-28 224.00 0243292 INDIAN RIVER COUNTY SHERIFF'S 1998-05-28 175.00 0243293 CARLSON, JOYCE M JOHNSTON 1998-05-28 42.34 0243294 JONES CHEMICALS, INC 1998-05-28 6,965.41 0243295 KNIGHT & MATHIS, INC 1998-05-28 789.34 0243296 KESSLER, MICHAEL, ESQ 1998-05-28 210.00 0243297 LEAHY MICROGRAPHICS, INC 1998-05-28 1,380.38 0243298 LEISURE ARTS, INC 1998-05-28 29.45 0243299 LOWE'S HOME CENTERS, INC 1998-05-28 917.30 0243300 LOCKWOOD, THOMAS 1998-05-28 1,331.34 0243301 LIGHT SOURCE BUSINESS SYSTEMS 1998-05-28 308.76 0243302 LFI VERO BEACH, INC 1998-05-28 7,131.44 0243303 LOGAN'S SHARPENING & SMALL 1998-05-28 45.00 0243304 LUCENT TECHNOLOGIES 1998-05-28 86.95 0243305 LOWE'S HOME CENTERS, INC 1998-05-28 227.83 0243306 LABCORP 1998-05-28 375.00 0243307 LOWTHER CREMATION SERVICES INC 1998-05-28 300.00 0243308 LOCKHART, WILLIE A 1998-05-28 300.00 0243309 LOCKHART, RUBY 1998-05-28 300.00 0243310 M D MOODY & SONS, INC 1998-05-28 223.40 0243311 MCCOLLUM, NATHAN 1998-05-28 107.00 0243312 MCCORKLE RADIOLOGY 1998-05-28 18.00 0243313 INDIAN RIVER COMMUNITY COLLEGE 1998-05-28 14,174.17 0243314 MICKLER'S FLORIDIANA, INC 1998-05-28 98.18 0243315 MIKES GARAGE 1998-05-28 621.00 0243214 DIVE RESCUE INT'L, INC 1998-05-28 450.00 0243215 DAVIDSON TITLES, INC 1998-05-28 105.68 0243216 DADE PAPER COMPANY 1998-05-28 393.58 0243217 FLORIDA DEPARTMENT OF 1998-05-28 2,500.00 0243218 DAYTONA BEACH HILTON HOTEL 1998-05-28 220.50 0243219 DOWNTOWN PRODUCE INC 1998-05-28 136.11 0243220 DILLARD, LASSIE 1998-05-28 36.05 0243221 DOCTORS' CLINIC 1998-05-28 553.66 0243222 DETKO, CATHY 1998-05-28 25.00 0243223 E -Z BREW COFFEE SERVICE, INC 1998-05-28 443.20 0243224 ERRETT, NANCY 1998-05-28 367.07 0243225 ECOTECH CONSULTANTS, INC 1998-05-28 21,288.06 0243226 ELLIS, SCOTT 1998-05-28 36.00 0243227 ECKERD DRUG CO 1998-05-28 633.70 0243228 EDWARDS, BONNIE 1998-05-28 141.63 0243229 EHRLICH, CHAD 1998-05-28 37.03 0243230 FEDERAL EXPRESS CORP 1998-05-28 31.25 0243231 FLORIDA EAST COAST RAILWAY CO 1998-05-28 142.21 0243232 FLORIDA BAR, THE 1998-05-28 190.00 0243233 FLORIDA EQUIPMENT & SERV INC 1998-05-28 815.00 June 9, 1998 7 BOOK 106 PAGE 15 BOOK 106 PAGE CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243234 FPL 1998-05-28 7,273.48 0243235 FLOWERS BAKING COMPANY OF 1998-05-28 61.32 0243236 FLORIDA TIRE RECYCLING, INC 1998-05-28 749.40 0243237 FRANKLIN PRODUCTS CORP 1998-05-28 2,179.43 0243238 FALCON CABLE TV 1998-05-28 23.90 0243239 FLORIDA ECONOMIC DEVELOPMENT 1998-05-28 225.00 0243240 FELLSMERE, CITY OF 1998-05-28 98.84 0243241 FLORIDA INSTITUTE OF C P A'S 1998-05-28 159.00 0243242 FALZONE, MATTHEW 1998-05-28 38.63 0243243 FLORIDAFFINITY, INC 1998-05-28 4,880.00 0243244 FARM PLAN CORP 1998-05-28 326.89 0243245 FALZONE, CHRISTOPHER 1998-05-28 36.05 0243246 FLORIDA ANIMAL LEAGUE 1998-05-28 18.00 0243247 FLORIDA STATE UNIVERSITY 1998-05-28 27.00 0243248 GENERAL INSURANCE UNDERWRITERS 1998-05-28 87.00 0243249 GLIDDEN COMPANY, THE 1998-05-28 49.70 0243250 GOODKNIGHT LAWN EQUIPMENT, INC 1998-05-28 182.88 0243251 GRAYBAR ELECTRIC CO INC 1998-05-28 270.95 0243252 GROLIER PUBLISHING COMPANY 1998-05-28 143.10 0243253 GOODYEAR AUTO SERVICE CENTER 1998-05-28 1,295.65 0243254 GREENE, ROBERT E 1998-05-28 1,736.98 0243255 GOODYEAR COMMERCIAL TIRE & 1998-05-28 4,087.72 0243256 GEAC COMPUTERS INC 1998-05-28 5,298.78 0243257 GARBER BUICK PONTIAC GMC TRUCK 1998-05-28 22,615.00 0243258 GIFFORD GROVES, LTD 1998-05-28 390.00 0243259 GLASER, AMY SMYTH 1998-05-28 200.58 0243260 GRILL REFILL, INC 1998-05-28 80.00 0243261 GLASS, LAURIE 1998-05-28 106.87 0243262 GOLDEN GATE TRAILER SALES,LLC 1998-05-28 32,831.08 0243263 GLASER, EDWARD 1998-05-28 72.10 0243264 HALL, PAMELA J 1998-05-28 67.58 0243265 HECTOR TURF, INC 1998-05-28 12,847.15 0243266 HERE'S FRED GOLF CO, INC 1998-05-28 31.92 0243267 HOLIDAY BUILDERS, INC 1998-05-28 1,500.00 0243268 HERITAGE BOOKS, INC 1998-05-28 234.00 0243269 HEBB, JOHN W JR 1998-05-28 68.73 0243270 HARRISON COMPANY PUBLISHERS 1998-05-28 78.80 0243271 HARRINGTON, SCOTT 1998-05-28 362.52 0243272 HIGHLANDS ANIMAL HOSPITAL 1998-05-28 15.00 0243273 HOMETOWN PET CARE CENTER 1998-05-28 119.75 0243274 HASENAUER, KRIS 1998-05-28 36.00 0243275 HYATT REGENCY ORLANDO INT"L 1998-05-28 204.00 0243276 HAWKS CAY RESORT 1998-05-28 107.00 0243277 INDIAN RIVER COUNTY 1998-05-28 54,638.75 0243278 INDIAN RIVER COUNTY SOLID 1998-05-28 756.00 0243279 INDIAN RIVER ACE HARDWARE 1998-05-28 2.19 0243280 INDIAN RIVER BATTERY, INC 1998-05-28 967.70 0243281 INDIAN RIVER COUNTY HEALTH 1998-05-28 30.00 0243282 INDIAN RIVER COUNTY UTILITY 1998-05-28 322.81 0243283 INDIAN RIVER OXYGEN, INC 1998-05-28 224.50 0243284 INGRAM 1998-05-28 73.83 0243285 INDIAN RIVER MEMORIAL HOSPITAL 1998-05-28 353.81 0243286 INDIAN RIVER COUNTY 1998-05-28 18.66 0243287 INSURANCE SERVICING & 1998-05-28 3,635.00 0243288 IBM CORPORATION 1998-05-28 46.00 0243289 INDIAN RIVER COUNTY 1998-05-28 1,322.18 0243290 IKON OFFICE SOLUTIONS 1998-05-28 816.63 . 0243291 IMLA 1998-05-28 224.00 0243292 INDIAN RIVER COUNTY SHERIFF'S 1998-05-28 175.00 0243293 CARLSON, JOYCE M JOHNSTON 1998-05-28 42.34 0243294 JONES CHEMICALS, INC 1998-05-28 6,965.41 June 9, 1998 8 vft I • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243295 KNIGHT & MATHIS, INC 1998-05-28 789.34 0243296 KESSLER, MICHAEL, ESQ 1998-05-28 210.00 0243297 LEAHY MICROGRAPHICS, INC 1998-05-28 1,380.38 0243298 LEISURE ARTS, INC 1998-05-28 29.45 0243299 LOWE'S HOME CENTERS, INC 1998-05-28 917.30 0243300 LOCKWOOD, THOMAS 1998-05-28 1,331.34 0243301 LIGHT SOURCE BUSINESS SYSTEMS 1998-05-28 308.76 0243302 LFI VERO BEACH, INC 1998-05-28 7,131.44 0243303 LOGAN'S SHARPENING & SMALL 1998-05-28 45.00 0243304 LUCENT TECHNOLOGIES 1998-05-28 86.95 0243305 LOWE'S HOME CENTERS, INC 1998-05-28 227.83 0243306 LABCORP 1998-05-28 375.00 0243307 LOWTHER CREMATION SERVICES INC 1998-05-28 300.00 0243308 LOCKHART, WILLIE A 1998-05-28 300.00 0243309 LOCKHART, RUBY 1998-05-28 300.00 0243310 M D MOODY & SONS, INC 1998-05-28 223.40 0243311 MCCOLLUM, NATHAN 1998-05-28 107.00 0243312 MCCORKLE RADIOLOGY 1998-05-28 18.00 0243313 INDIAN RIVER COMMUNITY COLLEGE 1998-05-28 14,174.17 0243314 MICKLER'S FLORIDIANA, INC 1998-05-28 98.18 0243315 MIKES GARAGE 1998-05-28 621.00 0243316 MILNER DOCUMENT PRODUCTS 1998-05-28 200.00 0243317 MITRON SYSTEMS CORPORATION 1998-05-28 206.50 0243318 MEDICAL RECORD SERVICES, INC 1998-05-28 55.93 0243319 MILNER BUSINESS PRODUCTS 1998-05-28 1,565.00 0243320 MAURER, ERMA B, RN 1998-05-28 25.00 0243321 MIDWEST TAPE EXCHANGE 1998-05-28 27.90 0243322 MOON, D P 1998-05-28 922.82 0243323 MURDRICK, WITT, LEVY & CONSOR 1998-05-28 836.00 0243324 MEDIFIN, INC 1998-05-28 494.00 0243325 NATIONAL GEOGRAPHIC SOCIETY 1998-05-28 34.00 0243326 NOLTE, DAVID C 1998-05-28 170,283.73 0243327 NOTARY PUBLIC UNDERWRITER, INC 1998-05-28 93.00 0243328 NICOSIA, ROGER.J DO 1998-05-28 1,500.00 0243329 NATIONAL AMBULANCE BUILDERS, 1998-05-28 333.05 0243330 NEW HORIZONS OF THE TREASURE 1998-05-28 31,762.08 0243331 NATIONAL PROPANE CORP 1998-05-28 60.82 0243332 NICKERSON, LOUIS 1998-05-28 103.00 0243333 OFFICE PRODUCTS & SERVICE 1998-05-28 1,335.29 0243334 OFFICE PRODUCTS & SERVICE 1998-05-28 160.00 0243335 OFFICE DEPOT, INC 1998-05-28 1,327.45 0243336 OSCEOLA PHARMACY 1998-05-28 296.94 0243337 PROFESSIONAL GOLFERS' ASSOC ,1998-05-28 565.00 0243338 PIERCE MANUFACTURING CO 1998-05-28 222,225.00 0243339 PRIDE OF FLORIDA 1998-05-28 8,545.50 0243340 PROCTOR CONSTRUCTION 1998-05-28 500.00 0243341 PRESS JOURNAL 1998-05-28 507.75 0243342 POSTMASTER 1998-05-28 128.00 0243343 PETERSEN INDUSTRIES, INC 1998-05-28 442.46 0243344 PANGBURN, TERRI 1998-05-28 24.00 0243345 PRAXAIR DISTRIBUTION 1998-05-28 123.25 0243346 PROFESSIONAL CASE MANAGEMENT 1998-05-28 376.00 0243347 PROMEDIX 1998-05-28 495.49 0243348 PETERSON, FRED H AND 1998-05-28 18,509.10 0243349 PUBLIC -INTEREST VIDEO 1998-05-28 34.90 0243350 PIERCE MANUFACTURING, INC 1998-05-28 208,529.00 0243351 QUALITY BOOKS, INC 1998-05-28 95.22 0243352 R & J CRANE SERVICE, INC 1998-05-28 210.00 0243353 ROBINSON EQUIPMENT COMPANY,INC 1998-05-28 35.76 June 9, 1998 GJ • EOOK 106 PAGE 17 BOOK 146 ME 18 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243354 ROBERTS & REYNOLDS PA 1998-05-28 4,569.95 0243355 RANGER CONSTRUCTION IND, INC 1998-05-28 291.33 0243356 RUBBER STAMP EXPRESS & MORE 1998-05-28 13.50 0243357 RSR WHOLESALE SOUTH, INC 1998-05-28 6,108.48 0243358 SAFETY EQUIPMENT COMPANY 1998-05-28 273.55 0243359 SEBASTIAN, CITY OF 1998-05-28 150.00 0243360 SEXUAL ASSAULT ASSISTANCE 1998-05-28 4,420.75 0243361 SHERWIN-WILLIAMS 1998-05-28 86.03 0243362 SMART CORPORATION 1998-05-28 9.02 0243363 SOUTHERN CULVERT, DIV OF 1998-05-28 3,005.43 0243364 STATE OF FLORIDA 1998-05-28 29,970.48 0243365 STONE BROS FUNERAL HOME 1998-05-28 900.00 0243366 SUN COAST WELDING SUPPLIES INC 1998-05-28 59.80 0243367 ST LUCIE PAPER & PACKAGING,INC 1998-05-28 1,113.24 0243368 SERVICE REFRIGERATION CO, INC 1998-05-28 12.60 0243369 SIMON & SCHUSTER 1998-05-28 139.14 0243370 SOUTHERN SEWER EQUIPMENT SALES 1998-05-28 1,141.17 0243371 SHEPARD'S 1998-05-28 2,536.99 0243372 SUN BELT MEDICAL SUPPLY, INC 1998-05-28 949.20 0243373 SELIG CHEMICAL IND 1998-05-28 136.94 0243374 SALEM PRESS, INC 1998-05-28 94.25 0243375 SHELDON, JAMES 1998-05-28 159.13 0243376 SUPERIOR PRINTING 1998-05-28 102.00 0243377 STEWART MINING INDUSTRIES INC 1998-05-28 5,914.19 0243378 SEBASTIAN POLICE DEPARTMENT 1998-05-28 25.00 0243379 SCHWEY SERVICES 1998-05-28 1,595.00 0243380 SHELDON, JAMES 1998-05-28 184.44 0243381 SLP INVESTMENTS 1998-05-28 12.95 0243382 SERVICE MERCHANDISE 1998-05-28 109.97 0243383 TEXACO CREDIT CARD CENTER 1998-05-28 1,205.03 0243384 SAFETY ZONE SPECIALIST INC 1998-05-28 495.00 0243385 TW COMMUNICATIONS 1998-05-28 1,680.09 0243386 TREASURE COAST CONTRACTING,INC 1998-05-28 10,778.01 0243387 TEM SYSTEMS INC 1998-05-28 90.75 0243388 TRI -COUNTY GAS 1998-05-28 378.78 0243389 US FILTER DISTRIBUTION GROUP 1998-05-28 25,051.68 0243390 UNIVERSITY PARK MEDIA 1998-05-28 131.22 0243391 USA BLUEBOOK 1998-05-28 404.22 0243392 VERO BEACH HIGH SCHOOL 1998-05-28 200.00 0243393 VELDE FORD, INC 1998-05-28 2,123.88 0243394 VERO BEACH, CITY OF 1998-05-28 9,175.00 0243395 VERO CHEMICAL DISTRIBUTORS,INC 1998-05-28 3,338.26 0243396 VERO LAWNMOWER CENTER, INC 1998-05-28 217.73 0243397 VERO TRAVEL SERVICE, INC 1998-05-28 240.00 0243398 VERO BEACH, CITY OF 1998-05-28 1,621.54 0243399 VERO BEACH POLICE DEPARTMENT 1998-05-28 200.00 0243400 VEY, CARRIE 1998-05-28 128.75 0243401 VERO BEARING & BOLT 1998-05-28 618.47 0243402 VOLUNTEER ACTION CENTER 1998-05-28 125.00 0243403 VERO FIRST CORPORATION 1998-05-28 268.00 0243404 VERO BEACH FIREFIGHTERS 1998-05-28 2,500.00 0243405 VAL MATIC VALVE & MGF CORP 1998-05-28 48.71 0243406 WAL-MART STORES, INC 1998-05-28 292.10 0243407 WALGREENS PHARMACY 1998-05-28 217.53 0243408 WEST PUBLISHING PAYMENT CTR 1998-05-28 4,036.80 0243409 WINN DIXIE STORES, INC 1998-05-28 472.50 0243410 WILLHOFF, PATSY 1998-05-28 130.00 0243411 WHARTON-SMITH, INC 1998-05-28 342,941.95 0243412 WATERWORKS CAR WASH 1998-05-28 81.75 0243413 WEST, JEFF 1998-05-28 6.00 June 9, 1998 10 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243414 WOLFE, CARL 1998-05-28 6.00 0243415 WOLFE, MEGAN 1998-05-28 30.90 0243416 WALGREENS PHARMACY 1998-05-28 137.97 0243417 WOLFE, ERIN 1998-05-28 15.45 0243418 WASTE MANAGEMENT, INC 1998-05-28 372,023.46 0243419 YAVORSKY'S TRUCK SERVICE,INC 1998-05-28 1,010.74 0243420 GIARIZZI, SALVATORE 1998-05-28 53.56 0243421 LA ROSE, LOUIS & ANNETTE 1998-05-28 105.00 2,119,228.94 7.C. Library Advisory Board - Resignation of Elizabeth O'Connor - Annointment o Margaret Kamakaris The Board reviewed a Letter of May 22, 1998: BETTY O'CONNOR May 22, 1998 491 THOMAS STREET SEBASTIAN. FL 32958 Commissioner Carolyn K. Eggert, Chairman Public Library Advisory Board 1840 25th Street Vero Beach, F132960 Dear Chairman Eggert, I would like to submit my resignation as a member of the Public Library Advisory Board. I have enjoyed being involved in library policy for the past three years and I thank you for appointing me. May I suggest as a replacement Mrs. Margaret Kamakaris. She has been actively involved with the Friends of the North Indian River County Library for many years and is presently serving a second term as President. It has been a pleasure serving on this Board. Sincerely, Elizabeth E. O'Connor June 9, 1998 11 BOOK 10b PAGE 19 BOOK 106 PAGE 20 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously accepted the resignation of Elizabeth E. O'Connor from the Indian River County Public Library Advisory Board and appointed Margaret Kamakaris as her replacement. 7A Florida Communities Trust (FCTj Cost -Share Acquisition Agreement Extension for Purchase ofLost Tree Islands (Addendum The Board reviewed a Memorandum of June 2, 1998: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: obert M. Keating, AI P j Community Development Director FROM: Roland M. DeBloib, AICP Chief, Environmental Planning DATE: June 2, 1998 RE: Request that the Board Approve an Extension to the Florida Communities Trust (FCT) Cost -Share Acquisition Agreement for Purchase of the Lost Tree Islands It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 1998. DESCRIPTION ONDITIONS Staff requests that the Board of County Commissioners authorize the Board Chairman to execute the attached "Addendum VIII to the Conceptual Approval Agreement" for the Lost Tree Islands (FCT Project #93-001-P3A). This Addendum extends the FCT grant award expiration date for the Lost Tree Islands project to December 4, 1998. The document formalizes the FCT Governing Body's approval of county staffs request for an extension, which approval occurred at the FCT Governing Body's meeting on May 18, 1998. Acquisition Status The Board of County Commissioners, at its meeting of May 26, 1998, voted to offer (through the Florida Communities Trust) $7.1 million to Lost Tree Village Corporation for purchase of the islands. County staff has contacted FCT staff concerning the offer (see attached). According to FCT staff, the formal revised offer is to occur the week of June 1 st. FCT staff has indicated that the attached Addendum VIII grant extension is most likely the last extension that the FCT Governing Board will approve for the project. June 9, 1998 12 • Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement addendum, and authorize staff to coordinate with the Town of Indian River Shores and the City of Vero Beach for approval of the addendum by those municipalities. Addendum VIII to the Conceptual Approval Agreement relating to County/State acquisition of the Lost Tree Islands. 2. Letter dated 05/28/98 from county staff to FCT regarding the revised $7.1 million offer. • Commissioner Ginn advised that she had asked that this item be separated in order to get a report from the County Attorney's Office on what has happened since the matter last came before the Board.. Assistant County Attorney Terrence P. O'Brien responded that he had written a memorandum to the Board last week advising that he had received a copy of a letter addressed to Attorney Ernest Cox (attorney for Lost Tree Village) from FCT, dated June 4, 1998, transmitting a final offer in the amount of $7.1 million to Mr. Cox's client for the acquisition of the property known as Lost Tree Islands with the necessary agreements for signatures. The time for acceptance of the offer is June 22, 1998. Therefore, the offer is now before Lost Tree to accept or reject or make a counteroffer. (Copy of letter on file with the backup in the office of the Clerk to the Board.) Commissioner Ginn noted that the interest of the public in this issue is still great as could be seen by the number of interested citizens present in the Chambers. She cited her reasons and recommended that if this attempt at further negotiations by FCT is not productive that the County again bring negotiations back in-house. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Macht, the Board unanimously authorized the Chairman to execute Addendum VIII to Conceptual Approval Agreement and authorized staff to coordinate with the Town of Indian River Shores and the City of Vero Beach for approval of the Addendum by those municipalities, as recommended in the Memorandum. June 9, 1998 13 BOOK 106 PAGE 21 Bou 106 PAcE 22 MOTION WAS MADE by Commissioner Ginn, SECONDED by Commissioner Eggert that if the negotiations of FCT for the purchase of Lost Tree Islands is unproductive, that the negotiations be moved back to the County. Under discussion, Vice Chairman Macht stated that if the FCT negotiations fail, the appraisals will be released and everybody will know the amounts and he predicted it would be very interesting. He recommended that the Board wait until that time before proceeding with any further motions or involvement. Commissioners Ginn and Eggert agreed. Commissioner Adams believed amotion ofthis sort would handicap the effort ofFCT and undercut their ability to negotiate. MOTION AND SECOND WITHDRAWN. COPY OF PARTIALLY EXECUTED ADDENDUM VIII ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. Sebastian Area -Wide Scrub Jay Habitat Conservation Plan Development - Consultant Rankings - Smith Environmental Services Ranked First The Board reviewed a Memorandum of June 2, 1998: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: y Robert .Keating, AI Community Development IN FROM: Roland M. DeBlois CP Chief, Environmental Planning DATE: June 2, 1998 SUBJECT: Board Consideration of Consultant Rankings for Development of a Sebastian Area -Wide Scrub Jay Habitat Conservation Plan (HCP) June 9, 1998 14 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 1998. The Board of County Commissioners, at its meeting of December 9, 1997, authorized staff to develop a scope of services and issue a Request for Proposals (RFP) for professional services relating to development of a Sebastian area -wide scrub jay Habitat Conservation Plan (HCP). The purpose of the proposed HCP is to obtain an "incidental take" permit from the U.S. Fish and Wildlife Service (FWS) to release for development ±450 privately owned platted scrub lots in Sebastian Highlands Subdivision, using publicly owned scrub land for mitigation credit to offset the development impacts of the platted scrub lots (see attached minutes). On February 25, 1998, county staff issued RFP # 8047 to solicit the services of a consultant to undertake development of the HCP. After the closing date for the RFP of March 18, 1998, the county administrator appointed a selection committee to select a final candidate for approval by the Board. The committee members are: Roland DeBlois, Robert. Keating, Mike Jennings (U.S. Fish and Wildlife Service), Greg Smith (Indian River School Board), and Tracy Hass (Sebastian City Planning). Eleven consulting firms responded to the RFP by the closing date. After reviewing the eleven submitted proposals, the selection committee established a "short list" of four firms. The four firms on the short list are: Kimley-Horn and Associates (Vero Beach); Environmental Management Systems (Altamonte Springs); Dames and Moore (Tampa); and Smith Environmental Services (Merritt Island). On May 15, 1998, the four fines on the short list gave presentations to the selection committee. The selection committee has since evaluated the four firms and has ranked the firms as follows: 1. Smith Environmental Services 2. Kimley-Horn and Associates 3. Dames and Moore 4. Environmental Management Systems If the Board concurs with the selection committee's ranking, staff will negotiate a contract with the top ranked consultant. If negotiations with the top ranked consultant are unsuccessful, staff will then negotiate with the second ranked firm. This procedure conforms with the Consultants Competitive Negotiation Act (CCNA), which procedures the County generally uses in its selection of consultants. Once a contract has been negotiated, staff will bring the contract to the Board for its approval. Staff recommends that the Board of County Commissioners approve the consultant selection committee's rankings of consultants for the HCP project. Staff further recommends that the Board authorize staff to negotiate a contract with the top ranked consultant. Minutes excerpt of December 9, 1997 BCC meeting HCP/ RFP Scope of Services June 9, 1998 15 BOOK 106 PACE id bou 106 P -An 24 7 ON MOTION by Commissioner Eggert; SECONDED BY Commissioner Grin, the Board unanimously approved the consultant selection committee's rankings of consultants for the HCP project and authorized staff to negotiate a contract with the top ranked consultant, Smith Environmental Services, as recommended in the Memorandum. 7.F. WindsorProertieslnc. -Planned Development (PD) Final Plat Approval for Block 30 (Windsor Plat 17� The Board reviewed a Memorandum of June 3, 1998: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keating, AICPJ Community Development Director THROUGH: Stan Boling, CP Planning Director FROM: John W. McCoy, AICP M Senior Planner, Current Development DATE: June 3, 1998 SUBJECT: Windsor Properties Inc.'s Request for Planned Development (PD) Final Plat Approval for Block 30 (Windsor Plat 17) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 1998. Block 30 of Windsor is a 2 lot subdivision of a 3.22 acre parcel of land located on the east side of SR AIA (see attachment #2). The subject property is zoned RS -3, Residential Single Family (up to 3 units/acre) and has a land use designation of L-1, Low Density 1 (up to 3 units/acre). The density of the subdivision is .62 units per acre. June 9, 1998 IR 0 • • 0 On February 27, 1997, the Planning and Zoning Commission granted PD preliminary plat approval for Windsor Block 30. That plat conformed to the previously approved Windsor conceptual PD plan for the overall project. The developer, Windsor Properties Inc., subsequently obtained a land development permit for the Block 30 area and has completed construction of the required subdivision improvements. The developer is now requesting PD final plat approval and has submitted the following: 1. A final plat in conformance with the approved PD preliminary plat. 2. A certificate of completion for all required improvements. 3. A contract for construction for off-site improvements. 4. A cash escrow agreement. ANALYSIS: All required subdivision improvements have been completed and the developer has obtained a certificate of completion from Public Works certifying that all required improvements are complete and acceptable, with the exception of a sidewalk along the project's SR AlA frontage. A contract for construction and letter of credit have been approved by the county attorney, guaranteeing future construction of the sidewalk. Public Works has approved the cost estimate for the proposed construction. All subdivision improvements are privately dedicated with the exception of the utility system, which is separately warranted through the Department of Utility Services. Therefore, no subdivision warranty and maintenance agreement is required. All requirements of PD final plat approval are satisfied. Staff recommends that the Board of County Commissioners grant PD final plat approval for the Windsor Plat 17, authorize the chairman to sign the contract for construction, and accept the cash escrow to guarantee the construction. TTACHMENT 1. Application 2. Location Map 3. Final Plat 4. Contract for Construction with Cash Deposit & Escrow Agreement (copies) June 9, 1998 17 BOOK 106 PAIGE 25 BOOK 106 FACE 6 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Grin, the Board unanimously granted final plat approval for the Windsor Plat 17, authorized the Chairman to sign the contract for construction, and accepted the cash escrow to guarantee the construction, as recommended in the Memorandum. COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED RHROVEMENTS & CASH DEPOSIT AND ESCROW AGREEIVE TT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. Children's Home Society Lease Agreement (Former Youth Manor Site The Board reviewed a Memorandum of May 28, 1998: Date: May 28, 1998 CONSENT AGENDA To: Honorable Board of County Commissioners Thru: James E. Chandler County Administrator 1 From: H.T. "Sony+" Dean, Director r Department of General Services Subject: County Owned Property (Former Youth Manor Site) - Lease Agreement BACKGROUND: At their regular meeting on May 12, 1998, the Board approved leasing of the subject property to Children's Home Society, Treasure Coast Division, for a period of ten years as recommended by staff. The attached Lease Agreement has been prepared by the County Attorney's office with insurances as recommended by Risk Management. RECOMMENDATION: Staff recommends approval of the attached lease as submitted and requests authorization for the Chairman to execute the document. June 9, 1998 18 C. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously approved the lease as submitted and authorized the Chairman to execute the document, as recommended in the Memorandum. LEASE AGREEMENT IS ON FILE IN TAE OFFICE OF THE CLERK TO THE BOARD 7.H. Miscellaneous Budget Amendment 020 The Board reviewed a Memorandum of June 2, 1998: TO: Members of the Board of County Commissioners DATE: June 2, 1998 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 020 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees for the quarter ending March 31, 1998. A budget amendment is required to reflect these payments: (Memo attached from Interim Personnel Director, Tom Bisaillon). 2. The Engineering Department's 1989 station wagon was recently involved in an accident (they were not at fault). The insurance company has paid $1,693.70 towards repairing or replacing the vehicle. This vehicle was scheduled for replacement in the 1998/99 fiscal year. The replacement cost is estimated at $19,100. The attached entry appropriates funding for the replacement of the vehicle from the Transportation contingency. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. June 9, 1998 M • BOOK M, PAGE 27 BOOK 106 Pa,a 28 ON MOTION by Commissioner. Eggert, SECONDED BY Commissioner Grin, the Board unanimously approved Miscellaneous Budget Amendment 020, as recommended in the Memorandum. TO. Members of the Board RECEIVED BUDGET AMENDMENT: 020 of Cowq Commiss►yners JUN - 8 im FROM: Joseph A. Bail `grit t'(J,�NVO THE 8OM DATE: June 2. 1998 OMB Direcor ���+++"' Entry Number Fupds/DepartmwWAccount Name AccountNumber Lmrease Decrease 1. EXPENSE GENERAL FUND/Recreation/ Unemployment Compensation 001-108-572-012.15 $11 so GENERAL. FUND/Personnel Unemployment Compensation 001-203-513-012.15 $2,250 $0 GENERAL FUND/Supervisor of Elections/ Uamploymeat Compensation 001-700-519-012.15 $2 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $2,263 TRANSPORTATION FUND/Roads and Bridges/Unemployment Compensation 111-214-541-012.15 $140 $0 TRANSPORTATION FUND/Roads and Bridges/Resorve for Contingency 111-199-581-099.91 $0 $140 EMERGENCY SERVICES DISTRICT/Fire Services/Unemploy nm Compensation 114-120-522-012.15 $2,643 $0 EMERGENCY SERVICES DISTRICT/Fuc Services/Reserve for Contingency 114-120-522-099.91 $0 $2,643 GOLF COURSE/Operations/ Unemployment Compensation 418-221-572-012:15 $55 $0 GOLF COURSE/ClubhousdDepreciation 418-221-572-036.61 $0 $55 UTILITIES/Water/ Unemploymem Compensation 471-219-536-012.15 $42 $0 UTILITIES/Worlter's Compensation 471-219-536-012.14 $0 $42 LrnL1 TES/General/ Unemploymcet Compensation 471-235-536-012.15 $139 $0 UITLXnES/WorWs Compensation 471-235-536-012.14 $0 $139 S.W.D.D./L.andBW Unonployment Compensation 411-255-534-012.15 $1,183 $0 S.W.D.D t Contributions 411-255-534-012.12 $0 $1,183 2. EXPENSE TRANSPORTATION FUND/Enginwing/ Automobile 111-244-541-066.42 $19,100 $0 TRANSPORTATION FUND/ Reserve for Contingency 111-199-581-099.91 $0 $19,100 June 9, 1998 20 U. Payments to Vendors of Court -Related Costs The Board reviewed a Memorandum of June L 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: June 1, 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 weeks of May 18, and May 25,1998. Listed below are the vendors names and the amount of each court related costs. Peggy Gollnick Howard Porter Fariwinds Travel Edward Abard, III James T. Long, Esq. James T. Long, Esq. James T. Long, Esq. Treasure Coast Court Rept. Peggy Gollnick Debby Thomas Peggy Gollnick Debby Thomas Debby Thomas Linda R. Phillips Debby Thomas Shelia I. Flinn J R Reporting Associates Shirley E. Corbin Shirley E. Corbin Shelia I. Flinn Carlos Wells Barbara G. Schopp Sheldon H. Rifkin, Ph.D. Floyd Evans Peggy Gollnick Raymond Tattegrain Medical Record Services Shelia I. Flinn Shirley E. Corbin Total Transcription Witness reimbursement Travel Travel Felony - Public Defender Juvenile - Public Defender Misd. - Public Defender Transcription Transcription Transcription Transcription Transcription Transcription Transcription Transcription Transcription Transcription Transcription Transcription Transcription Mileage Transcription Expert Witness Court Interpreter Transcription Court Interpreter Record research Transcription Transcription NO ACTION REQUIRED OR TAKEN. June 9, 1998 21 BOOK. 35.00 18.00 144.00 39.04 5,400.00 1,200.00 900.00 45.00 35.00 28.00 189.00 31.50 45.50 45.50 21.00 73.50 220.00 31.50 45.00 52.50 19.72 91.00 400.00 25.00 241.50 75.00 14.78 157.50 63.00 $9,686.54 10 PAGE sash 106 P'nE 30 1 7.J. Recently Acquired Pro�ertl'es (4) - Tax Cancellations -1)� 43rd Avenue (Carwash West. Inc.); 2) R/W Willow Street MaSilva�,: 3) R/W CR 510 - (Graves Brothers Co.): 4) R/W 66th Avenue - Peterson The Board reviewed a Memorandum of June 1, 1998: TO: Board of County Commissioners t'ui � f *4—LL - FROM: Lea R. Keller, CLA Legal Assistant - County Attorney's Office DATE: June 1, 1998 RE: 4 Recently Acquired Properties - Tax Cancellations The County recently acquired some property and, pursuant to Section 196.28, F.S., the Board of County Commissioners, after formally accepting it, is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purpose. Such cancellation must be done by resolution with a certified copy being forward to the Tax Collector (along with copies sent to the Property Appraiser and Fixed Assets). Reouested Action: Board authorize the Chairman to sign the attached resolutions canceling taxes upon lands the County recently acquired. Attachments: Resolutions with legals - RNV - 43rd Ave. - Carwash West, Inc. RNV - Willow St., Fellsmere - DaSllva RNV - CR 510 - Graves Brothers Co. RNV - 66th Ave. - Peterson ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 98-62 canceling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (r/w 43' Avenue, Carwash West, Inc.) June 9, 1998 22 Re: RNV - 43rd Avenue Parcel IDs #0433-39-00010-0000-00003.0 CARWASH WEST, INC. RESOLUTION NO. 98- 6 2 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28. Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge The right of way is hereby accepted and any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy ' of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: The right of way is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1209, Page 2249, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner _Ee r t , and the motion was seconded by Commissioner G i n n , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Ay e Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 9 t h day of June, 1998. Attest_J, K. Barton, Clerk -AX CERTIFICATES OUTSTANDING {i4ENT PRORATED TP..' RECEIVED AND .:POSITED WITH TAX CO! LECTOR June 9, 1998 .e. yeS no S BOARD OF COUNTY COMMISSIONERS 23 By `l Z c •1 &Af John W. Ti 0 i Chairman �inean R.vv ca Ac,;roved � : I.-AdT r..l Il 3 rW i I Fit I nisr, t�"ar. i" - BOOK 106 PAGE �� 0 is a CERTIFICATION 19TH STREET a 1.O Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state 3 of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify z that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code. a pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT a Indian River County Surveyor (561) 567-8000 Date 7 QOn►/ 19-,9 g 91, Cz ... Scale: I =.30 c 140' k Lot 2 a - I 132.5' 25' Z 5 — Plot c ' O -� to I I o M «I a � Ln Lot 22 Lot 3 - aI a ^ w r` I O Z 0 L,4jl I Q LU LEGAL DESCRIPTION � The West 5 feet of the East 20 feet ofCD 132.5 I �I �F Lot 3, Pinewood Subdivision, according to Lot 4 a o� the plot recorded in Plat Book 2, Page 89 of the Public Records of Indian River County, t.2 Florida. Lying in Indian River County, Florida.N cd a o — — — — J a. a CERTIFICATION 19TH STREET a 1.O Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state 3 of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify z that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code. a pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT a Indian River County Surveyor (561) 567-8000 Date 7 QOn►/ 19-,9 g 91, Cz ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 98-63 canceling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (R/W Willow Street - DaSilva) Re: RNV - Willow sheet, Fellsmere Parcel IIS /00-31-37-00011-1964.00001.0 DaSiIva RESOLUTION NO. 98- 6 3 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge The right of way.is hereby accepted and any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other - public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted, and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1208, Page 2238, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certffled copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner F g g P- r t , and the motion was seconded by Commissioner G i n n and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this ,SIL day of June, 1998. BOARD OF COUNTY COMMISSIONERS Atteo--J.. K Barton, Clerk BY By: ``" John W. Tippiri e . Chairman 1 Ipl¢TI hrvel v] A(,t(OY 80 I y._.c , TAX CERTIFICATES OST=TAS'"e'itC I AJmin yeSno G IG 3 I Leee� � I W PROP, 17 ED DEPOSITED WTH TAX COLLE071 OR June 9, 1998 25 BOOK. �V �d FADEta i N G1 0 00 Homewood 5/'o TI -CCI 1954 PCH of Lots 14 & 40' L _ _ 16 w///0 w 51re R/W (P/C}� In LEGAL DESCRIPTION 0 C� GRAPH SCALE The West 15 feet of the North 15.5 feet of Lot the West 15 feet of Lot 16 of Tract 1954 of the Subdivision, as recorded in Plot Book 2, Page 15 the Public Records of Saint Lucie County, Florida. Said land lids in Indian River County Florida CERTIFICATION I, Charles A. Cramer, hereby certify that I am o registered Pfofessionol Surveyor and Mapper licensed to practice in the slate of Florida, that this sketch•'wo' rnade under my immediate supervision, and that it is occurate and correct. I further'eerti' that -this sketch megts the Minimum Technical standards as described in Chapter 61817 `of the f lorida Administrative Code, pursuant to F.S. Chapter 41'1. Chorles A. Cromer. 11.1i ki I?VO. 04094 - 1H40 251h 5t.,, ver o(teorh, Ft. ,i?Il(i0 ....... Indian River Cowity `surveyor (401') 561 A(]pp c Lof 14 and Homewood of 15' T PREPARED FOR INDIAN ENGINEERING F,' THIS IS NOI SKF1Clf 10 ACCOMPANY Date Q r h Port or Parcel N—her ()a .11 .1/ 0(,U11 19h4 (100(It ,l AUIOCAD IIII. GRII (;�91)S�IAi(�1y',�tlthpWl. � M " • ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 98-64 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (R/W CR 510 - Graves Brothers Co.) Re: Rf W - County Road 510 Parcel IDS 033-31-39-00001-0020-00004.1 Graves Brothers Co. RESOLUTION NO. 98 --EA— A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge The right of way is hereby accepted and any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, govemmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use,, and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book I A /$L , Page Q(.21 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner E a U e r t . and the motion was seconded by Commissioner G i n n and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K Eggetrt Aye Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this _Dt.lL day of June, 1998. BOARD OF COUNTY COMMISSIONERS Attssh�J.X Barton,.Clerk _ —�• By John W. Td pi ri ci/o/ f `bi �.-, Chairman I TAX CERTIFICATES GU -r7. ",DI,,'G i �-�=�^ 1 Y• c� Accrovaa pa,a I 155I Aam:n 3 .:'#"' ff PRORATE -11 r : , v-1,"..., - n t Lp.irc - 1 ' Cif PC -SITED WITH TAX C;.i_L[OTOr I iJtcl. - 1 i Rtsic kqr. i June 9, 1998 27 • BOOK M6 PACE 35 LJ N 00 • M x CD PdRCE1_ *R P.O.B. C.R. 510 NW Corner Lot 6 O N. Line Lot 6 Curve Data p 12 12.90'LOT 6 R = 2831.79' p R = O'os'34" k GRAVES � 8" ADDITION TO WABASSO L 7.89' ' E� .BLOCK 2 C.B. = S 2'33'49" E 5?5� Scale: 1"=5' i LEGAL. DESCRIPTION Begin of the Northwest corner of Lot 6, Block 2 as shown on the plot of the Grove's Addition to Wobosso. Florida, as recorded in the Plot Book 2. Page 41 of the Public Records of Indian River County, Florida, the said point lying in the arc of a 2831.79—foot radius curve, concave to the East, whose chord bears S 2'33'49" E. and run Along the curve, through a central angle of 0'09'34", on arc distance of 7.89 feet to a point. Then run ' N 575417* 7" E, o distance of 14.81 feet to o point in the North line of the said Lot 6. Then run Along the said North line, a distance of 12.90 feet to the POINT OF BEGINNING. Containing 50.79 square feet. Lying in Indian River County, Florida. CERTIFICATION 1, Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state Of Florida, that this sketch was mode under my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter 61 G 17 of the Florida Administrative Code, pursuant to F.S. Chapter 472. Charles A. Cromer, P.S.M. Reg. #4094 Indian River County Surveyor 1840 25th St, Vero Beach, FL 32960 (407) 567-8000 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION Date 74//a4/ ! W SNO Ou Cl 0 Sm M x .1 NW Corner Lot 6 Norti 10 S 89'57'06" E 33.18' P.O.B: GRAVE'S ADDITION BLOCK 2 = LOT 6 C.R. 510 N TO WABASSO FAKL;hL ,iS'4 Scale: W S9.39'42 LEGJIL DESCRIPTION Begin at a point lying in the North line of Lot 6, Block 2 of Grove's Addition. to Wabosso. Florida, according to the plot recorded in Plot Book 2, Page 41 of the Public Records of Indian River County, Florida, the said point lying S 89'57'06" E. o distance of 33.18 feet from the Northwest corner of the said Lot 6. Then run Along the North line of Lot 6, S 89'57'06" E. a distance of 67.95 feet to a point. Then run S 7939'42" W. o distance of 25.08 feet too point. Then run N 83'59'37" W. a distance of 43.52 feet to the POINT OF BEGINNING. Containing 153.73 square feet. Lying in Indian River County, Florida. CERIFICATION 1, Charles A. Cromer, hereby certify that I am o registered Professional Surveyor .and Mapper licensed to practice in the state of Florida,. that this sketch was made under my immediate supervision. and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code. Pursuant to F.S, Chapter 472. Charles A. Cramer, P.S.M. Reg. #4094 1840 25th St. Vero Beach, FL 32960 Indian River County Surveyor (407) 567-8000 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION Data Q • i w O 0 .C.R. 510 0 N 89'56'07" W p 66.06' Line S 89'56'07" E X 35.92' c 1 fri sir. oC2 0 D0,, z � PARCE I_ *5- P.O.C. NW Corner Lot 6— _ Scale. 1"=20' GRAVE'S ADDITION TO WABASSO, FLORIDA BLOCK 2 LOT 6 CURVE DELTA RADIUS ARC CHORD BRG C 1 0'43'52" 2897.79 36.98 S 02'47'30" E C2 0'32'00" 2897.79 26.98 S 02'53'26" E ce,(Z-V�� Charles A. Cromer, P.S.M. Reg. #4094 Indian River County Surveyor 1840 25th St, Vero Beach, FL 32960 (407) 567-8000. PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT c THIS IS NOT A SURVEY o SKETCH TO ACCOMPANY LEGAL DESCRIPTION a Date 7 e,:?j/ 199 6 r LEGAL DESCRIPTION P•O.B. Q• �D Commence at the Northwest corner of Lot 6, Block 2 of Grove's Addition to Wobosso. in Plot Book 2, Page 41 of the Public g to the plot recorded Florida, accordinCD Records of Indian River County. Florida, and run N 89'56'07" W. crossing Old Dixie Highway, a distance of 66.06 feet to a point lying in the 2897.79—foot orc of a radius chord bears S 2'47'30" E. and run curve, concave to the East, whose Along the curve, through a central angle of 0'43'52", on orc distance of 36.98 feet to of Old Dixie, and the POINT OF BEGINNING. Then a point in the West right—of—woy run N 54'07'00" W, a distance of 46.01 feet to a point in the South right—of—woy line of S 89'56'07" E, along the said South C.R. 510. Then run right—of—woy line, a distance of 35.92 feet to a curve. Then run point in the aforementioned Along the curve, through o central angle of 0'32'00", on orc distance of 26.98 feet to Containing 483.00 square feet. the POINT OF BEGINNING. Lying in Indian River County, Florida. CERTIMCATION o 1. Charles A. Cromer, hereby certify that I am a registered Professional Surveyor of Florida, that this sketch and Mo er epractice dcorrreto 0 state cm ecerti was mode under my immediateervision, and that that this sketch meets the Minimum Technical standards os -sup described in Chapter it is accurate and ct further 611317 Florida y o pursuant to F.S. Chapter 472. of the Administrative Code, _ J ce,(Z-V�� Charles A. Cromer, P.S.M. Reg. #4094 Indian River County Surveyor 1840 25th St, Vero Beach, FL 32960 (407) 567-8000. PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT c THIS IS NOT A SURVEY o SKETCH TO ACCOMPANY LEGAL DESCRIPTION a Date 7 e,:?j/ 199 6 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Boardunanimously adopted Resolution 98-65 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28 Florida Statutes. (R/W 661 Avenue - Peterson) Re: RAN - 88th Avenue Parcel ID 031-32-39-00001-0080-000020 PETERSON RESOLUTION NO. 98--65 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge The right of way is hereby accepted and any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book lain , Page o1b13 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner E g go r t . and the motion was seconded by Commissioner r, i n n and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 91 h day of June, 1998. BOARD OF COUNTY COMMISSIONERS AttgsL.J, K. Barton, Clerk " �— By John W. Tippi Chairman AX CERTIFICATES OLITS':APeOIIdG L.� Aar �Ye �o ' �ccrurea ud � Aam,n ies no 3 ye Leg- EPOSITED 14 !T H tAX CCL&.=CTOR •-� I uev i. Fisk Mgr. � June 9, 1998 31 BOOK 196 PACE 39 • CI !D I r0 F+I �O 00 LEGAL DESCRIPTION The East 25 feet of Tract Scale: I"= 150, 8, Section 31, Township 32 I South, Range 39 East, according to the lost }� general plot of the lands 4— of the Indian River Forms 1—r—� � Company recorded in Plot Book I 1 2, Page 25 of the \i /� Public Records of St. Lucie q IL", ri County. Florida. c N LESS the South 30 feet. m ' ._ Containing 32.230 square v I CD feet. or 0.74 acres. O . Now lying in Indian River County, Florida. I w N � co 1289.2' In 30.30 �roo Tract Line a j — Section Line �o OL cERnFICATION I L4TERAL "A" (66TH AVENUE) 3 I, Charles A. Cromer, hereby certify that I am o registered of Florida, that this sketch was made under my immediate Professional Surveyor and Mo actic "y' supervision,. and that it is accurate and correPractice t that this sketch meets the Minimum Technical standards as described n Chapter 61017 further certify pursuant to F.S. Chapter 472.IJ of the Florida Administrative Code. 1O THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION Charles A. Cromer. P.S.M. Reg. #4094 Indian PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT 1840 25th St. Vero Beach, FL o River County Surveyor (561) 567-8000 32960 Dote /�• /�9A c� c'1 a 0 w 7.K. Shen 0 ice -Budget Amendment The Board reviewed a Letter of June 2, 1998: *berttt GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION 4055 kk19120998 VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700 The Honorable John Tippin, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960-3394 Re: Budget Adjustment Dear Mr. Tippin: RECEIVED JUN 0 3 1998 BOARD OF COUNTY COMMISSION This letter is a request to amend our fiscal year 1997-98 Operating Budget by $65,980. These funds represent the revenue generated from the housing of Broward County inmates ($45,980), Polk County inmates ($18,515) and Immigration and Naturalization Services inmates ($1,485) for the month of May, 1998. The monies will replace Corrections' funds used to house the inmates, provide match for a previously approved Block Grant and purchase Capital Outlay items. The budget amendment will be distributed as follows: Block Grant Match $ 9,917 Law Enforcement Capital (1) Full Size Sedan @ 19,657 19,657 (8) Radar Unit @ 1,776 14,208 Balance For Future Radar Purchase 1,228 Corrections 20,970 Total $ 65,980 I am requesting this item be placed on the "Consent Agenda" at your earliest convenience. If you have any questions or any further information is required, please let me know. Sincerely, Gary C. Wheeler, Sheriff GCW:mej cc: Joseph A. Baird 00.10 -1 -It � Richard Dees The 173rd Internationally Accredited Law Enforcement Agency r Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated June 9, 1998 33 800k 10 PAGE 41 BOOK 106 PAGE 42 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously approved the amendment to Sheriffs FY 1997-98 Operating Budget by $65,980, as requested in the Letter. U. Sheriff Wheeler - Local Law Enforcement Block Grant (LLEBG- 199 7 - Progress Report The Board reviewed a Letter of June 3, 1998: *berff f C° 10A GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATICN MEMBER OF NATIONAL SHERIFFS' ASSOCIATION 405541 St AVENUE VERO BEACH, FLORIDA32960-1808 PHONE (561) 569-6700 The Honorable John Tippin, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960-3394 RE: LLEBG 1997 FOLLOW-UP PROGRESS REPORT Dear Mr. Tippin: Attached, please find the follow-up form to the administrative requirements of the 1997 Law Enforcement Block Grant Program. This form requires your signature prior to the obligation of funds, which were previously approved in December of 1997. Should you have any questions, please feel free to call Sandy Shields at extension 396. Sincerely, 6" Lvto-,Z— -1�e7 Gary C. Wheeler, Sheriff GCW:mej Attachment _ No 11 The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated June 9, 1998 34 • ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously authorized the Chairman to sign the follow-up information form, as requested in the Letter. COPY OF LLEBG FOLLOW-UP INFORMATION FORM ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. SHERIFF WHEELER -1998 COPS MORE GRANT Undersheriff Jim Davis appeared on behalf of Sheriff Gary Wheeler and translated the acronym COPS MORE as Community Oriented Policing Services - Making Officer Redeployment Effective. He then reviewed a Letter of June 3, 1998: 6beriff GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION 405541 St AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700 June 3, 1998 The Honorable John Tippin, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960-3394 RE: COPS MORE Grant Dear Mr. Tippin: We are pleased to announce a grant opportunity that will allow the Sheriffs Office to civilianize four (4) existing sworn positions resulting in the net gain of four positions on the road as patrol deputies. The grant initiative is the 1998 COPS MORE grant funded through the U. S. Department of Justice, Community Policing Office. By replacing four sworn officers with civilians, the Sheriffs Office will be reducing the salary cost of the current positions located in court house security and civil process, as well as ongoing equipment and vehicle costs, which will not be required by civilian public service technicians. An additional benefit of this redeployment is the realization of four additional sworn officers on the road to answer the ever increasing calls for service. June 9, 1998 35 BOOK 106 PAGE 43 BOOK 106 PACE By approving our application to proceed in the qualification round, we will have the opportunity to reduce our upcoming budget request. Each civilian position will cost $28,240.19 in salary/benefits, for a total of $112,960.75 in the first year. The same number of entry level law enforcement officers will cost $37,534 each for salaries/benefits, for a total of $150,136. Additionally, each sworn officer will require $30,400 in capital start up costs for an additional amount of $121,600, or a total of $271,736. The savings are estimated at over $158,000 plus the additional benefit of having four more deputies on the road. Attached is a copy of the grant and a sample letter of support that requires the Chairman's signature. Your consideration of this request is appreciated. Should you have any questions, feel free to contact me. Sincerely, Gary�CZeeler, Sheriff GCW:mej Attachment The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated Undersheriff Davis advised that certain figures in the letter above need to be revised because they were reconditioning cars instead of buying them. In the third paragraph, the $1212600 (start up costs including 4 vehicles) should be decreased by $19,220, (2 deputies already are assigned cars and 2 cars will be refurbished) and the $158,000 (savings estimate) should be $123,616 if the grant is approved. He apologized for the last minute revision. He then presented the following worksheet and explained the significance of the numbers in relation to the request for a letter of support from the Board of County Commissioners concerning this grant opportunity. Indian River County Sheriffs Office COPS More Grant Worksheet June 6,1998 Grant Request: Salary & Benefits Per Position $28,240 Civilian Public Services Technician' Cost Of 4 Positions 112,961 Operating Costs ($2,000 per position) 8,000 Capital Outlay (Lap Tops For 4 Deputies @ $9,500 ea.) 38,000 Total Project Cost $158,961 Grant Amount (75% of Salaries & Capital Outlay) $113,221 County Match (Includes Operating Costs) 45,740 $158,961 June 9, 1998 36 W Grant Savings: 4 - Deputy Positions @ $37,534 (In 1998-99 Budget Request) 4 - Civilian Public Service Technician Positions (County Cost From Above) Grant Savings Other Budget Reductions: Refurbish Two (2) fewer vehicles Decrease in Employee Startup Costs • $150,136 45,740 $104,396 9,000 10,220 $123,616 Undersheriff Davis continued that two of the new civilian positions would be used to replace two sworn employees in the Courthouse Security Unit and two sworn positions in the Civil Unit. The four sworn officers will be transferred to the Uniform Division to assist in handling the calls for services and work traffic -related problems. He also advised that the grant is renewable for two additional years. Vice Chairman Macht thought it sounded good and wondered why these positions had not been civilianized previously, and Undersheriff Davis explained that traditionally subpoenas have been served by sworn personnel. Now, non -enforceable papers will be served by non -sworn personnel; enforceable papers will continue to be served by sworn personnel. UndersheriffDavis continued that in the Courthouse a sworn officer is monitoring the security cameras for the entire building and he saw no reason why that could not be a civilian. Also, one of the sworn officers at the Courthouse's security screening device could be a civilian. There will be one sworn officer there. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Ginn, to approve a letter of support to be signed by the Chairman. Under discussion, Commissioner Ginn asked why the lap tops were so expensive, and Undersheriff Davis explained that they were "ruggedized" lap top computers, complete with modem and communications software, which have docking stations in the patrol vehicle, but can also be portable. The lap tops are not sensitive to heat, are waterproof, and have been locally manufactured for military use. June 9, 1998 37 BOOK N W PAGE 45 BOOK 106 UZE 46 The Chairman CALLED THE QUESTION and the motion passed unanimously. COPY OF LETTER OF SUPPORT AND GRANT DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING - MAGI INTERNATIONAL MANAGEMENT CO. - REQUEST TO REZONE APPROXIMATELY 4.76 ACRES (OWNED BY HARRY W. CLAYTON FAMILY TRUST) FROM CG TO PD (COMMERCIAL) AND REQUEST PRELIMINARY PD PLAN/PLAT APPROVAL FOR A MENI STORAGE FACILITY (SR - PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida NOTICE OF PUBLIC HEARING COUNTY OF INDIAN RIVER: STATE OF FLORIDA' Notice of hearing to consider the adoption of a request to rezone authority f a proms' from CG (General �� saysthathe P reid,,t the Press-iournal, a dally newspaper published at Vero Beach to Comm to PD commercial, lo Indian River County, Florida; that the attached copy of advert, being allowinngg mmini facilities as a aC: < 4. permitted use and 87,287 square feet of mini storage building area �yl1 on 4.76 acres. The subject property i ti matter °} is presently owned by The Harry J W. Clayton Family Trust,. and located in Section 2, Township 33 and Range 38. Sea the above map, in the Cast, was pub- for the location. A public hearing at which par- lished in said newspaper in the issues of IMS ties in Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian Affiant further says that the said Press,brsnel is a newspaper puddled at Vero Beach, in River County, Florida, in the said Indian River County, Florida, and that the said has heretofore been mouxs published �Floride County Commission Chambers of class matte atttthe post t of��e 8 In�saidd Indiana River Coamry, the County Administration Building, for a perlod of ane year next preying the first publication of the attached copy of le^ated at 1840 25th Street, Vero adver�ernnerth and affiant further says that he has neither Paid nor panised any person, firm Beach, Florida on Tuesday, June 91 or refund for the purpose of securing this 1998 at 9:05 a.m. Pub lo Please direct planning -related y� r'G , jwomto�a V subscribed before met day of 19�.� questions to the current develop- ment planning section at 567- P, to���Y A y �r • , 1 ., r 8000, ext. 242. ....L1J1 Anyone who may wish to (President) # MtCOMM15510NEXMIS j= appeal any decision which may be ;a made at this meeting will need to s o1AHUARYpI L COMM' No-tl611092 f KIMBERLY NE BLAIS s =9 (SEAL Notary - Notary Public, State of Florida ensure that a verbatim record of the proceedings is made, which x �4 ; G`r, r My Commiasion Exp. JJ . 01.2001 includes testimony and evidence i %__, ) 09 STA�Q� •° upon which the appeal is based. Personal) Knowncc Y utor Produced ID ❑ ......Type ANYONE WHO NEEDS A SPE - of ID Produced CIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. 'INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -John W. Tippin, Chairman June 9, 1998 , May 27,1998 1352027r Planning Director Stan Boling reviewed a Memorandum of June 1, 1998 with the aid of the location map (below) and PD plan (see pages 116-117 in the backup) displayed on the ELMO : TO: James E. Chandler County Administrator D N HEAD CONCURRENCE: Ro ert M. Keating, AICP I j Community Development D ecto THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: June 1, 1998 SUBJECT: MAGI International Management Co.'s Request to Rezone Approximately 4.76 Acres from CG to PD (Commercial) and Request Preliminary PD Plan/plat Approval for a Mini Storage Facility It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 1998. DESCRIPTION & CONDITIONS: This is a request by MAGI International Management Co., through its agent Kimley-Horn & Associates, Inc., to rezone approximately 4.76 acres from CG to Planned Development (commercial). As part of the rezoning request, a conceptual and preliminary PD plan/plat has been submitted for approval. The subject site is on the south side of SR 60 immediately east of the Ethan Allen furniture store. The purpose of this request is, to secure a zoning district that will allow a mini storage facility greater than 3 acres in size. The Board of County Commissioners is now to approve, approve with conditions, or deny the PD rezoning request and the conceptual PD plan. Also, the applicant submitted a preliminary PD plan/plat that was considered and conditionally approved by the Planning and Zoning Commission, subject to Board approval of the rezoning. The preliminary PD plan/plat approval will become effective if the Board approves the rezoning request. *Planning and Zoning Commission Action At its regular meeting of May 14, 1998, the Planning and Zoning Commission voted unanimously (7-0) to recommend approval of the rezoning and the conceptual plan with the conditions contained in the recommendation at the end of this report, and conditionally approved the preliminary PD plan/plat. June 9. 1998 M BOOK 106' FADE 47 Boa 106 PnE 48 •Development Approval Options Available to the Developer Presently, the site is zoned General Commercial (CG), a zoning district which allows mini storage facilities as an administrative permit use and limits such facilities to a maximum size of 3 acres. Any rezoning action must comply with the site's C/I, CommerciaUIndustrial land use designation. There are two options available to the developer to seek approval of the proposed project. Either of the two options, if approved, would allow the applicant to proceed with his project, as proposed. These options are as follows: 1. Rezone the site to the CH, IL, or IG zoning district, all of which allow mini storage facilities as permitted uses, with no restrictions on the facility acreage; OR 2. Rezone the site to a PD zoning district that is tied to a conceptual PD plan proposing a 4.76 acre mini storage facility. On staff s recommendation, the developer has opted for a PD rezoning. If approved, the PD rezoning would effectively rezone the property in accordance with the approved conceptual PD plan. •The PD Zoning District, Generally Although many PD projects have been reviewed in the county, few of those projects have involved PD rezonings. Unlike standard zoning districts, there are no specific size or dimension criteria for PD districts. Instead, the PD district is based on the underlying land use plan designation for density and use limitations, and on compatibility requirements. In the PD zoning district, setbacks and other typical zoning district regulations are established on a site by site basis through approval of a conceptual PD plan. Adopted as part of the PD zoning for a property, the conceptual plan serves as the zoning standard for the site. A rezoning to the PD district requires the submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In this case, the conceptual and preliminary PD plan proposes an 87,287 square foot mini storage facility on 4.76 acres. Aspects of the proposed conceptual/preliminary PD plan will be addressed in the "Plan Analysis" section of this report. •The PD Rezoning Process The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the Planning and Zoning Commission. Final action taken by the Board of County Commissioners. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the Planning and Zoning Commission, subject to the Board's action on the rezoning request. STEP 3. Land Development Permit or Permit Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. June 9, 1998 .M • • STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action taken by the Board of County Commissioners. STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of buildings. The applicant is pursuing approval of Steps 1 and 2 at this time. Once a PD conceptual plan is approved, only minor modifications to the conceptual plan can be _approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase the maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved only via a process involving public hearings held by both the Planning and Zoning Commission and the Board of County Commissioners. *Proposed PD District for the Project Site The subject site has a C/I (Commercialdndustrial) land use designation. The underlying land use designation allows a variety of commercial and industrial districts. Since the land use controls the use of the property by limiting the applicable zoning districts, any rezoning must be compatible with the uses allowed by the property's land use designation. Once a specific PD rezoning is approved for a site, the applicable PD conceptual plan adopted as part of the rezoning limits the type of specific uses and intensity of development on the site and establishes the site's dimensional criteria. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria, and open space are set forth in Chapter 915 (P.D. Process and Standards for Development Ordinance) of the county's land development regulations (LDRs). Based upon the proposed conceptual PD plan and the Chapter 915 standards, the proposed PD district for the subject site contains the special elements identified in the table below. That table also lists corresponding CG district criteria for comparison purposes. Element Proposed PD District CG Zoning District Uses Allowed Same as CG, except mini Variety of commercial, retail, storage facilities (even those eating & drinking, and office over 3 acres) are permitted uses; some institutional uses. uses. Mini storage facilities up to 3 acres in size. Maximum Building Coverage 42.1% 40% Minimum Green Area 30% 25% Perimeter Setbacks North: 90' North: 75' South: 200' South: 20' East: I F East: 10' West: I P West: 10' Note: As a trade-off for increasing the maximum building coverage from 40% to 42.1%, the proposed district would increase the minimum open space requirement from 25% to 30% and would significantly increase the site's required rear yard setback. The site's rear yard abuts a mobile home park. June 9, 1998 41 BOOK IQb PAGE �� BOOS 106 Dbu 50 REZONING ANALYSIS• *Existing Zoning and Land Use Pattern The site is presently an existing vacant tract of land with native vegetation consisting mostly of pines and palmettos. To the north is SR 60 and commercially zoned property which was recently developed as the Citrus Ridge Post Office facility. The property immediately to the east of the post office was recently rezoned from CL to PD to accommodate a commercial development project which will include fuel sales, a fast food restaurant, office uses, and a mini storage facility. South of the site is a mobile home park which is zoned RMH-8 and has an M-1 land use designation. This is the property that would be most affected by development of the site, since it is the only adjacent residentially developed property. The rezoning should actually improve compatibility with the mobile home park over the potential uses allowed in the CG zoning district. Not only is the proposed use is a low traffic volume, low noise generator, but the conceptual plan provides for a 200' setback to the nearest parking lot area. This is substantially different from standard CG development, because most CG uses could be located within 20' of the south property line. East of the subject site, there is a large area of commercially zoned property with a single family home located close to SR 60. West of the subject site is a commercial building which was recently converted to an Ethan Allen store. The store and associated improvements occupy about the northern 1/s of the site, with the remainder of the commercial parcel still undeveloped. *Future Land Use Map Pattern The subject property has a Commercial/Industrial land use designation, as do the properties to the north, east, and west. The property to the south is designated M-1, Medium Density (up to 8 units/acre), a.designation that is appropriate adjacent to C/I designated lands. The proposed PD rezoning of the subject property is consistent with the county's Future Land Use Map. Consistency with the Comprehensive Plan Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. These include agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objectives. Future Land Use Policy 1.21 states that node configuration shall provide for the most efficient use of land and of transportation and other public facilities and services, while eliminating sprawl and strip development. The rezoning will facilitate development of property internal to an existing commercial node thereby implementing policy 1.21. June 9, 1998 42 Future Land Use Policy 4.1 states that land use districts shall be located in a manner which concentrates urban uses, thereby discouraging sprawl. The rezoning is in an existing commercial node along SR 60 where the land use plan proposes to concentrate urban uses, such as the one proposed. Future Land Use Policy 5.4 encourages the use of the Planned Development (PD) overlay district to provide design flexibility. The PD overlay zoning district provides the ability to develop the entire long, narrow parcel as a mini storage use without some of the potential undesirable uses along SR 60 that a rezoning to CH, IL, or IG would allow. Compatibility with Surrounding Area Staff s position is that granting the request to rezone the property to PD will result in development which will be compatible with surrounding areas. Since the land to the east and west is zoned General Commercial (CG), and since the buildings closest to SR 60 are designed to look like general office uses, the request is generally consistent with the existing zoning pattern. As indicated on the conceptual plan, the most intense use of the site will occur near SR 60 with the office, residence, and majority of the parking; the storage buildings will be located close to the side lot lines with the building wall and accompanying required foundation plantings forming a buffer for the adjacent commercial property. The development will set back all hard improvements a minimum of 200' from the south property line, which is the property line nearest to a residential area. Concurrency Impacts No concurrency related services or facilities will be affected, since the rezoning is essentially a "lateral" rezoning. -Environmental Impacts These issues will be addressed in the plan analysis. PD PLAN ANALYSIS: The conceptual/preliminary PD plan indicates a small office, manager's residence, three mini storage buildings, and supporting infrastructure. 1. Size of Site: 4.76 acres 2. Zoning Classifications: Current: CG, General Commercial Proposed: PD, Planned Development 3. Land Use Designation: C/I, Commercial/Industrial 4. Building Area: Office: 1,050 sq. ft. Residence: 1,050 sq. ft. Storage: 85.187 sa. ft. Total: 87,287 sq. ft. Note: Three storage buildings are proposed, and will include externally accessed units with roll -up doors as well as some units accessed from within an enclosed building. 5. Building Coverage: Allowed in CG: 40.0% Proposed in PD: 42.1% June 9, 1998 43 BOOK 106 FAGE 51 BOOK 10 6 PAGE Note: Through the PD process, the applicant is requesting a waiver to the 40% building coverage criterion in exchange for providing more than the required 25% open space and increased setbacks. 6. Impervious Area: Proposed: 140,804 sq. ft. 7. Open Space: Required in CG: 25% Proposed in PD: 30% Note: The minimum open space required through the PD rezoning process will be 30%. 8. Parking: Required: 9 spaces Provided: 9 spaces Note: Parking is provided based upon new county parking standards for mini storage uses. 9. Setbacks: Front: Required by PD: 90' Provided: 100' Rear: Required by PD: 200' Provided: 210' Sides: Required by PD: 11' Provided: 11' Note: These setback requirements are proposed to be established for the subject site through the proposed PD district rezoning. 10. Traffic Circulation: The project will have a single right-inhight-out driveway to SR 60. The driveway will provide access to parking areas and mini storage units for loading and unloading. The driving aisle along the front of the office and residence will be stubbed out to the east and west property lines to provide for future interconnections with adjacent commercial uses. The internal circulation plan, which includes a 28' two-way driving aisle to serve most of the storage units, has been reviewed and approved by the traffic engineering division. Based on the low trip rate, no off site traffic improvements are required, and none are proposed. 11. Stormwater Management: The project's stormwater management plan has been approved by the public works department, and the developer will be required to obtain a Type "A" permit prior to site plan release. There is a single stormwater pond proposed at the south end of the site which provides additional setbacks and buffering for the residential uses to the south. Since the pond is over 2' deep, the stormwater management ordinance requires the pond to be fenced or otherwise secured by a barrier. The applicant has proposed use of a vinyl clad chain link fence, in accordance with the SR 60 corridor plan. 12. Utilities: The project will be connected to county water and sewer. This meets both concurrency requirements and utility connection matrix requirements. These utility provisions have been approved by the county's Department of Utility Services and the State Health Department. 13. Landscape Plan and Buffers: The landscape plan generally complies with Chapter 926 and the SR 60 corridor plan. This plan depicts a Type "B" buffer with a 6' opaque feature along the south property line adjacent to the mobile home park. The applicant proposes to use vegetation rather than a masonry wall to satisfy the 6' opaque feature requirement. In order to achieve this buffer, the applicant is proposing to use over 5 times the understory trees June 9, 1998 required (5 required, 29 provided) and 2'/s times the required number of shrubs (40 required, 106 provided). The Planning and Zoning Commission has. approved use of landscaping, in lieu of a masonry wall, to provide the required 6' opaque feature on this site. 14. Environmental Issues: The 4.76 acre site is not subject to the native upland set-aside requirement since it is under 5 acres. There is a small isolated wetland on the site that will be filled as part of construction. The applicant will need to obtain a county wetland resource permit as well as all jurisdictional agency permits necessary to fill the wetland. These permits will need to be obtained prior to site plan release. 15. Dedications and Improvements: Public Works research has revealed the possible presence of a Murphy Act Easement for road right-of-way on the site. The applicant has researched the Murphy Act Easement and provided staff with documentation that shows the limits of the Murphy Act Easement are within the existing SR 60 right-of-way and do not affect the project. 16. SR 60 Corridor Plan Criteria: Since the site is located within the SR 60 corridor plan area, the corridor plan criteria apply. The plan meets the SR 60 corridor plan criteria as described below: a. SR 60 Roadway Landscaping: The project site fronts SR 60 only; there are no other roadways bordering the site. With 165' of frontage on SR 60 and a 30' wide access drive width along SR 60, the overall SR 60 plantable frontage is 1351. The applicant is proposing a 42' deep planting strip along SR 60. All other elements of the landscape plan meet the SR 60 corridor plan criteria. b. Architectural: The two main buildings that will be visible from SR 60 will be the office and the manager's residence. The office will have a metal standing seam gable roof with a 7:12 pitch, while the manager's residence will have a metal standing seam hip roof with a 7:12 pitch. The mini storage building will have a low slope roof concealed by a parapet with cornice molding features. C. Foundation Plantings: All proposed buildings have foundation plantings. Foundation plantings for the mini storage buildings will be placed on the project perimeter (behind the buildings), while the office and manager's residence will have foundation plantings in front of the buildings. The foundation plantings meet the SR 60 corridor plan criteria. 17. Preliminary PD Plat: The applicant has submitted a preliminary PD plat, which essentially constitutes a boundary plat. The proposed PD plat meets all applicable regulations. 18. Signs: The freestanding sign for this project will be a landscaped monument style sign. A complete sign package is required to be submitted with the building permit submittal. Staff will review the sign package for compliance with the SR 60 corridor plan. 19. Lighting Plan: The lighting plan submitted by the applicant generally consists of black pole lights with shoe box fixtures. The lighting plan is consistent with the SR 60 corridor plan. 20. Concurrency: The applicant has satisfied the concurrency requirements for preliminary PD plan approval. June 9, 1998 45 BOOK 106 PAGE 53 BOOK iOG PAGE 54 21. Surrounding Land Use and Zoning: North: Post office, vacant/CL and PD South: Mobile home park/RMH-8 East: Vacant, single family/CG West: Ethan Allen, vacant/CG RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners approve the rezoning to PD commercial and the conceptual PD plan, with the following conditions: 1. Prior to site plan release, the applicant shall obtain all jurisdictional permits for filling the isolated wetlands on site. 2. Prior to the issuance of a C.O., all material proposed for the Type "B" buffer shall be installed in accordance with the approved landscape plan. ATTACHMENTS: 1. Application 2. Location Map 3. PD Plan 4. Landscape Plan 5. Architecturals 6. Planning and Zoning Commission Minutes 7. Ordinance June 9, 1998 46 ` — SEBASTIAN RIVER DRAINAGE— —DIST _ 35 36 ` -- - — WATERWAY — R/W F.cr —i — — a W N M E Q E M N S ~ T s Y DI AR SIN m a m ` 24TN STREET -• W W W NIT I a a a RM -6 ~ s s = 90-16 = 0 = L = F% a C " F a L v 0 o R °~' U m X x x =Ho s x = 0 0 A-1 m m STATE 1 ROAC 60 !TR:it--— — — — — —— ------------- IIt.v K. Subject Site CG I R.14 VILLAGE GREEN MOBILE NOME PARK ``' PHASE 1 . ' ``, rN I j ! j June 9, 1998 S.R. 60 i 1M H-8 1 I I PHASE 2 ' I I RMH-8 1 ' , I I �I � II -- --2'1 j II I� 12 A1TAODOfr 2 47 LOOK 10 PAGE 55 I W I F FA 40 IEWL a a a a s s 89-27 P K a G a s G a K .. T RM -8. 21ST STRE i CL I a a H jTPD STATE 1 ROAC 60 !TR:it--— — — — — —— ------------- IIt.v K. Subject Site CG I R.14 VILLAGE GREEN MOBILE NOME PARK ``' PHASE 1 . ' ``, rN I j ! j June 9, 1998 S.R. 60 i 1M H-8 1 I I PHASE 2 ' I I RMH-8 1 ' , I I �I � II -- --2'1 j II I� 12 A1TAODOfr 2 47 LOOK 10 PAGE 55 I BOOK 106 ME 56 Director Boling advised that the correct vote of the Planning and Zoning Commission was 6-0 and not 7-0 as stated in the memorandum. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Melanie Clark, of Kimley Horn, the engineers on the project, thanked staff for their help on the project. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Adams, the Board unanimously adopted Ordinance 98-14 amending the Zoning Ordinance and the accompanying Zoning Map from CG to PD Commercial for approximately 4.76 acres of land generally located on the south side of SR60 in the 8400 block and the conceptual PD plan with the following conditions: 1) Prior to site plan release, the applicant shall obtain all jurisdictional permits for filling the isolated wetlands on site; and 2) prior to the issuance of a C.O., all material proposed for the Type `B" buffer shall be installed in accordance with the approved landscape plan. ORDINANCE NO. 98-1A— AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO PD COMMERCIAL FOR APPROXIMATELY 4.76 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF SR 60 IN THE 8400 BLOCK; AND DESCRIBED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and June 9, 1998 48 -I • • WHEREAS, the Board of County Commissioners has determined that this rezoning, is consistent with the Comprehensive Plan of Indian River County, and the county land development regulations, including but not limited to the Planned Development (PD) Process and Standards for Development chapter, and WHEREAS, The Board of County Commissioners of Indian River County, in conjunction with the rezoning request has approved a PD conceptual plan (see EXHIBIT B, attached) that controls and regulates development on the subject land; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the property situated in Indian River County, and legally described in EXHIBIT A (attached) be changed from CG to PD (Commercial). All with the meaning and intent as set forth in the land development regulations, and the approved conceptual plan as may be amended pursuant to the provisions of the Planned Development (PD) Process and Standards for Development chapter of the land development regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 9th day of lune , 1998. This ordinance was advertised in the Vero Beach Press -Journal on the 27 day of M a X ,1998 for a public hearing to be held on the 9 t h day of J u n e ,1998 at which time it was moved for adoption by Commissioner F g g e r t , seconded by Commissioner Adams , and adopted by the following vote: June 9, 1998 Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht AMP CommissionerFran B. Adams Awe Commissioner Carolyn K. Eggert Aye Commissioner Caroline Ginn A v e BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: 4 A Lzt. � Jo W. Tippin, Chairin "�-- ATTEST BY: Jeffrey,);�Barton, Cleyk� . BOOK 106 PACE 58 The foregoing instrument was acknowledged before me on this lO // 98 by John W. Tipp' as Chairman of the Board of County Commissioners of Indian River County, Florida, and by ►d Deputy Clerk for Jeffrey K. Barton, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. Notary Public .'I!N!!N!!!!!!!!!liliiNilNJIAJ►I!!!►J!!!N!!► i //f e { ., �LL�LfL .' ,av r Rata M. Smith i GC�1lG °• 8 NokWhMio.StamofFW ida s` CammissionNo.CC5W39 Prints Name: SEM SinlrN My CommissionExp. 09N411000 Commission No.: 14IW3- rARY• Ft..Neimrsa.kea9aodfexca < a»»»�»»�»�»�»�»»�»�r.»>�,r,»»••»» <. Commission Expiration: Acknowledgement by the Department of State of the State of Florida dE93() day- Effective upon filing with the Department of State. This ordinance was filed with the Department of State on the following date: 6 - -qM June 9, 1998 am c. Dept. Risk Mgr. EXHIBIT A THE WEST 165 FEET OF THE EAST 565 FEET OF TRACT 10 OF INDIAN RIVER FARMS COMPANY SUBDIVISION, PLAT BOOK 2, PAGE 25, AS RECORDED IN BOOK 34, PAGE 108, ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 50 tlio ==-r SrAawc.a 90 xq Y ■ ` jj t06 m > 7= W s ~ I a �x 1 �06 a". to Y� T EXHIBIT B June 9, 1998 51 BOOK 106 FACE 59 BOOK 106 PAGE 60 9.A.2. PUBLIC HEARING - CED CONSTRUCTION - PD SPECIAL EXCEPTION USE & CONCURRENT PRELIMINARY PD PLAN APPROVAL - CONSTRUCTION OF ELDERLY AFFORDABLE MULTI -FAMILY DEVELOPMENT - THE CLUB AT VERO CURRENTLY OWNED BY WILLIAM AND PENNY BARKERQ PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RNER: STATE OF FLORIDA Before the urr�rsigrred authority personally appeared Darts K. Hicks who on cot% says that he is President of the Press,loumal, a deny rwws aper, publtathed at veru Beach In Irxtian River County, Florida that the attached copy of a dvertiserrlent, being a U.CIALC k In the matter of I IL In the Court, was pub- Osfled In said newspaper in the In of 1 k Ct C c Affiant further says that the said Press -Journal is a rowsFlorkla, and that the said rpeaper published at Vero Beach, in said Indian Rim ore bow cxxdhwaJsly published in said I Rim County, Florida, eat d nand has been w has tiered as second loss ma0 matter at the post office In Vero Beach, In said Indian River County, Florida, far a per�d of one year mixt prerx�r8rlg the tint publication of the attached copy of advicceoorrrtlppsooerrrraao3nt; arch afflant further says that he has neither paid ror promised any person, firm dvertfsertrentt fa =tion rebate, commission in or refund for the purpose of securing this °°^amsiSp„arld substxibed before me U+.�� ot-ffi� �D�./18-►:L_ aQ��Q;.• . d�� o¢ � o ul i) a * MY COMMISSION EXPIRES fei�y al JANUARY 01, 2001 = =jam = o J j611092 j KIMBERLYANN LAIS [O s Notary Public, State of Florida My Commisalan Exp. Jan. 01, 2007 �,,' • . - - • FF , Comm. No. CC 611 9,ry6 z/C, S-10. °"•� Personally Known rot Produced ID 13....aoow°pO TYPO of ID Pradmeed � -- NOTICE OF PUBLIC HEARING Notice of hearing to" consider the granting ofspecial exception use and PD conceptual plan approval for an elderly affordable multi -family development with a 200/6 density bonus. The subject property Is presently owned by William 8 Penny Barker, and located in Section 6, Township 33 and Range 39. See the above map for the location. A public hearing at which par- ties in interest and citizens shall have an opportunity to be heard, will be held by the Board of :County Commissioners of. Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Tuesday, June 9, 1998 at 9:05 a.m Please direct planning -related questions to the current develop- ment planning section at 567-8000 ext. 242. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made, which includes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. 807 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -John W. Thppin, Chairman May 27, 1998 1352065r Planning Director Stan Boling reviewed a Memorandum of May 29, 1998 with the aid of an aerial photograph and site plans (pages 138 & 139 of the backup) displayed on the ELMO: June 9, 1998 52 • TO: James E. Chandler County Administrator DIPMPN HEAD CONCURRENCE: �_ /ff- -111�/,�_V.,_Z_-, 'kdbert . Kea ' g, AICP Community Development Director/ 4.16. THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: May 29, 1998 SUBJECT: CED Construction Inc.'s Request for Planned Development (PD) Special Exception Use and Concurrent Preliminary PD Plan Approval to Construct an Elderly Affordable Multi -Family Development to be Known as The Club at Vero It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 1998. DESCRIPTION & CONDITIONS: Knight, McGuire & Associates, Inc. has submitted an application for PD special exception use/conceptual PD plan and concurrent preliminary PD plan approval on behalf of CED Construction Inc. to construct a one phase, 184 unit elderly, affordable, multi -family apartment complex to be known as The Club at Vero. The project is proposed to be developed on a 19.24 acre parcel located on the south side of SR 60 just east of the existing Lake in the Woods project. The subject property is zoned RM -8. The conceptual and preliminary PD plans depict the construction of a single 184 unit 3 story building located in the northern portion of the project, along with a pool, and parking areas. On the southern portion of the site, a pond and large open space/picnic and walking trail areas are proposed. The developer has applied for a 20% affordable housing density bonus, which is available through the PD (planned development) approval process subject to special buffering. This project's qualifications for receiving the affordable housing density bonus are discussed in the analysis portion of this report. OPD Project Process As a PD project, the process involved in review and approval of this proposal is as follows: Approval Needed Reviewing Body 1. Conceptual Plan/Special Exception PZC & BCC 2. Preliminary PD Plan PZC 3. Land Development Permits or Waiver Staff 4. Final PD Plat BCC The applicant is now requesting approval of the first two steps. June 9, 1998 53 • BOOK IOU PAGE 61 BOOK 106 PAGE 62 •Planning and Zoning Commission Consideration At its regular meeting of May 14, 1998, the Planning and Zoning Commission voted unanimously (7-0) to recommend approval of the special exception use and conceptual PD plan application. Also, the Planning and Zoning Commission approved the preliminary PD plan subject to the Board of County Commissioners action on the conceptual PD plan and special exception use application. ANALYSIS• 1. Size of Development: 19.24 acres 2. Zoning Classifications: RM -8, Residential Multi -Family (up to 8 units/acre) 3. Land Use Designations: M-1, Medium Density Residential 1 (up to 8 units/acre) 4. Phasing: All improvements are to be constructed at the same time. 5. Number of Units: Proposed: 184 units Allowed: 184 units 6. Off -Street Parking: Required: 368 spaces Provided: 374 spaces Note: As allowed by the code, the applicant is proposing 92 stabilized grassed parking spaces with the remaining 276 spaces being paved. Section 954.05(4 1)(a) I states that parking spaces for multi -family residents should be located within 200' of the units they serve. While the applicant has not done a detailed analysis, he generally acknowledges that there are parking spaces greater than 200' from the units they serve. Generally, the more remotely located parking spaces are due to design constraints of the narrow property, and the fact that all of the residential units are contained in a single building. The narrowness of the property does not allow parking on the east side of the building, thus precluding an option for spaces to be located along an entire side of the building. The applicant has revised the plan at staff s request to eliminate a plaza area with a fountain and replaced it with 14 additional spaces adjacent to the building. In staff s opinion, the revisions help address the general policy of having spaces located close to the units served. Also, staff has suggested providing at least 1 space within 200' of each unit assigned for that unit, and signing an area close to the entry points for short term loading and unloading such as groceries. 7. Density: Normal RM -8 maximum: 8.00 units/acre Allowed (with 20% density bonus): 9.60 units/acre Proposed (with 20% density bonus): 9.56 units/acre Note: The density is based on 19.24 gross acres of developable RM -8 zoned property. By using the affordable housing density bonus available through the PD process, the applicant is proposing a 20% density bonus increase above the project's normally allowed maximum density. The applicant will also be dedicating additional right-of-way for 161' Street and will be compensated through a density credit. The yet -to -be -dedicated right-of- way is included in the site's gross upland area acreage (19.24 acres), as indicated below. Both the affordable housing density bonus and the density credit as compensation for the proposed right-of-way dedication are provided for in the LDRs. June 9, 1998 54 0 0 L� • The total number of units allowed on the project site is as follows: Overall Project: 19.24 gross acres 19.25 x 8 units/acre =153.9 units or 153 units allowed 153.9 x.2 = 30.78 units or 30 units of affordable housing density credit allowed 153.9 + 30.7 = 184.6 units or 184 units allowed Pursuant to section 911.14(4) (zoning chapter) of the county's land development regulations (see attachment #4), the applicant has requested an affordable housing density bonus of 20%, or 30.7 units, with special buffering as required in the newly adopted comprehensive plan affordable housing policies. Those policies are also scheduled to be codified into the LDRs in May, 1998. The applicant is providing affordable housing through a financing program administered by the Florida Housing Finance Agency (FHFA). Under that program, the applicant is required to keep all of the units affordable for a 15 year period. For rental projects such as this one, "affordable" is defined in the county's LDRs as aproject having a monthly rental rate equal to .083 times 20% of the non -adjusted annual median family income for Indian River County as established by the FHFA. Satisfaction of the tax credit program requirements will satisfy county affordable housing density bonus requirements. Based on the proposed PD and proposed program participation, staff has determined that the applicant meets county requirements for a 20% affordable housing density bonus. To ensure that these requirements will be met, the applicant will need to provide the county with a letter from the state or federal agency responsible for funding and monitoring the project under the tax credit program. In addition, the LDRs require the applicant to record a restrictive covenant that specifies the terms of the affordable housing approval, and places any prospective buyer of the project on notice as to the terms of approval. 8. New Impervious Surface Area: 6.90 acres or 35.87% of the overall site 9. Open Space: Required: 30.00% Provided: 52.39% Note: The open space percentage does not reflect any credit for the 2.28 acres of lakes which constitute 11.74% of the overall site. 10. Recreation Area: Required: 2.30 acres Provided: 2.30 acres Note: Recreation area is generally provided at the pool facility, walking trail, and picnic pavilion. 11. Traffic: The applicant is proposing a driveway on SR 60 to provide access to the project. That driveway will be limited to right-inhight-out movements on SR 60. Also, the project will have a secondary driveway access to 161 Street, a Thoroughfare Plan road that is yet to be paved. The driveway on 161 Street will be a full movement driveway. Within the project site, the SR 60 driveway will provide access to the northern parking lot, and north building entrance. From there the driveway proceeds south, along the west side of the building, to the south parking lot and south building entrance. The driveway June 9, 1998 55 A ,bov� 106 fa 64 continues through the southern portion of the site to connect with 16' Street. The internal circulation system has been reviewed and approved by the county traffic engineering division, subject to driveway improvements discussed later in this report under "Dedications & Improvements". The applicant has submitted a traffic impact analysis for the proposed development, and that analysis has been reviewed and approved by the county's traffic engineering section. The traffic impact analysis indicates that a right turn deceleration lane is required at the project's entrance along SR 60. The applicant has depicted the deceleration lane on the site plan. Detailed construction plans approved by the FDOT will need to be submitted prior to site plan release, and the right turn lane will need to be constructed prior to issuance of a certificate of occupancy. 12. Stormwater Management: The public works department has reviewed and approved the conceptual stormwater management plan. Prior to issuance of a land development permit or land development permit waiver, the applicant must obtain a Type "A" stormwater management permit. 13. Coneurrency: The applicant has applied for initial concurrency and signed a concurrency acknowledgment form, which satisfies the project's concurrency requirements for preliminary PD plan approval. Thus, all concurrency requirements related to conceptual and preliminary PD plan approval have been satisfied. 14. Environmental Issues: •Uplands: Since the site pis over 5 acres, the native upland set-aside provisions could potentially apply to this project. However, the environmental planning staff has inspected the site and verified that the site is mainly existing grove and that no native upland plant community exists. Therefore, no set-aside requirement applies to this project. *Wetlands: The environmental planning staff has inspected the site and verified that no wetlands exist; therefore, no wetland regulations apply to this development. 15. Dedications & Improvements: The county's Thoroughfare Plan classifies SR 60 as a major urban arterial road which requires 200' of right-of-way. Presently, 172' of right-of-way exist for SR 60. Due to the presence of a canal right-of-way between this property and the SR 60 right-of-way, no additional right-of-way for SR 60 is required from this site. Presently, 30' of right-of-way exists for 161 Street. The county's Thoroughfare Plan classifies 16* Street as a collector road requiring 80' of right-of-way. The applicant will be dedicating an additional 50' of right-of-way for 161 Street to complete the 80' standard. While the applicant is allowed to use the gross area of the site for density calculation purposes, the county is giving compensation through density credit only for the right-of-way dedicated above the 60' local road standard. This type of density credit arrangement has been used for other projects within the county as allowed pursuant to LDR section 952.08(1)(e). The county's sidewalk and bikeway plan calls for a 5' sidewalk along the project's 16' Street frontage. However, since 161 Street is unpaved at this time, the sidewalk is not required of the developer. While the paving of 16* Street is not a required improvement for this project, the applicant is working with the county to formulate a developers agreement that compensates the developer for paving 161' Street from the project's entrance to 661 Avenue. The main issue with the developer's agreement is the county's ability to acquire 161 Street right-of-way June 9, 1998 56 between the project site and 661 Avenue. If the county can acquire the right-of-way, a developer's agreement for the paving will be negotiated. However, neither the paving of 161 Street nor the negotiation of a developers agreement for such paving is related to PD approval of the project. In regard to the internal driveway (681 Drive) that runs through the project from SR 60 to 16' Street, the applicant is proposing to construct the southern half of the roadway as an unpaved stabilized roadway. The public works director will not approve the stabilized driveway construction. Planning staff and public works staff believe the southern portion of the road needs to be paved to ensure an adequate secondary access for such a large project. It is the opinion of public works and planning staff that such paved secondary access is necessary for the project to provide adequate connections to the public street network as required in LDR section 913.07(4)(H)l.b. and c. The applicant is already proposing the necessary roadway segment, but not proposing to surface it to the county's paved driveway standards found in LDR section 954.10. The driveway is private and will be used by residents of the project only. If paved, the driveway will provide an alternative to SR 60, especially once 161 Street is paved. According to county records, there is a Murphy Act easement for right-of-way on the property. At this point it has not yet been determined to what extent the Murphy Act easement encroaches into the property. Since no additional right-of-way is required from the site, the county has no objection to releasing the Murphy Act easement. Prior to PD plan release, the applicant will need to determine the extent of the Murphy Act easement, apply to the FDOT for release, and obtain release of the easement. 16. General Compatibility: When applicants are seeking a density bonus, compatibility with adjacent properties is a concern. In this case, the concern is with the adjacent properties to the east and west. The property to the east is vacant and has an M-1 land use designation. The most intense zoning allowed in the M-1 land use designation is the RM -8 district, a zoning district which allows multi -family development up to 8 units per acre, Tong with a variety of institutional uses. The property to the west is Lake in the Woods, a multi -family community developed under the RM -6 zoning regulations. The Lake in the Woods site plan approved 196 multi -family units, 110 apartment units and 210 ACLF units for a total of 516 units on 68 acres or 7.58 units/acre. (Note: ACLF units are generally not considered "full" units for density purposes.) The original Lake -in -the -Woods site plan was modified to convert the 110 apartments to 37 single family homes, which lowered the actual density to 6.51 units/acre. The developer of the proposed project has tried to concentrate the proposed improvements in the northern half of the site and keep the improvements as far away as possible from the majority of existing residential units located on the adjacent Lake -in -the Woods project site. As indicated in the landscaping section of this report, a Type "B" buffer will be provided on the east and west sides of the site. By clustering the improvements and using a single three story building, the applicant is able to provide over 52% green area, a percentage which does not include the 11.7% of the site developed as lake area. Building setbacks are as follows: North: 380' South: 1,500'+ East: 50' West: 85' June 9, 1998 57 BOOK oa 65 I - 106 "'t66 Through the project's tax credit and financing program, the development will be restricted to elderly residents. Such a restriction could make the project more compatible with some of the existing developments in the area that are largely occupied by seniors. Any change in the project's age of residents restrictions would constitute a change of use and would require approval by the county. In staffs opinion, the proposed residential development would be compatible with other uses and developments along SR 60, based upon building location, setbacks, and buffering. 17. Landscaping and Buffering: The landscape plan meets the requirements of Chapter 926, including a 25' setback from all project property lines. The comprehensive plan requires that projects seeking a density bonus provide a Type "B" buffer on any perimeters that are adjacent to other residential properties. That criterion has been applied to this project. Consequently, the applicant is proposing a Type "B" buffer along the east and west property lines. Buffers consistent with the SR 60 corridor plan have been provided along the project's SR 60 and 16th Street frontage. All buffers will need to be completed prior to the issuance of a certificate of occupancy for the building. Also, pursuant to increased tree standards adopted into the LDRs last December, larger canopy trees are required and proposed on the east side of the building. Because the building is over 25' high and is closer than 70' to the east property line, all canopy trees within that Type "B" buffer are specified as 16'-18' tall, 3" caliper, and 8' spread at time of planting. 18. SR 60 Corridor Plan Criteria: Since the site is located within the SR 60 corridor plan area, the corridor plan criteria apply. The plan meets the SR 60 corridor plan criteria as described below: a. Roadway Landscaping: The site has frontage on SR 60 and 161 Street, both of which are thoroughfare plan roads. The project has 338' of frontage on SR 60 and 190' of frontage on 16th Street. A 48' wide driveway on SR 60 reduces the plantable frontage to 290'. A 20' wide driveway on 161 Street reduces the plantable frontage to 17W. The landscape plan provides the proper amount of landscape material to meet the corridor plan buffer requirements along both the SR 60 and 16' Street frontages. Those buffers provide the required 6' opaque feature for multi -family project Thoroughfare Plan road frontages, and are a minimum of 40' deep along SR 60 and a minimum of 140' deep along 161 Street. All other elements of the landscape plan meet the SR 60 corridor plan criteria. b. Architectural: There will be one 3 story building with gable roofs that have a 5:12 pitch. The roof will be a fiberglass shingle roof that is allowed for residential structures within the SR 60 corridor. All of the proposed colors and building materials have been reviewed and meet the SR 60 corridor plan requirements. C. Foundation Plantings: While no foundation plantings are required for residential structures in the SR 60 corridor, the applicant will be providing a variety of foundation plantings compatible with the building. d. Signs: The freestanding sign for this project will be a landscaped monument style sign. A complete sign package will be submitted with the building permit application. Staff will review the sign package for compliance with the SR 60 corridor plan. e. Lighting Plan: The applicant has submitted a lighting plan that is consistent with the SR 60 corridor plan. June 9, 1998 58 I 19. Preliminary Plat: The applicant has submitted a preliminary plat, which essentially constitutes a boundary plat. The proposed PD plat meets all applicable regulations. 20. Surrounding Land Use and Zoning: North: SR 60, Vista Plantation/RM-4 South: 161 Street, groves/A-1 East: Central Assembly of God Church/A-1 West: Lake in the Woods/RM-6 RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners grant special exception use and PD conceptual plan approval for the 184 unit Club at Vero elderly affordable housing project with the following conditions: 1. Prior to or via the final PD plat, 50' of property along the site's southern border shall be dedicated for 16th Street right-of-way. Dedication of the right-of-way to be compensated by the density credit reflected in the approved PD plan. 2. In return for the housing density bonus granted, the project shall be allowed a maximum of 184 residential units at project build -out. In addition, the following affordable housing conditions shall apply: a. Prior to the issuance of a land development permit or land development permit waiver for the project, the applicant shall submit to the county a letter from a state or federal agency verifying that the project is committed to a state or federal housing program which satisfies the county's affordable housing requirements for rental units as found in LDR section 911.14(4), and that a state or federal agency will monitor project compliance with affordable housing requirements. b. That prior to issuance of a C.O. for any affordable housing rental units, the developer shall comply with the covenant requirements of LDR section 911.14(4)(a)2.f. 3. Prior to PD plan release, the applicant shall provide to the county traffic engineering division FDOT approved construction plans for the SR 60 project entrance right turn lane. 4. Prior to PD plan release, the PD plan shall be revised to show the "68th Drive" driveway paved to county site plan standards through the southern portion of the project to 16th Street. 5. Prior to the issuance of a C.O., the right turn deceleration lane for the project's SR 60 entrance shall be constructed and inspected. 6. Prior to the issuance of a C.O., the internal driveway known as 68' Drive shall be paved through the southern half of the project, providing a paved connection to 161h Street. 7. Any change from an elderly apartment complex shall constitute a change of use, and require county approval. A 'A IENTS: 4. Landscape Plan 1 • Application 5. Zoning Ordinance Section 911.14(4) 2. Location Map 6. LDR Section 913.07(4)(1) 3. Site Plan 7. Planning and Zoning Commission Minutes June 9, 1998 59 BOOK O FnE 67 �y � BOOK 106 �,q 68 Director Boling advised that the rest of the attachments had been distributed which had inadvertently been omitted from the backup. (Attachments have been filed with the backup in the office of the Clerk to the Board.) The memorandum indicated a vote of 7-0 of the Planning and Zoning Commission, the correct vote was 6-0. Commissioner Ginn hoped that the design of the building would not be like the one on 6' Avenue (Gardenia Gardens) which she thought looked like a "prison", and Director Boling assured her that the design of this project was much different and would have abundant landscaping as well. A color drawing (design board) of the proposed building was displayed by the applicant which allayed her fears. Commissioner Ginn wondered why such a difference in design and why, as has been reported in the newspaper, Gardenia Gardens still had empty units. She speculated that maybe the county did not need any more low-income elderly housing. Community Development Director Bob Keating explained the funding differences between the project before them and Gardenia Gardens (a HUD project). He also pointed out that Gardenia Gardens was aimed at a lower income elderly population, with significantly lower rents. The design might be another explanation for the space still available there. Vice Chairman Macht asked how it happened after all the prior comments made about Kyle's Run, and Director Boling explained that Gardenia Gardens was treated as a standard multi -family project (apartment building) which did not come before the Board of County Commissioners, just before the Planning and Zoning Commission. So, there were no special plan development requirements applied to it. What had come before them was River Park Place, which has completely different elevations and architecture. Commissioner Ginn stressed that she thought the area was being over -built and reiterated her past disagreement with density bonuses. She believed the County needs to pull back. Vice Chairman Macht asked if this project did not fill up, if there was an escape clause that would allow them to open to other than elderly. Director Keating assured the Board that both the County's requirements and their financing (Florida Housing Finance Agency) commit them to keeping the type of clientele identified for the period of time. The units must be kept affordable for 28 years. He understood that it would be policed by the FHFA. June 9, 1998 .c I 0 - 0 Vice Chairman Macht asked if the County would have policing power, and County Attorney Vitunac replied in the affirmative. He added that the County does not have the power to require a market study before the developers can begin their projects. Commissioner Eggert stated that the affordable housing which has been built has been a mix. She thought the County's need is not gone; the Council on Aging still gets inquiries about housing. Just because one does not fill up quickly is not a signal another one will fail. She felt the county did not yet have this level of quality housing. Commissioner Adams interjected that recently opened Grace's Landing in Sebastian is fall. She thought there was no question there is a present need. She also believed that the developers did their own market studies to ensure the success of this project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, attorney for the applicant, had with him David Knight, the project engineer, and Scott Culp, the director of development for CED Construction, who wanted to address some of the Board's concerns. Scott Culp advised that their market study indicated a 1.6 vacancy rate in apartments in Indian River County, which is very, very low. Last year, the County had a 2.3 vacancy rate. Also the FHFA looks at demographics and targets areas that need additional affordable elderly housing and offers incentives that CED utilizes as a financing source in order to build developments such as theirs. Even with the different standards in mind, between their development and Gardenia Gardens, they viewed an 80 -unit building which opened in April and has now only 7 apartments vacant (93% occupancy) encouraging. Seniors' communities typically lease up at a rate of approximately 10 units per month, no matter how big the demand. They expect their community will take at least 18 months to fill. He explained that Gardenia Gardens' maximum income level requirement is actually The Club at Vero's minimum income requirement. The financing program is also quite different. He described the amenities that are being offered by The Club at Vero which are quite desirable and offer a level of quality that has not been seen in the county to this point. He also explained the tax code with respect to tax credits regarding tenants' incomes. Commissioner Ginn expressed concern about people moving and emptying out the older buildings, and Mr. Culp agreed that sometimes happens, but it also encourages rehabilitation of the older buildings to keep up with the market. June 9, 1998 61 BOOK M FACE 69 J Boa DO PnE 70 Commissioner Ginn thought the building was very attractive, but she could not go along with more housing and density bonuses. Mr. Barkett addressed concerns on enforcement and advised there will be a covenant for enforcement. He also explained the process of how Indian River County was targeted in 1995 for affordable housing and how tax credits are administered. Indian River County is no longer a targeted community, so once the group of applications which started then are built out, there will be no more. Glenn Legwen, 5900 5' Street SW, was concerned about multi -units for elderly being so far from the county's hospital facilities which are across the railroad tracks. He asked if a change of density was being requested, and Director Boling stated they were asking for a density bonus for affordable housing adding that it would be going from 8 units/acre to 9.56 units/acre. Mr. Legwen thought the Board should deny the request because they are asking for a zoning increase. He thought the Board should put their foot down and stay with the zoning plan. He asked why the staff was making the presentation and not the developer. He asked if the "water pit" on US# 1 in front of the Kmart Plaza was beautiful or an eyesore. He believed these fenced -in water pits should not be right up against the road. He asked if it made good sense to have a 3 -story building for elderly people. He was not in favor of the 20% development bonuses. He asked if any of the units were available for month-to-month rental. Property Appraiser David Nolte had arrived late and asked if the Board had discussed the impact of the development on ad valorem taxes and reminded them that there have been applications to the Value Adjustment Board because developers of these projects believe they are entitled to a very low evaluation. He wanted to point out this potential future problem and read from the following: June 9, 1998 C'1►? 0 0 • • Bulletin PTA -98-004 From: John Everton Date: June 3, 1998 To: Property Appraisers Tax Collectors FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX BULLETIN it ,• LEGISLATION CONCERNING LOW INCOME HOUSING TAX CREDIT DEVELOPMENTS The 1997 Legislature enacted Chapter 97-167, Laws of Florida, effective July 1, 1997. The law, in part, amends provisions on low-income housing tax credit (LIHTC) developments, section 420.5099(5) Florida Statutes. It describes the use of certain appraisal methods only when considering income, in assessing a LIHTC development for ad valorem taxation under section 193.011, Florida Statutes. The law states, in part: For purposes of implementing this program in Florida and in assessing the property for ad valorem taxation under s. 193.011, neither the tax credits, nor financing generated by tax credits shall be considered as income to the property, and the rental income from rent restricted units in a low-income tax credit development shall be recognized by the property appraiser. See Chapter 97-167, section 19, Laws of Florida (1997). By referring to section 193.011, the new law applies to property taxes. It also prohibits the inclusion of income credits for a subsidized low income property in the income from the property when considering the income approach. It further requires that when appraising such property under the income approach, actual rents be recognized by the property appraiser. This Bulletin supersedes Bulletin 4DAV-96-009 dated August 13, 1996. This information is furnished by the Department of Revenue to advise interested parties of legislative action taken during the 1997 session. If further assistance or clarification is needed, please contact Kathy Henley at (850) 488-3335. Mr. Nolte explained that it means the normal method of appraising cannot be used on these properties and he believed the intent of the law is to give an ad valorem tax break to this kind of development. He warned that if that happens, and there's a normal amount of services required for the development, someone else is going to be picking up their fair share of the burden. It was determined that no one else wished to be heard and the Chairman closed the public hearing. June 9, 1998 63 BOOK M6 PAGE .72 Commissioner Eggert stated her intention to continue to support this because she thought it was needed. She pointed out the project is at a different price level and has been very carefully done. She added that staff presented this to the Board as they do everything that comes to the Board as a public hearing. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Adams, to approve staff's recommendation with all the conditions. Commissioner Ginn pointed out that the Board still did not have an analysis of the number ofunits available per income group which was supposed to be forthcoming this year. Citing the Mall, she asked why the ponds had to be next to the road, with chain link fence, and are credited as green space. She felt work needed to be done in that area. Director Keating advised that if a storm water pond is a wet pond and it becomes a water body, it is not completely credited for green space, only a percentage is. A fence is usually required if the water is over 2' deep as a safety requirement. The location is generally determined by engineering in coming up with a storm water plan. If it is maintained properly, it can be considered an asset. Director Boling reported that the County cannot take credit for the pond in front of Kmart, because it is in the City of Vero Beach and was built a long time ago. He advised that this project will have storm water ponds similar to those at Walmart (near east/Applebees' entrance). Chairman Tippin recalled the original purpose of the ponds was to keep pollution out of the Indian River Lagoon. The Chairman CALLED THE QUESTION and the motion passed 4-l(Commissioner Ginn opposed.) June 9, 1998 64 9.A.3. PUBLIC HEARING - ORDINANCE AMENDING SECTION 401.14 TO CLARIFY THE AGRICULTURAL EXEMPTION TO THE BUILDING CODE PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the uuuder authority personally appeared Darty] K. H cks who an oath says that he Is President of the Press,lournal, a daily newspaper published at Vero Beach int Indian River County, Florida: that the attached copy of advertisement, being a 1Al ldl in the matter of k� 401.A - in the n Court, was pub- lished In said newspaper In the Issues of t C1Q� Affiant further says that the said Press%lournal is a newspaper published at Vero Beach, in said Indan River County, Florida. and that the said new has heretofore been mftuousiy publ�hed in said Indian River County, Florida, and has been entered as seed daas mall .natter at the post office In Vero Beach, in said Indian River County, Florida, for a period of one year next prig the first publication of the attached copy of fit; and aff a further says that he has neither paid nor promised any person, firm :d= atop any discount, ut, rebate, corrimission or refund for the purpose of securing this advartfarrrrrent for publication in said newspaper. orswtlYflYAa�'ang! subscribed before rneI I AD. '1/g (rd �0c�. •Fal,° � o /1<. �.t�i (President) NY CONNISSION EXPIRES EANiIARY 01.2031 z CONN. NO.CC611092 ¢r Y.l"ABERLY ANEBLAIS y • (SFa-) Notary Public, State of Florida �� ' • EtiG My Commission Ezp. Jap. 01.2 001 z, `elf+=. STA�OM�+a Comm. No. CC 61109 �44p,�p Personally Known Wor Produced I ❑ TVpe of IP Prndur:nd . 1998: NOTICE The Board of County Commission. ers of Indian River County, Florida, hereby provides notice of a public hearing scheduled for 9:05 am. on Tuesday, June 9, 1998, to be held be the Indian River County Admin. istration Building, 1840 25th Street Vero Beach, Florida. This public hearing will be for the pur- pose of discussing. the following proposed ordinance entitled: IAN ORDINANCE -OF tHE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORl. DA, AMENDING SECTION 401.14 TO CLARIFY THE AGRI. CULTURAL EXEMPTION TO THE BUILDING CODE. Any interested parties may appear at the meeting and be heard with respect to the -proposed ordinance. Copies of the proposed ordinance are available for inspection by the public during regular business hours at the of Office of the Clerk to the Board of County Commis- sioners, 1840 25th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the pro• c eedings is made, which .includes testimony and evidence upon which the appeal is based: Anyone who needs a special 'accommodation for this meeting may contod the County's Amerl. cans with Disabilities Ad (ADA) Coordinator at 567-8000, Ext. 223 at least 48 hours in advance of the meeting. May 29,1998 1354726r 807 Community Development Director Bob Keating reviewed a Memorandum of June 3, TO: Board of County Commissioners FROM: Terrence P. 0Brien, Assistant County Attorney DATE: June 3, 1998 RE: Public Hearing - June 9, 1998 June 9, 1998 An Ordinance Amending Section 401.14, IRC Code to Clarify the Agricultural Exemption to the Building Code 65 BOOK FACE 73 booK 106 PAGE 74 This item was requested by the Building Official and Code Enforcement Officers to clarify the Code with respect to the agricultural exemption to the building code. A public hearing date of June 9, 1998 was set by the Board of County Commissioners. Commissioner Adams wondered why this item had not been considered by the Agricultural Advisory Committee because there had been no business to discuss at their last meeting and this would have been a perfect opportunity to get some input from them. Director Keating understood and apologized that it had not come before the committee. Commissioner Adams asked if it would be a problem if they defer it 30 days to send it to the AAC for some input, and Director Keating responded it would not. MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Ginn, to defer the matter until after the Agricultural Advisory Committee has considered it and made their recommendation. In response to an inquiry, County Attorney Vitunac believed they would have to re - advertise and start all over. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Glenn Legwen, 5900 5'b Street SW, agreed with Commissioner Adams' suggestion and asked what about nurseries that have "AG exemptions". He thought there were some who would like to put in some agricultural buildings that might apply. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Adams wished to clarify that the exemption for bona fide agricultural purposes fits everything that is presently occurring. The problem has arisen on small 5 -acre June 9, 1998 parcels that the owners think are"AG" because they have a home on 5 acres in an agricultural area, and there is a difference. The Chairman CALLED THE QUESTION and the motion passed unanimously. 9.A.4. PUBLIC HEARING - ORDINANCE AMENDING SECTION 307.02 - PROHIBITION PARKING IN HANDICAP AISLES PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority pensonally appeared Darryl K. Hicks who an oath says that he Is President of the Press4oumal, a daily newspaper published at Vero Beach In Indian Rim County, Florida; that the attached copy of advertisement, being In the matter of L+ I hr- J ?_L_) . C21— in —in the Court, was pub - listed In said newspaper In the issue of Afflant further says that the said PresWoumal Is a newspaper published at Vero Beach. in said Indian Rim County, Florida, and that the said newspaper has heretofore been oonflmously published in said Indian Rim County, Florida, each daOy and has been entered as second doss mail matter at the post office in Vero Beach, lo said Indian River County, Florida, for a period of one year nerd prig the first publication of the attached copy of advertl9anhent; end affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, corrrnission or refund for the purpose of securing this adve�t for publication In said newspaper. * MY COMMISSION FXPIRfS JANOARY 01, 2031 {p? COMM.NO.611092 "z zq9`{SEAL) : V2� 1998: before me thh1s__.D6 01 day of_J32!l2L-_ A.D. 19 % ttoter; Public. Slate of Florida Comm. NogCC 6 XjP09JJ n. 01, 2001 Personally Known Wor Produced ID 0 Type of 10 Produced NOTICE The Board of County Commission- ers of Indian River County; Florida, hereby provides notice of a public hearing scheduled for 9:05 a.m. on 'Tuesday, June 9, 1998, to be held at the Indian River County Adminis- tration Building, 1840 25th Street, Vero Beach, Florida. This public hearing will be for the purpose of discussing the following proposed ordinance entitled: . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 307.02, INDIAN RIVER COUNTY CODE TO PROHIBIT PARKING IN HANDICAP AISLES. Any interested parties may appear at the meeting and be heard with respect to the proposed ordindnce. Copies of the proposed ordinance are available for inspection by the public during regular business hours at the of Office of the Clerk to the Board of County Commis- sioners, 1840 25th Street, Vero Beach, Florida.. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure 4hat a verbatim record of the pro- ceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting may contact the County's Ameri- cans with Disabilities Act (ADA) Coordinator at 567-8000, Ext. 223 at least 48 hours in advance of the meeting. May 29, 1998 1354715r Assistant County Attorney Terrence P. O'Brien reviewed a Memorandum of June 3, June 9, 1998 67 BOOK IOU RGE 75 I BOOK 106 PAGE TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County AttorneyjY0 DATE: June 3, 1998 SUBJECT: Public Hearing -June 9, 1998 An Ordinance Amending Section 307.02 Prohibition Parking in Handicap Aisles The Florida Legislature has recently amended the statutes governing handicap parking. Section 316.1955(5)(c), F.S., prohibits parking in an access aisle. Section316.1955(7), F.S., prohibits parking a vehicle in a disabled parking space unless the vehicle displays a disabled parking permit and the vehicle is actually transporting the person to whom the permit was issued. The proposed a ordinance incorporates these changes so as to allow local enforcement. A public hearing date of June 9, 1998 was set by the Board of County Commissioners. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Adams, the Board unanimously adopted Ordinance 98-15 amending Section 307.02 of the Indian River County Code to prohibit parking in handicap aisles. ORDINANCE 98-15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 307.02, INDIAN RIVER COUNTY CODE TO PROHIBIT PARKING IN HANDICAP AISLES. WHEREAS, the Indian River County Code under Section 307.02 regulates parking for certain handicapped persons; and - WHEREAS, the Florida legislature has amended the statute governing handicapped parking, and June 9, 1998 0 0 • WHEREAS, to enforce these regulations on the local level code amendments NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. Current Section 307.02 is hereby designated paragraph (a) of Section 307.02 and a new paragraph (b) is added to Section 307.02 to read as follows: (b) No person shall park any vehicle at any time in an access aisle to a handicap designated parking area. Further, no person shall park a vehicle in a disabled parking space unless the vehicle displays a disabled parking permit and the vehicle is actually transporting the person to whom the permit was issued. SECTION 2. REPEAL. Those portions of the Indian River County Code superseded or in conflict with the provisions herein adopted, in particular Chapter 401, are hereby repealed. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 9th day of June , 1998. This ordinance was advertised in the Vero Beach Press -Journal on the 2 9 t hiay of M ay , 1998, for a public hearing to be held on the 9 g h day of June , 1998, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and adopted by the following vote: June 9, 1998 RE BOOK 101 FACE 77 J I ua 106 ga 7 Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Caroline Ginn Aye The Chairman thereupon declared the ordinance duly passed and adopted this 9gh dayof June , 1998. BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By By ai��42� �'Oa'aA Effective date: This ordinance became effective upon filing with the Department of State which took place onR��day of 11998. rpf;II 11;81 I J -f Fvdigel Det•t RISK Mgr. S iq 99 9.B. PUBLIC DISCUSSION ITEM - MARBRISA SEASIDE HOMEOWNERS ASSOCIATION'S REQUEST FOR COUNTY TO PLANT LANDSCAPING AT SEAGRAPE BEACH Public Works Director James Davis reviewed a Memorandum of June 2, 1998: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request from Marbrisa Seaside Homeowners Afssociation for County to Plant Landscaping at Seagrape Beach Access North of Marbrisa REF. MEMO: Barbara Mercer to Indian River county Commissioners dated May 23, 1998 DATE: June 2, 1998 June 9, 1998 70 40 0 • The Marbrisa Seaside Homeowners Association (MSHOA) is requesting that the County Parks Division purchase and install approximately sixty(60) oleanders or podocarpus along the 8' wide grass area between Seagrape Beach Access Parking Lot and the recently constructed fence along Marbrisa's north property line. The MSHOA is of the opinion that the plants would reduce noise levels, enhance privacy, and promote safety in the area. The County Parks Superintendent Jim Romanek and Public Works Director Jim Davis met Mrs. Mercer and representatives from MSHOA last winter to consider the request. Staff expressed the following concerns: 1) Since the distance between the- Marbrisa Property line and parking lot is only 8 ft.t, a row of ornamental plants that would grow as high as 6' would also canopy out to fill most of the 8' green area. Many cars, trucks, etc. back into the parking spaces to unload beach equipment, coolers, etc. within the green area so as not to obstruct the travel aisles. The beach access is only 70' wide and most of it (44') is consumed by pavement. Hedging the 8' strip would reduce pedestrian travel, unloading, and usability. 2) Added plants may not increase safety, but could provide an obstacle behind which someone could be concealed. 3) The Marbrisa homeowners have already planted palms and hibiscus, as well as erected a fence and screening to create a noise barrier. Once mature, staff is of the opinion that their objectives will be accomplished. 4) A row of oleander would attract insects and require spraying. Podocarpus sometimes does not thrive in the saltwater environment. People will probably continue undesirable practice in the plants. Trash will be more difficult to remove. Whereas staff applauds the efforts of the MSHOA in beautifying their property with the palms and hibiscus, we respectfully recommend that the existing green area be left open for park users. Referenced letter June 9, 1998 71 MOK 19'U PAGE 79 J BOOK O PACE 80 Commissioner Eggert mentioned other concerns relative to planting oleanders, namely children walking in the parking lot and caterpillars on oleanders. Barbara Mercer made the following presentation on behalf of the Marbrisa Homeowners Association: I'm Barbara Mercer - 570 N. Monterey Dr. - Vero Beach, F132963 I'm here on behalf of the Marbrisa Homeowners Association to request approval for one row of shrubbery to be planted alongside the south fence at the Seagrape Beach Access. We request these plants because of our need to improve the appearance, security and privacy of the Marbrisa. property. The appearance of the Marbrisa property was changed due to the removal of all the Brazilian pepper trees that were intrusive and a constant maintenance problem directly behind the four units facing the beach access. They multiplied and choked out all the nice vegetation and grass beneath them. This unsightly mess was ugly and so thick you couldn't get behind them to remove trash, and debris. In our consideration of plants, we kept in mind the barrier island and felt we should keep it functional yet tropical to obtain a beautiful appearance for the entire community to enjoy. We spent $6,000.00 to remove, clear, plant 13 queen palms, 90 hibiscus and liriope, and replaced the sod. Our decision was also influenced by my conversation with Mr. Romanek who felt that oleanders would not be a problem on the parks side of the fence since we were wanting some height and denseness in a tiered affect. We also added an irrigation pipe which extends water throughout the fence area Mr. Romanek also stated that extra maintenance would not be a problem since he already had a crew that took care of routine maintenance and it would be a lot less maintenance than they had to content with before. In addition to these positive changes this brings me to the second point concerning security and privacy. Being so open, close, and vulnerable to the daily activities in the beach access ,we added extra lighting so it would illuminate the entire area at night and a temporary fence screen for a little privacy. We also got opinions from professional landscapers - Jack Sellnow from Busy Bee Nursery and Ronda Lowe from Rock City Nursery. They both felt there was sufficient room for one row of shrubbery that would act as a deterrent to anyone trying to climb the fence, throw beer bottles, glass, dirty diapers, and other trash over the area. They recommended oleanders as an excellent shrub which needed trimming at the most 3 times a year and would give us the height for privacy. They also recommended three types of viburnum - the oderatissum, suspensum, and awabuki as excellent low maintenance bushes. In conclusion, because of this need to improve the appearance, security and privacy of the Marbrisa property, we respectfully request that the Board of Commissioners grant our request to plant one row of shrubbery along the fence at the Seagrape Access directly behind these four Marbrisa units. We are willing to help with the purchase of these plants and feel this would be a beautiful addition and benefit to the entire community. Mrs. Mercer also had photographic handouts showing the before and after of the fence. (These handouts have been placed with the backup of the meeting in the office of the Clerk to the Board.) June 9, 1998 72 Commissioner Adams asked if they had considered using vines which would cover the fencing quickly and not take the 3' planting space needed for oleander. Vice Chairman Macht suggested that Confederate jasmine would -also provide a fragrance. Mrs. Mercer confirmed that the irrigation they had installed would cover outside the fence and she continued to request oleander. MOTION WAS MADE by Commissioner Ginn, SECONDED BY Commissioner Eggert, to deny the request. There was discussion on the motion expressing support for Confederate jasmine, concerns about setting a precedent, and a suggestion that the homeowners plant on their side of the fence. Mrs. Mercer addressed the point by mentioning that there was a buffer at the Turtle Trail access. Frank Coffee, 88 Cache Cay, believed the homeowners should have planted what they are asking the County to plant and that the County should not be responsible for the residents' problem. Following lengthy discussion about security, suitability of particular plants, trash, habits of people using the beach's parking lot, and other concerns, there was concurrence from most of the Commissioners that use of Confederate jasmine would be a good solution. Commissioner Adams suggested the installation by the County would probably be about 50 Confederate jasmine plants at a cost of about $250. Commissioner Eggert WITHDREW HER SECOND. Commissioner Ginn WITHDREW HER MOTION. ON MOTION by Commissioner Adams, SECONDED by Vice Chairman Macht, the Board approved (4-1, Commissioner Ginn opposed) spending up to $250 to install Confederate jasmine next to the fence. June 9, 1998 73 6QOK PAGE C,� r, 600 106 wt 82 11.D. GOLF CARTS - SOLE BRAND DESIGNATION - GO FOR RFP DECISION - GREENS' OVERSEEDING INFORMATION Sandridge Golf Club Director Robert Komarinetz reviewed a Memorandum of May 28, 1998: Date: May 28, 1998 To: Honorable Board of County Commissioners Thru: James E. Chandler County Administrator From: Robert Komarinetz, Sandridge Golf CIL Subj: Golf Carts - Sole Brana Designation - Purchase BACKGROUND Sandridge Golf Club has been in operation since 1987. During these twelve plus years of operation only Club Car with gasoline engines golf carts have been used. The first fleet, at the beginning of operations, were bid and purchased due to low bid. In 1992 when the second course was added to the Club, one hundred and fifty-six carts were purchased as a result of a Request For Proposals (RFP) which is also a bidding process. The bid was awarded based on best bid rather than low bid which is authorized by Policy. Golf carts are very crucial to revenues in they must be kept operational in order to maintain the high number of rounds of golf being played. Staff has been specially trained and an inventory of replacement parts has been purchased to keep the fleet operational at a maximum of time. This attitude has paid off in that the carts have been kept operational, a maximum number rounds have been played (during season), and the carts have lasted beyond their life expectancy. The industry standard life of a cart is four to five years maximum and our fleet is nearing the end of its sixth year of service. Keeping the carts an extra year has maximized our revenues with low maintenance costs. The cost last year was only about $210 more per cart over the average annual maintenance expense during the life of the carts. This year is the time to replace the present equipment. To keep the carts another year would not be cost effective due to excessive maintenance expense and loss of trade-in value. Revenues would be affected if we experienced excessive down time. Staff has talked with Club Car and determined the fleet can be replaced at a net cost less than the 1992 fleet was purchased if we place our order within the next thirty days. This means we can buy the carts factory direct same as a dealer. Replacement of the carts, whether leased or lease purchased, will mean an increase of the 1998-99 budget over last year. This increase would be passed on via a rate increase to patrons at an average of seventy-five cents per round. June 9, 1998 FBI C: ANALYSIS In analyzing past experience and benefits described above, staff feels it is in the County's best interest to continue using Club Car golf cart equipment for the following reasons: 1. Maintenance personnel are already trained and know how to maintain the carts to get maximum use and performance out of them with a minimum of down time. 2. There is already approximately $5,000 worth of miscellaneous parts on hand that can be used to repair the fleet and keep maintenance costs at a minimum. 3. Club Car has already proved they are high quality equipment and have a life expectancy beyond the average when properly maintained as is currently being done at Sandridge. 4. By being able to purchase factory direct the County can take advantage of pricing when models change both now and in the future. 5. Sandridge has always had an excellent working relationship with Club Car and they have always been willing to help in any way possible. The Indian River County Purchasing Policies provide for a designation of Sole Brand for purchase of equipment when it is "the only reasonable brand of equipment that is capable of fulfilling the needs of the County". This designation will allow staff to negotiate prices and purchase this equipment without going through the bidding process. RECOMMENDATION 1. Declare Club Car equipment "Sole Brand" for Sandridge Golf Club. 2. Authorize staff to negotiate the lease purchase of one hundred fifty-six (156) golf carts with a not to exceed price of $325,000 including trade-in of the old carts, amortized over a four (4) year period or a 48 month straight lease. Staff will determine the payment program based on which is best financially for the County. Monies for this transaction will come from the Golf Course Operating Budget. The Board reviewed two letters of June 8, 1998: June 8, 1998 Board of County Commissioners Indian River Country Florida County Administration Building 1840 25th Street Vero Beach, FL 32960 Dear Commissioners, JEZ- • 6601 Lyons Road, Ste. HS Pompano, FL 33073 954/425-7003 800/643-9922 Fax 954/425.4304 E -Z -GO Division of Textron Inc. South Florida Branch This letter is to appeal to item 11.D (Leisure Services - golf carts) on the public hearings agenda to be reviewed June 9th, 1998. June 9, 1998 75 EcOK FACE 83 bcox 100 PnE 84 I am requesting that Sole Brand Designation not be awarded to this category, but instead put this out to sealed bid. As the direct factory representative for E -Z -GO South Florida, I would like the opportunity to illustrate how I can save the county money by choosing E -Z -GO golf cars. I have reviewed one of the more recent bids and without question can save the county a lot of money. E -Z -GO is the largest manufacturer of golf cars in the world and two out of every three golf cars purchased is an E -Z -GO. I feel it would be in the best interest of the county to put these golf cars on a sealed bid. Again I would like to please request that the lease/purchase for golf cars for Sandridge Golf Club be put on a sealed bid so competitors may have a fair and equal chance. Sincerely,f Jack Voller Area.Sales Manager ■ E -Z -GO Division of Textron Inc. South Florida Branch June 8, 1998 6601 Lyons Road, Ste. H5 Pompano, FL 33073 954/425-7003 Board of County Commissioners 900/643-9922 Indian River County Fax 954/425-4304 County Administration Building 1840 251h Street Vero Beach, FL 32960 Commissioners, Jack Voller, our Sales Representative for Indian River County, has explained to me that it appears E -Z -GO will not be given the opportunity to bid on the new fleet of gasoline golf cars for Sandridge Golf Course. The explanation that has been given to Jack is that E -Z -GO cars will not work at your facility and our engine will not hold up. Considering we are the largest manufacturer of golf cars in the world this explanation appears to be nothing more than a justification for a preconceived conclusion rather than an objective finding based on the facts. "Sole Brand Designation" is very appropriate in situations where there is only one vendor that can provide a specific product or service. That, however, is clearly not the case here and the concept of "Sole Brand Designation" is being misapplied to deprive the county of benefits of true competition among suppliers. I am sure that the tax payers of Indian River County have entrusted to you the responsibility of spending their money wisely. Getting bids from other competitive vendors in order to ensure that the tax payers are receiving the most for their tax dollar would be the best way of fulfilling that responsibility. In the event that the Commissioners do not choose to receive competitive bids it would be our intent nevertheless to supply a bid from E -Z -GO and let you compare June 9, 1998 76 to see that the taxpayer's' dollars have been spent wisely. We also encourage you to do a thorough investigation of the specifications and performance of the competitive cars. I assure you it will allay all fears that our cars will not work at your facility. Ladies and Gentlemen, it is not my intent to try and pressure anyone to do business with our company. All we ask is that we be given a fair opportunity to compete. I have asked Jack Voller, our representative, to hand deliver this letter to you as I am unavailable to attend the meeting tomorrow. Patrick Gigandet Branch Manager Commissioner Eggert commented that other departments are moving away from sole sourcing and have been rather emphatic in that desire. She was familiar with E -Z -GO golf carts. She asked why the department had not considered that sole sourcing might be a negative this year. Director Komarinetz explained that when the RFP was issued in 1992, they tried to define it to allow the best piece of equipment to come back to the golf course. They had found that was a good decision which has given them a product, over the last six years, that has been dependable and the County has gotten a good value. He believed the product to be economically sound for the operation. Commissioner Eggert compared it to buying an automobile six years ago as compared to buying a new one today of the same brand; they are not necessarily of the same quality. She thought there was an advantage to putting out an RFP as opposed to sole sourcing. Director Komarinetz agreed that an RFP does give advantages and gives more information. Budget Director Joseph A. Baird interjected that this could also be considered fleet standardization. The Fire Department does it with their fire trucks and the Sheriff does it on his cars. There is an inventory of parts and the people are trained to work on the particular brand. Those have been the reasons behind sole sourcing. IIti ag Commissioner Eggert understood but still felt there was an advantage to issuing an Vice Chairman Macht asked if gasoline golf carts are specified, and Director Komarinetz replied in the affirmative and that E -Z -GO does have a gasoline golf cart. Director Komarinetz added that about two months ago he bought a new Club Car and a new E -Z -GO cart as demonstrators to allow the operation technicians and staff an June 9, 1998 77 600KI FACE boax 103 FACE 86 opportunity to drive and compare them. The golfers had not had an opportunity to drive them, just staff. In response to Commissioner Adams' questions, Director Komarinetz explained how staff arrived at the figure of $325,000 as a not -to -exceed price. In response to Commissioner Eggert's questions about financing, Director Baird explained that his office checks with banks when doing a lease/purchase because there is an interest expense affiliated. So, the bidders are asked to bid both purchase and lease/purchase so the costs can be kept at minimum. Commissioner Eggert thought the recommendation left questions open and felt an RFP would give specific amounts for the specific transaction. Commissioner Adams asked if there was time to go for an RFP, and Director Komarinetz replied in the affirmative adding that the original plan was to go with RFP but in talking with the Purchasing Manager, based on good experience with Club Car, the recommendation was to move forward with the sole source purchase. Director Komarinetz advised that he had no problem going with the RFP if that was what the Board wanted. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Chairman Tippin, to put out a request for proposals for the golf carts. Under discussion, Vice Chairman Macht asked if golf cart rental was a profitable business, and Director Komarinetz responded that it is profitable and by itself will generate around $800,000 per year. Commissioner Ginn asked why gasoline carts were used instead of electric, and Director Komarinetz advised that, when the second golf course was built, staff learned there would be a capital expense of between $30,000 to $40,000 for rewiring the cart buildings. They had a good track record with the gasoline carts so it was decided to continue with the gasoline carts. It had proved to be the right decision because the carts had been used an additional year. Vice Chairman Macht recalled that 27 holes were generally what could be expected from an electric cart before it required re -charging. -The Chairman CALLED THE QUESTION and the motion passed unanimously. June 9, 1998 78 9 . 0 Commissioner Adams asked Director Komarinetz to address the problem on the golf course with the overseeding. Director Komarinetz first mentioned that the Dunes Golf Course renovation project went well. The greens came out of the overseeding process fine. He predicted that within the next week or so the Dunes greens would be very good. Director Komarinetz next addressed the Lakes greens and gave a comprehensive report on the problems that have been incurred. The greens were beautiful during the winter months but not during spring. The experts feel that in the next couple of weeks staff will be able to do the renovations and there should not be problems in the future. (Clerk's Nate: Director Komarinetz's full memorandum on this is filed with the backup of the meeting.) 11.E. ANTI-DRUG ABUSE GRANT FUNDING FY 1998-99 (Clerk's Note: At the request of Chairman Tippin, and on motion by Commissioner Adams, seconded by Commissioner Eggert, unanimous passage, this item was taken prior to Item 9.A.2. so attending staff could leave the Chambers. For continuity purposes, this item has been kept in its proper agenda order in these Minutes.) The Board reviewed a Memorandum of May 29, 1998: TO: Members of the Board of County Commissioners DATE: May 29, 1998 SUBJECT: FY 1998/99 ANTI-DRUG ABUSE GRANT FUNDING - OFFICE OF MANAGEMENT AND BUDGET AGENDA ITEM FROM: Joseph A B OMB Directo BACKGROUND For the previous eight fiscal years, Indian River County has been allocated grant funds from the Florida Department of Community Affairs (FDCA) to fund local anti-drug abuse programs. The Board funded the following programs the last two years: June 9, 1998 79 LOCK 106 PAGE 8 Box DO PALE 38 The County Administrator's Office received a letter dated March 12, 1998 from FDCA stating that Indian River County has been allocated $157,777 in federal grant funds for FY 1998/99, the same amount as last year, to fund local anti-drug abuse programs. The letter also requested the Board to serve as the coordinating unit of government in applying for the funds. The Board, during its March 24, 1998 regular meeting, accepted the invitation to serve as the coordinating unit of government and named Joseph A Baird, Office of Management and Budget, Director, as the contact person. CURRENT The Substance Abuse Council Advisory Board recommended four (4) programs as listed below: Implementing state share Matching Proposed Agency Agency 1996/97 1997/98 1999199 1. Substance Abuse Council of IRC Indian Riker County $20,777.67 $21,036.00 $21,036.00 2. Multi -Agency Drug Enforcement Unit (M.A.C.E.) I IRC Sheriff $81,993.00 $91,063.00 $91,000.00 3. Teens Acting Responsibly Global Education Troupe (T.A.R.G.E.T.) Indian River County $57,915.00 554,230.00 $54,293.00 4. IRC Adolescent Substance Abuse Department $68,250.00 $22,750.00 $91,000.00 Counseling Program and Aftercare Program New Horizons $47,093.00 $44,040.00 $44,040.00 TOTAL $207,778.67 $210,369.00 $210,369.00 The County Administrator's Office received a letter dated March 12, 1998 from FDCA stating that Indian River County has been allocated $157,777 in federal grant funds for FY 1998/99, the same amount as last year, to fund local anti-drug abuse programs. The letter also requested the Board to serve as the coordinating unit of government in applying for the funds. The Board, during its March 24, 1998 regular meeting, accepted the invitation to serve as the coordinating unit of government and named Joseph A Baird, Office of Management and Budget, Director, as the contact person. CURRENT The Substance Abuse Council Advisory Board recommended four (4) programs as listed below: 'Indicates a continuation from the previous fisgl year. The grand total of all four projects is $210,369.00. If a project cannot be implemented due to the budget cuts, then the money allocated for the project will be redistributed to other projects already listed. The M.A.C.E. Unit, Substance Abuse Council and T.A.R.G.E.T. receive their match from Indian River County Board of County Commission funds since they are agencies of the County. New Horizons makes the entire match themselves. Copies of the grant applications are on file in the County Commission office for the Board's review. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Substance Abuse Council's recommendations and authorize the Board chairman to sign the grant applications and other necessary related documents for submittal to the state by the deadline of June 15, 1998. June 9, 1998 80 state share Matching Programs to be Funded Implementing Agency 75% 25% Total IRC Adolescent Substance Abuse Counseling Program and Aftercare Program* New Horizons $33,030.00 $11,010.00 $44,040.00 Multi -Agency Drug Enforcement Unit* IRC Sheriff (M.A.C.E.) Department $68,250.00 $22,750.00 $91,000.00 Teens Acting Responsibly Global Education Troupe** (T.A.R.G.E.T.) Indian River County $40,719.75 $13,573.25 $54,293.00 Substance Abuse Council of Indian River County* Indian River County $15,777.00 $5,259.00 $21,036.00 TOTAL 5157,776.75 $52,592.25 5210,369.00 'Indicates a continuation from the previous fisgl year. The grand total of all four projects is $210,369.00. If a project cannot be implemented due to the budget cuts, then the money allocated for the project will be redistributed to other projects already listed. The M.A.C.E. Unit, Substance Abuse Council and T.A.R.G.E.T. receive their match from Indian River County Board of County Commission funds since they are agencies of the County. New Horizons makes the entire match themselves. Copies of the grant applications are on file in the County Commission office for the Board's review. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Substance Abuse Council's recommendations and authorize the Board chairman to sign the grant applications and other necessary related documents for submittal to the state by the deadline of June 15, 1998. June 9, 1998 80 • ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously approved the Substance Abuse Council's recommendations and authorized the Chairman to sign the grant applications and other necessary related documents for submittal to the State by the deadline of June 15, 1998, as recommended in the Memorandum. COPIES OF GRANT APPLICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.F. GROUP LIFE INSURANCE RENEWAL - COUNTY EMPLOYEES The Board reviewed a Memorandum of June 2, 1998: TO: James E. Chandler County Administrator THRU: Tom Bisaillonyid Acting Personnel Director FROM: Ann Rankin-As�_ Benefits/Payroll Specialist SUBJECT: GROUP LIFE INSURANCE RENEWAL DATE: June 2, 1998 Attached is a chart showing the county's Group Life Claims Experience from the commencement of the plan, October 1994 through March 1998. As illustrated, the county's claims experience have been unfavorable with respect to dependent optional life insurance. Lon Bryan, Account Representative, notified the county that based on our claims experience the county could expect an increase in rates for fiscal year 1998/99. On behalf of the county, Mr. Bryan negotiated (3) options with Trans -General Life Insurance for consideration by the Board of County Commissioners (see attached spreadsheet). Option (1) the increase is applied to the county's basic life insurance; therefore, the county would absorb the rate increase. Option (2) the risk would be transferred to spouse life insurance with a significant rate,increase to the employee. Option (3) limits spouse life to a flat $20,000 benefit for new enrollees, with minimal rate increase to employee optional and spouse optional life insurance. June 9, 1998 81 BOOK JU PAGE 89 BOOK 106 Mi Since this is an optional benefit program, option (1) was not viable solution due to the financial impact on the county. After reviewing the other options, staff concurred that reducing the amount of coverage a spouse can obtain will limit the exposure and have a positive effect on the experience going forward. Staff recommends approval of Option (3) which is to limit spouse optional life to a flat $20,000 benefit for future enrollees with a minimal rate increase. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously approved Option #3 which limits spouse optional life insurance to a flat $20,000 benefit for future enrollees with a minimal rate increase, as recommended in the Memorandum. DOCUMENTS WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.G. 16TH AVENUE RIGHT-OF-WAY ACQUISITION - 43RD AVENUE IMPROVEMENTS - PARCEL 121 - ORTH The Board reviewed a Memorandum of June 1, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo Terry B. Thompson, P. E.. xd Capital Projects Manager FROM: William M. Napier, SRPA, SRA Right -of -Way Agent SUBJECT: 161 Street Right -of -Way Acquisition 43' Avenue Improvements, Project No. 9601 Parcel No. 121, William E. Orth, Jr. and James N. Orth DATE: June 1, 1998 DESCRIPTION AND CONDITIONS Twenty feet (20') of additional right-of-way, plus a corner -clip is needed on 16' Street for adding a turn lane and other improvements in conjunction with the 43' Avenue Project. June 9, 1998 82 The property owners have executed a contract at a negotiated price of $1.10 per square foot for the RS -3 zoned land. This price per square foot is comparable to other similar RS - 3 zoned parcels the County has purchased based upon appraisals or evaluations. The contract price is $6,956.40 based on a total of 6,324 square feet 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 $6,956.40 purchase and authorize the Chairman to execute the contract. Funding is from Account #315-214-541-066.12 ATTACHMENT 1) Contract 2) Legal Description ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Adams, the Board unanimously approved the purchase of 16th Street right-of-way for the 43' Avenue Improvements Project No. 9601, Parcel No. 121, from William E. Orth, Jr. and James N. Orth, for $6,956.40 and authorized the Chairman to execute the Contract, as recommended in the Memorandum. COPY OF CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD 11.H. GARDENIA GARDENS - DEVELOPER'S AGREEMENT FINALIZATION (Clerk's Note: During discussion of item 9.A.2., there was mention made of the Gardenia Gardens project.) The Board reviewed a Memorandum of June 1, 1998: June 9, 1998 83 BOOK iub, mE 91 I r- I wa 106 i , Zlt DATE: JUNE 1, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR 0 FROM: DONALD R. HUBBS, P.. -\ DIRECTOR OF UTILITY S PREPARED AND WILLIAMF. , P.E. STAFFED BY: CAPITAL PACTS CTS ENGINEER SUBJECT: GARDENIA GARDENS DEVELOPER'S AGREEMENT FINALIZATION, INDIAN RIVER COUNTY PROJECT NO. CDS/CCS 589 BACKGROUND On October 7, 1997 the Indian River County Board of County Commissioners approved a developer's agreement with Gardenia Gardens (See attached agenda item, minutes, and location map). The project is complete and the developer has requested that the County review the final construction costs and consider additional funding since construction costs were higher than the Engineer's estimate. The developer is aware that they proceeded with this construction at the increased project cost at their sole risk and without the County's concurrence. ANALYSIS The original project estimate cost $48,317.00 with the County's participation being $29,625.58. The actual bid prices were as follows: 1) Martin Paving $74,300.00 2) JoBear $84,176.00 3) Blazer $91,183.50 With the low bidder Martin Paving, the County's portion would increase to $46,147.50. The developer's portion increases from.$18,691.43 to $28,152.50 (See November correspondence from Masteller and Moler). For details of the original cost sharing agreement, please refer to Exhibit "A" of the original developer's agreement and agenda item Attached is a summary spreadsheet detailing the original and final proposed cost breakdowns. While the cost is higher than originally approved, the bid prices were all very close, giving an acceptable view of current market conditions. The main cost increase came from the increase in price for the conversion of the 6�' Avenue lift station to a manhole (item 8) and the up grade of the Rax Lift Station (item 7). These two items alone accounted for $11,852.50 of the County's cost increase. The Department of Utility Services will benefit from the work performed and will see a savings on the lift station restoration that was originally estimated at $25,000.00, along with an operational cost savings of $2,500.00fyear with the 6`" Avenue lift station now off- line. Also enclosed is the certification from the Engineer dated April 13, 1998, and the associated invoice from the developer of Gardenia Gardens Vero Beach Elderly Housing Corp. in the amount of $46,147.50. Funding for this project will be from the lift station Renewal and Replacement account. June 9, 1998 84 0 0 92 • • Options: 1) Reimburse developer in the amount of $29,625.58, as per the October 7`', 1997 agreement. 2) Reimburse the developer the increased amount of $46,147.50. RECOMMENDATION While the contract does not specifically bind us to increasing the reimbursement amount over what is in the original agreement, project costs are reflective of the current market. The Department of Utility Services will benefit from the construction which will provide an operational cost savings to the County. With this in mind, the Staff of the Department of Utility Services recommends amending the original developer's agreement to reflect the increase in reimbursement to $46,147.50, as requested. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously amended the developer's agreement to reflect the increase in reimbursement to $46,147.50 as requested, as recommended in the Memorandum. AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED B.C. COMMISSIONER ADAMS - CARSONPLATT ESTATE AND REVIEW OF STATE'S POLICY OF NOT ALLOWING COUNTIES TO HOLD A TITLE INTEREST WHEN PARTICIPATING IN JOINT ENVIRONMENTAL LAND ACQUISITIONS - COMMISSIONER ADAMS TO ATTEND JULY LAMAC MEETING IN TALLAHASSEE (Clerk's Note: This matter came up at the conclusion of the Solid Waste Disposal District Meeting. For purposes of tracking and completeness, the item has been given the designation of 13.C.) Commissioner Adams advised that the following letter dated June 4, 1998, had just been received. June 9, 1998 85 Boor. J06 93 SARAH M. BLEAKLEY WARREN S. BLOOM rREDERICK L. BUSACK HARRY F. CHILES MAUREEN MCCARTHY DAUGHTON VIRGINIA SAUNDERS DELEGAL L THOMAS GIBLIN ERIK P. KIMBALL MARK G. LAWSON AMY E. LETTELLEIR HEATHER J MELOM STEVEN E. MILLER MARK T. MUSTIAN ROBERT L NABORS GEORGE H. NICKERSON. JR. STEN T. SLIDER JOSEPH B. STANTON GREGORY T.STEWART JOHN R. STOKES NABORS. GIBLIN & (VICKERSON. P.A. ATTORNEYS AT LAW SUITE 800 315 SOUTH CALHOUN STREET TALLAHASSEE. FLORIDA 32301 TELEPHONE 18801 224-4070 TELECOPY 18801 224.4073 .::tip r•. .JUN 0 8 1.998 June 4, 1998 800K 106 Mt 94 ITHE POINTE. SUITE 1060/ 230$ ROCKY POINT DRIVE TAMPA. FLORIDA 33607 46131 281.2222 TELECOPY 16131 281.0128 SIGNATURE PLAZA. SUITE 1060 201 SOUTH ORANGE AVENUE ORLANDO. FLORIDA 32801 '4071 4X6.7595 TELECOPY 14071 426-6022 WILLIAM J. ROBERTS Of COUNSEL WILLIAM D. TYLER DISTRIBU'nON LIST MICHAEL L. WATKINS JEAN E. WILSON Commissioners Admini3trator Fran Adams Attarrey County Commission Persai -el Indian River County Pubiic ftnk3 1840 25th Street Ccm tufft Day. Vero Beach, Florida 32960 utiimra Financo Re: Carson Platt Estate OMg E merg. Sam Dear Commissioner Adams: RIX. kIgt. Other ,you will Enclosed is a copy of item 4 from the Board of Trustees, Jun ag note that the Land Acquisition and Management Advisory Council has been asked to review the policy of not allowing counties to hold a title interest when participating in joint acquisitions. It appears that this item will be approved without comment or controversy on June 9. The Lan Acquisition and Management Advisory Council has agendaed this policy for discussion on July 2, 1998. I plan to be there to present the matter to the Council. From my further discussions with Irby Green, Perry Odom, General Counsel and other staff members, we have not discovered any objection to the joint ownership of these properties where counties participate financially. Please call with any questions. June 9, 1998 86 Sincerely, Wiliam J. Roberts Board of Trustees Agenda - June 9, 1998 Page Three Item 4 Carson Platt Estate Acquisition/South Florida Water Management District/ Sebastian Creek CARL Project REQUEST: Authorization to jointly acquire with the South Florida Water Management District 5,361 acres within the Sebastian Creek CARL Project from the Carson Platt Estate. COUNTIES: Brevard and Indian River LOCATION: Section 00, Township 30 South, Range 38 East; Section 00, Township 31 South, Range 37 East; and Sections 06 through 08 and 17 through 20, Township 31 South, Range 38 East CONSIDERATION: $5,013,805.86 (The Board of Trustees' 50 percent share of the total purchase price of $10,027,611.72, to be adjusted upward or downward at the rate of $1,800 per acre for parcel 1 and $1,930.22 per acre for parcel 2, in accordance with the final surveyed acreage) STAFF. REMARKS: The Sebastian Creek CARL project is ranked number 7 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 11, 1997, and qualifies for purchase under the Division of State Lands' Land Acquisition Workplan. The project contains 22,493 acres, of which 16,625 acres have been acquired. After the Board of Trustees approves this agreement, 507 acres or 2 percent of this project will remain to be acquired. On October 25, 1994, the Board of Trustees authorized staff to enter into an acquisition agreement with the St. Johns River Water Management District (District) to acquire the Sebastian Creek CARL project in accordance with section 259.041(16), F.S. (1994) utilizing the procedures set out in section 373.139, F.S., with some technical survey modifications that have been incorporated into the agreement. On November 10. 1994, the Governing Board of the District approved and executed the acquisition agreement and it has been executed by the Director of the Division of State Lands on behalf of the Board of Trustees. On Julv 14. 1995, the Land Acquisition Advisory Council approved the addition of the Carson Platt Estate property to the project boundary. The terms of the acquisition agreement between the District and the Board of Trustees provided for equal participation in the acquisition and ownership of the subject property; however, Indian River County (County) expressed an interest to the District in participating in funding the acquisition. Staff recommends pursuing this purchase as a combination bargain/shared acquisition. Under the current policy on bargain purchases, the Board of Trustees will partner on half of the transaction with the County, with the County contributing 25 percent of the purchase price but not holding any title interest. The other half of the transaction will have the Board of Trustees partnering with the District under the shared criteria, which will have the District contributing 25 percent of the purchase price and holding a 25 percent title interest. Pursuant to the terms of the acquisition agreement, the District contracted to purchase the property at 82 percent of the approved value. The Board of Trustees' purchase price will be 50 percent of the contract price negotiated by the District plus June 9, 1998 87 BOOK '95 BOOK M PAGE 96 50 percent of the costs incurred in the purchase of the property. Title to the property acquired will vest jointly in the Board of Trustees and the District with the Board of Trustees holding a 75 percent interest and the District holding a 25 percent interest. While thb County has agreed to participate in this transaction under the current bargain criteria, it has requested and staff intends to ask the Land Acquisition and Management Advisory Council to review the policy of not allowing counties to hold a title interest when participating in joint acquisitions. As provided for in the acquisition agreement, on March 11, 1998, as amended on May 13, 1998, the Governing Board of the District adopted Resolution No. 98-16, requesting the Board of Trustees' share of the purchase price for the Carson Plan Estate parcel and reimbursement of 50 percent of its closing costs. Pursuant to the acquisition agreement, the Board of Trustees' share of the preacquisition and closing costs will be reimbursed from CARL incidental expense funds. The District's resolution contains all of the assurances required by the acquisition agreement. The Indian River County Commission adopted Resolution No. 98-52 on April 28, 1998, authorizing the County's 25 percent participation in the joint acquisition. The property will be managed jointly by the Division of Marine Resources, as the lead manager, and the District as a part of the St. Sebastian River State Buffer Preserve. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 4, Pages 1-29) RECONEMFM APPROVAL There was a brief discussion on this matter which resulted in the following motion. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Ginn, the Board unanimously requested, authorized, and approved Commissioner Adams to represent the Indian River County Board of County Commissioners at the LAMAC Meeting on July 2, 1998, in Tallahassee. June 9, 1998 88 13.E. COMMISSIONER GINN - CHILDREN'S SERVICES NETWORK The Board reviewed a Memorandum of June 4, 1998: To: County Administrator James Chandler County Commissioners RECEIVE O From: Commissioner Caroline Ginn JUN - 4 1998 Date: June 4, 1998 CLERK TO THE BOARD Subject: Childrens' Services Network When the Childrens' Services Network Ordinance was adopted by the Board of County Commissioners on May 13, 1997, it was expected that the guidelines put in place by the Childrens' Services Network Guide would be followed. In actual practice, the CSNetwork Guide has been ignored and the Childrens' Services Network has proceeded as if the Guide did not exist. An April 27, 1998 memo (attachment B) from Assistant County Attorney, Terrence O'Brien calling attention to these. deficiencies, has also been ignored. The procedures as specified in Chapter 111- Needs Assessmen4 Priorities & Planning of the Guide, (Attachment A) contain safeguards to protect the public purse. The following sequential steps are to be followed: 1. A Needs Assessment will determine the identification of unmet and undermet needs. 2. Asset Mapping will identify programs, services and activities currently in Place in the county. 3. A PRIORITY LIST is to be established based on the results of the Needs Assessment . 4. RFPs (Requests for Proposals) are to be INITIATED based upon the recommended priority listing 5. A CHILDRENS' SERVICES PLAN is to be developed. THE PLAN IS TO INCLUDE: *An Executive Summary with results of the Needs Assessment, PRIORITIZED NEEDS and recommended programs to meet those needs WITH A THREE-YEAR STRATEGIC PLAN and a ONE YEAR OPERATING PLAN. THE CURRENT SITUATION: *Needs Assessment data is presently being analyzed under a contract with consultants Hershberg/ Salter. The School District has provided funding through a SSN (Shared Services Network) grant from the Department of Education. Results of the study are due in MID- JUNE. June 9, 1998 :t mox push 97 WK too KE *An RFP (Request for Proposal) (Attachment C) was placed on the Board of County Commissioners Consent Agenda, March 24, 1998. The RFP contained five objectives whose development and basis are unknown. There was no reference to documentation which could be found in a Needs Assesment, Asset Mapping or priority list - obviously because none existed at that time nor exists as this memo is written. Much time has been spent by the CSNetwork Grant Review Committee Interviewing those agencies who responded to the RFP, and yet there has been no established data to suggest these agencies represent any unmet or undermet need. I would suggest that the principles established under the Guide are necessary to protect the public's interest and to restrain special Interests. Therefore, it is imperative that Guide be followed. It is essential that the County makes every effort to safeguard this THE INITIAL EFFORT of the CSNetwork if the Network is to gain and maintain its credibility. Proceeding along the present path will result in loss of public and agency confidence. It is my recommendation that a new RFP be initiated AFTER THE HERSHBERG/SALTER ANALYSIS IS AVAILABLE AND A PRIORITY LIST HAS BEEN ESTABLISHED. Until the county has followed the steps as presented in the Ordinance and Guide, there can be no assurance of public money being spent on verifiable needs. Commissioner Ginn asked why the CSN guide was not followed in their recent meetings. Vice Chairman Macht responded that the reason was the inability of developing the needs assessment to its full maturity in the limited time as the budget review period was quickly approaching. He had come to the Board and asked for some tolerance in developing priorities with the information on hand, that is, the raw data, tempered with experience in the community. The CSN has been very fortunate to have that experience. The need is so great in our community for people who have suffered the breakdown of family and economics' impact. In listening to the applications, family breakdown has generated the greatest majority of ills on the children. There is no doubt. that a substantial amount of good could be done now with the benefit of County funding. He felt very comfortable in the recommendations coming back from the CSN, which will be refined. Next year, with the aid of Dr. Herschberg's report, he has every hope that they are refined to the degree that he believes will satisfy everyone. In the meantime, it is necessary to get started and attend to the needs out there of children who are at the mercy of dysfunctional families and predators in their neighborhoods. He felt it was government's responsibility to act in concert with private caregivers to do what we can in the name of humanity. June 9, 1998 .O 0 0 Commissioner Ginn once again emphasized her point that the guide should have been followed, speaking in the name of the taxpayers. She found it difficult to understand why the safeguards in the guide have not been followed in this year's decision-making process. There had been a memorandum from the County Attorney that this would be problematic without response. She felt that some of the applicants did not qualify under children's programs. It seemed to her that we have not discovered what the under -met and unmet needs are and that the County will be appropriating money to organizations already operating. To her, there were many unknowns. She also complained that she had not received any Minutes of the most recent CSN meetings although she understood the secretarial crunch. She did not fault the members of the Network and felt they had not had the proper information upon which to act. Commissioner Ginn recommended that there be no dollars allocated to agencies through the CSN for FY 1998-99, that those who have applied for County funding in the past may do so again at budget time, but no new agencies will be considered for funding over the next fiscal year, and that any dollars budgeted be charged against the allocation of the $300,000 for FY 1998-99. It should be set up correctly, so that the public's interest is protected and special interests are restrained. Commissioner Ginn felt the report of Mr. Herschberg was confusing and described it as very difficult to understand. He had problems with the raw data and cannot seem to come to any conclusions which mean anything. It is a lot of guess -work and she thought the taxpayers would not stand for guess -work. Commissioner Eggert stated that she has supported the CSN from the beginning. It has become somewhat awkward by suggesting that they go ahead with the requests for proposals. In speaking with people at Community Health Network who were involved in the CSN initially, she learned that they are concerned with the procedure. She also was concerned with the procedure. She stated she agreed with much of what Commissioner Ginn said, however, she had great confidence in Joyce Johnston. She inquired how much additional time Mr. Herschberg has requested. Vice Chairman Macht responded that Augustl2th is the deadline for the asset mapping (which is his last task). Commissioner Eggert stressed that date was still within our public hearing process period for the budget. She felt that having said to go forward with the RFP that the Board has set something in motion which is next to impossible to stop at this point. She did not June 9, 1998 91 BOOK PAGE 99 BOOK 106 PAGE 6O agree that we do not know what the needs are in the community. She would love to see a well-done asset mapping. She felt that they should proceed with extraordinary care. Debate continued at length between Commissioner Ginn and Vice Chairman Macht. Commissioner Adams thought the Board had to remember that we have a committee charged with the responsibility to bring back recommendations to the Board of County Commissioners. Regardless, the time to address it is when they bring it back to the Board and we should not intervene in the budget process underway. Each committee has their tasks and we may or may not agree with their recommendations. She suggested that Commissioner Ginn let the process move forward and deal with problems when the committee brings their recommendations to them. She thought that was the time to do it, that now was not the appropriate time. Commissioner Ginn still did not agree. She felt that her greatest fears have been realized. Chairman Tippin ruled that there would be no public discussion on this item. NO ACTION TAKEN. 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment of the meeting the Board would reconvene sitting as the Board of Commissioners for the Emergency Services District. Those Minutes are being prepared separately. U.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Emergency Services District meeting the Board would reconvene sitting as the Board of Commissioners for the Solid Waste Disposal District Those Minutes are being prepared separately. June 9, 1998 92 There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 11:25 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved d'/�& June 9, 1998 93 %John W. Ti' ppin, Chauman BOOK 106 PAGE D