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HomeMy WebLinkAbout7/7/1998i MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, JULY 7,1998 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 John W. Tippin, Chairman (District 4) Kenneth R Macht, Vice Chairman (District 3) Fran B. Adams (District 1) Carolyn K. Eggert (District 2) Caroline D. Ginn (District 5) 9:00 a.m. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board BACKUP 2. INVOCATION Pastor Jack Hart, New Hope Ministries PAGES 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item S, Presentation to Commissioner Adams of photograph as "Queen of Swamp Buggies^. 2. Add Item I IX, 1999-99 Budget Hearing Dates. 3. Add Item 13.B., Florida Intermodal Transportation Summit report and nomination to the Govemor's Freight Task Fonio. 4. Add Item 13.C, rand Acquisition and Management Advisory Committee meeting report regarding the CounWs desire for shared title to environmental land acquisitions. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of June 9, 1998 B. Regular Meeting of June 16, 1998 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated June 18, 1998) 1-8 B. Consideration of Consultant Rankings for I-95 / Oslo Rd. Interchange Justification Report Project (memorandum dated June 29, 1998) 9-10 C. Laurel Homes Inc.'s Request for Final Plat Approval for a Single Family Subdivision to be Known as Phases 3 & 4 of The Laurels S/D (memorandum dated June 30,1998) 11-19 D. Consultant Selection Beach Preservation Plan - Economic Analysis (memorandum dated June 25, 1998) 20-30 9:05 A.M. C.0 C, F, AG rnUL 1,9 BACKUP 7. CONSENT AGENDA (cont'd.): PAGES E. Sandridge Golf Course Monitoring Professional Services / Release of Retainage (memorandum dated June 22, 1998) 31-32 F. Payments to Vendors of Court Related Costs (memorandum dated June 19, 1998) 33 G. Special Law Enforcement Trust Fund, Fund 112 (memorandum dated June 30, 1998) 34 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS Hale Indian River Groves, Inc., Request to Amend The Comprehensive Plan to Redesignate f2.7 Acres from C/I to L-2, and to Rezone those f2.7 Acres from CL to RM -6; to Amend the Comprehensive Plan to Redesignate f2.7 Acres from L-2 to C/I, and to Rezone those f2.7 Acres from RM -6 to CG; and to Rezone f2.1 Acres from CL to CG (memorandum dated June 24, 1998) 35-57 B. PUBLIC DISCUSSION ITEMS Request from Glenn Legwen to Discuss Children Services Network Budgeting Process (letter dated June 15, 1998) 58-66 C. PUBLIC NOTICE ITEMS Public Hearings for July 14, 1998: (1) Request by Robert Cook for special exception use approval for an agricultural business to be located on the north side of 26th St., approx. 1/4 mile west of 74th Ave. (2) Request to approve purchase of the Spallone/ Archie Carr LAAC site (memorandum dated June 30, 1998) 67 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Board Approval of Contract with Smith Environmental Services, Inc., for Development of a Sebastian Area - Wide Scrub Jay Habitat Conservation Plan (HCP) (memorandum dated June 30, 1998) 68-85 0 - 0 - BACKUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES B. Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works Purchase of Replacement Vehicle for Engineering Division - (memorandum dated June 24, 1998) 86-88 H. Utilities West Meadows Water Services, 45th Avenue and 45th Court, North of 4th St., Resolution IV, Final Assessment (memorandum dated June 10, 1998) 89-105 12. COUNTY ATTORNEY Resolution Appointing Value Adjustment Board Members and Providing for Per Diem Compensation for Value Adjust- ment Board Members (memorandum dated June 23, 1998) 106-108 13. COMMISSIONERS ITEMS A. Chairman John W. Ti nnin B. Vice Chairman Kenneth R. Macht C. Commissioner Fran B. Adams D. Commissioner Carolyn K. Eggert 100K 106 FnE l"03 r EODK U FADE 13. COMMISSIONERS ITEMS (cont'd i• BACKUP PAGES E. Commissioner Caroline D. Ginn 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance 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 • is INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS JULY 7, 1998 1. CALL TO ORDER .............................................. -1- 2. INVOCATION .................................................. 1- 3. PLEDGE OF ALLEGIANCE ...................................... .1- 4. ADDITIONS TO THE AGENDA ................................... 1- 5. PROCLAMATIONS AND PRESENTATIONS ........................ .2 - PRESENTATION TO COMMISSIONER ADAMS OF PHOTOGRAPH AS "QUEEN OF SWAMP BUGGIES".................................................2- 6. APPROVAL OF MINUTES ........................................ 2- 7. CONSENT AGENDA ............................................ 3- 7.A. List of Warrants ............................................ 3- 7.B. I-95/Oslo Road Interchange Justification Report Project - Consideration of - Consultant Rankings - Reynolds, Smith & Hills .................... 8- 7.C. Laurel Homes, Inc. - Final Plat Approval for Single Family Subdivision to be Known as Phases 3 & 4 of The Laurels Subdivision ............. .9- 7.D. Beach Preservation Plan - Economic Analysis - Consultant Selection - Applied Technology & Management ......................... .11- 7.E. Sandridge Golf Course - Monitoring Professional Services - Release of Retainage - Kimley-Horn ................................... .12- 7.F. Payments to Vendors of Court Related Costs .................... .13- 7.G. Sheriff - Special Law Enforcement Trust Fund - Fund 112 ......... .14 - JULY 7, 1998FA_r " EOK s"", 9.A. PUBLIC HEARING - ORDINANCES 98-17 AND 98-18 - HALE INDIAN RIVER GROVES, INC. - AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE f2.7 ACRES FROM C/I TO L-2 AND TO REZONE THOSE X2.7 ACRES FROM CL TO RM -6 - AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE f2.7 ACRES FROM L-2 TO C/I AND TO REZONE THOSE ±2.7 ACRES FROM RM -6 TO CG AND TO REZONE f2.1 ACRES FROMCL TO CG ............................................. .15- 9.B. PUBLIC DISCUSSION ITEM - GLENN LEGWEN - CHILDREN'S SERVICES NETWORK BUDGETING PROCESS ............................. .32- 9.C. PUBLIC NOTICE ITEMS .................................... ..40- 9.C.1. Robert Cook - Request for Special Exception Use Approval for Agricultural Business to be Located on the North Side of 26* Street, Approximately 1/4 mile West of 74' Avenue .................................. -40- 9.C.2. Spallone/Archie Carr LAAC Site - Request to Approve Purchase .... -40- 1 LA. SEBASTIAN AREA -WIDE SCRUB JAY HABITAT CONSERVATION PLAN (HCP) - CONTRACT FOR DEVELOPMENT WITH SMITH ENVIRONMENTAL SERVICES, INC . ............................ .42- 1 LE. 1998-99 BUDGET HEARING DATES RESCHEDULED ............... .44- 11.G. REPLACEMENT VEHICLE FOR ENGINEERING DIVISION OF PUBLIC WORKS DEPARTMENT - VERO LINCOLN -MERCURY - 1998 JEEP CHEROKEE ................................................. .45- 1 LH. RESOLUTION 98-70 - FINAL ASSESSMENT - WEST MEADOWS WATER SERVICES - 45TH AVENUE AND 45TH COURT - NORTH OF 4TH STREET -46- 12. RESOLUTION 98-71 - APPOINTING 1998 VALUE ADJUSTMENT BOARD (VAB) MEMBERS AND PROVIDING FOR PER DIEM COMPENSATION -52- JULY 79 1998 B.B. FLORIDA INTERMODAL TRANSPORTATION SUMMIT REPORT AND NOMINATION TO THE GOVERNOR'S FREIGHT TASK FORCE ...... .54- B.C. LAND ACQUISITION AND MANAGEMENT ADVISORY COMMITTEE MEETING REPORT REGARDING THE COUNTY'S DESIRE FOR SHARED TITLE TO ENVIRONMENTAL LAND ACQUISITIONS .............. .55 - JULY 79 1998 -3- �''�,,� �1 PnE 1:97 I July 7, 1998 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25t` Street, Vero Beach, Florida, on Tuesday, July 7, 1998, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Caroline D. Ginn. Also present were James E. Chandler, County Administrator; William G. Collins, II, Deputy County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Tippin called the meeting to order. 2. INVOCATION Commissioner Caroline Ginn delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Tippin led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Tippin requested two additions to today's Agenda: 1. Item 5, Presentation to Commissioner Adams of photograph as "Queen of Swamp Buggies". 2. Item I LE., 1998-99 Budget Hearing Dates. Commissioner Macht requested the addition of Item 13.B., Florida Intermodal Transportation Summit report and nomination to the Governor's Freight Task Force. JULY 79 1998 r, � 0 0 K 10 D"i- iQj9 Commissioner Adams requested the addition of Item 13.C., Land Acquisition and Management Advisory Committee meeting report regarding the County's desire for shared title to environmental land acquisitions. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously added the above items to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS PRESENTATION TO COMMISSIONERADAMSOFPHOTOGRAPHAS "QUEEN OF SWAMPBUGGIES" Chairman Tippin stated that he had attended the groundbreaking ceremony for Mesa Park last weekend while Commissioner Adams was fighting the County's battles in Tallahassee. Jeff Parsons, President of Mesa Park, asked him to make a presentation to Commissioner Adams of a beautiful color picture of her in a swamp buggy, proclaiming her "Queen of Swamp Buggies". Commissioner Adams thanked Chairman Tippin for the "dubious" distinction. 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meetings of June 9, 1998 and June 16, 1998. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved the Minutes of the Regular Meetings of June 9, 1998 and June 16, 1998, as written. JULY 79 1998 40 0 0 7. CONSENT AGENDA 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of June 18, 1998: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: JUNE 18, 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 Junell to June 18. 1998. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from June 11, 1998 through June 18, 1998, as recommended by staff. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019455 WILLIAMS, TOBIAS M 1998-06-11 401.00 0019456 AMERICAN DENTAL PLAN (FLORIDA) 1998-06-17 1,921.18 0239081 CONVENTION HOUSING BUREAU# THE 1998-03-19 .00 0241099 POSTMASTER 1998-04-23 .00 0241202 ZIMMERMANN, KARL 1998-04-23 .00 0242555 BROWN, CHARLES Y & EDITH M 1998-05-21 .00 0243006 BECHT, TONYA AND CITY OF VERO 1998 -OS -21 .00 0243130 WILLIAMS, TOBIAS M 1998-05-21 .00 0243176 BILLING SERVICES INC 1998 -OS -28 .00 0243289 INDIAN RIVER COUNTY 1998-05-28 .00 0243295 KNIGHT & MATHIS, INC 1998-05-28 .00 0243783 DOCTORS' CLINIC 1998-06-11 .00 0243982 A A FIRE EQUIPMENT, INC 1998-06-18 54.00 0243983 ACE PLUMBING, INC 1998-06-18 120.00 0243984 ACTION TRANSMISSION AND 1998-06-18 180.00 0243985 AERO PRODUCTS CORPORATION 1998-06-18 1,561.62 0243986 ALPHA ACE HARDWARE 1998-06-18 6.50 0243987 AMERICAN BUSINESS INTERIORS 1998-06-18 46.62 0243988 APPLE INDUSTRIAL SUPPLY CO 1998-06-18 388.05 0243989 APPLE MACHINE & SUPPLY CO 1998-06-18 380.85 0243990 AT YOUR SERVICE 1998-06-18 1,911.20 0243991 ATCO TOOL SUPPLY 1998-06-18 153.30 0243992 AUTO SUPPLY CO OF VERO BEACH, 1998-06-18 335.27 0243993 ABS PUMPS, INC 1998-06-18 19,200.26 JULY 79 1998 I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0243994 ALL POWER SERVICES, INC 1998-06-18 333.50 0243995 ALPHA HEALTH SERVICE, INC 1998-06-18 2,059.23 0243996 ADDISON OIL CO 1998-06-18 48.38 0243997 A T & T WIRELESS SERVICES 1998-06-18 89.32 0243998 ALBIN, DIANE 1998-06-18 92.72 0243999 A T & T 1998-06-18 76.01 0244000 ATLANTIC COASTAL TITLE CORP 1998-06-18 124.00 0244001 ANIMAL MEDICAL CLINIC 1998-06-18 40.00 0244002 ALL COUNTY EQUIPMENT COMPANY 1998-06-18 303.87 0244003 ALBERTSON'S PHARMACY 1998-06-18 181.18 0244004 AUTO PARTS OF VERO, INC 1998-06-18 871.62 0244005 AVATAR UTILITY SERVICES, INC 1998-06-18 10,925.71 0244006 ARAMARK UNIFORM SERVICES 1998-06-18 213.50 0244007 APPERSON CHEMICALS,INC 1998-06-18 6,629.65 0244008 ALTERATIONS 1998-06-18 32.50 0244009 ALL AMERICAN CONCRETE 1998-06-18 29,764.52 0244010 ANCHOR AUDIO, INC 1998-06-18 181.72 0244011 BAIRD, JOSEPH A 1998-06-18 373.00 0244012 BAKER DISTRIBUTING CO 1998-06-18 68.09 0244013 BOARD OF COUNTY COMMISSIONERS 1998-06-18 6,898.57 0244014 BECHT, TONYA AND CITY OF VERO 1998-06-18 70.00 0244015 BLACRHAWR QUARRY COMPANY 1998-06-18 164.48 0244016 BOOK CENTER OF VERO BEACH 1998-06-18 184.95 0244017 BELLSOUTH MOBILITY 1998-06-18 34.26 0244018 BARTON, JEFFREY K -CLERK 1998-06-18 3,515.25 0244019 BERGGREN EQUIPMENT CO, INC 1998-06-18 180.81 0244020 B & B INDUSTRIAL SUPPLY CO. 1998-06-18 2,304.59 0244021 BOYNTON PUMP & IRRIGATION 1998-06-18 120.76 0244022 BAKER & TAYLOR ENTERTAINMENT 1998-06-18 85.04 0244023 BELLSOUTH 1998-06-18 3,103.90 0244024 BAKER & TAYLOR INC 1998-06-18 288.09 0244025 BRITTO, CAROLE M. 1998-06-18 500.00 0244026 BELLSOUTH 1998-06-18 334.33 0244027 CAMERON & BARKLEY COMPANY 1998-06-18 364.80 0244028 CAMP, DRESSER & MCKEE, INC 1996-06-18 13,340.00 0244029 CARTER ASSOCIATES, INC 1998-06-18 356.25 0244030 CARTER, MARVIN 1998-06-18 62.06 0244031 CLEMENTS PEST CONTROL 1998-06-18 443.00 0244032 COASTAL GRAPHICS 1998-06-18 244.00 0244033 COLD AIR DISTRIBUTORS 1998-06-18 745.75 0244034 COLKITT SHEET METAL & AIR, INC 1998-06-18 47.00 0244035 COMMUNICATIONS INT'L INC 1998-06-18 1,710.00 0244036 CHAMBER OF COMMERCE 1998-06-18 25,510.21 0244037 CLINIC PHARMACY 1998-06-18 307.76 0244038 CARDINAL ROOFING & SIDING, INC 1998-06-18 30.00 0244039 CITGO PETROLEUM CORP 1998-06-18 2,422.19 0244040 CLIFF BERRY ENVIRONMENTAL 1998-06-18 260.00 0244041 COOGAN, MAUREEN 1998-06-18 387.28 0244042 CALL ONE, INC 1998-06-18 23.14 0244043 CROSSROADS ANIMAL HOSPITAL 1998-06-18 91.00 0244044 CALCIQUEST, INC 1998-06-18 15,740.54 0244045 CARSON, ERIC 1998-06-18 10.00 0244046 CENTRAL PUMP & SUPPLY INC 1998-06-18 22.22 0244047 CENTER FOR EMOTIONAL AND 1998-06-18 342.00 0244048 CONSOLIDATED RESOURCE RECOVERY 1998-06-18 35,989.96 0244049 CUSTOM TRAILER, INC 1998-06-18 2,530.00 0244050 SUSAN DIAL 1998-06-18 1.00 0244051 C B C PRINTING 1998-06-18 2,661.38 0244052 CENTRAL AIR CONDITIONING & 1998-06-18 36.08 0244053 DELTA SUPPLY CO 1998-06-18 468.74 0244054 DEMCO INC 1998-06-18 29.38 0244055 DEPENDABLE DODGE, INC 1998-06-18 187.50 0244056 DICKERSON-FLORIDA, INC 1998-06-18 147,264.61 0244057 DON SMITH'S PAINT STORE, INC 1996-06-18 207.76 0244058 DATA SUPPLIES, INC 1998-06-18 3,789.20 0244059 DAVIDSON TITLES, INC 1996-06-18 293.18 0244060 DATA FLOW SYSTEMS, INC 1998-06-18 4,222.57 0244061 DRIVEWAYS INC 1998-06-18 7,096.23 0244062 DRUM, TERRY 1998-06-18 73.39 0244063' DELRAY STAKES & SHAVINGS INC 1998-06-18 330.00 0244064 DUNKELBERGER ENGINEERING & 1998-06-18 6,118.75 0244065 DEPARTMENT OF ENVIRONMENTAL 1998-06-18 125.00 0244066 DADE PAPER COMPANY 1998-06-18 379.90 0244067 DAVID BROOKER PROMOTIONS 1998-06-18 - 52.36 0244068 DATABASE TECHNOLOGIES INC 1998-06-18 35.00 0244069 DOCTORS' CLINIC 1998-06-18 681.90 0244070 ERRETT, NANCY 1998-06-18 137.52 0244071 ESSCO SUBSCRIPTION SERVICES 1998-06-18 4.22 JULY 79 1998 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0244072 EMERGENCY MEDICINE ASSOCIATES 1998-06-18 195.00 0244073 EXPEDITER INC, THE 1998-06-18 73.96 0244074 ERICSSON, INC 1998-06-18 1,143.44 0244075 E. O. KOCH CONSTRUCTION 1998-06-18 500.00 0244076 FEDERAL EXPRESS CORP 1998-06-18 74.75 0244077 FLORIDA POWER & LIGHT COMPANY 1998-06-18 26,910.40 0244078 FLORIDA TREND 1998-06-18 14.98 0244079 FRASER ENGINEERING & TESTING 1998-06-18 745.00 0244080 FIRST UNION NATIONAL BANK = 1998-06-18 1,400.00 024408f FALCON CABLE TV 1998-06-18 25.10 0244082 FLORIDA MUNICIPAL INSURANCE 1998-06-18 64,643.00 0244083 FLORIDA MEDICAID COUNTY 1998-06-18 51,280.23 0244084 FACTS ON FILE 1998-06-18 34.03 0244085 FAPPO, INC 1998-06-18 60.00 0244086 GLIDDEN COMPANY, THE 1998-06-18 111.66 0244087 GREYHOUND LINES, INC. 1998-06-18 400.00 0244088 GOODYEAR AUTO SERVICE CENTER 1998-06-18 1,755.96 0244089 GLOBAL COMPUTER SUPPLIES 1998-06-18 108.97 0244090 GALE RESEARCH, INC 1998-06-18 528.06 0244091 GOODYEAR COMMERCIAL TIRE & 1998-06-18 204.68 0244092 GEAC COMPUTERS INC 1998-06-18 2,424.00 0244093 GRILL REFILL, INC 1998-06-18 69.00 0244094 GE CAPITAL IT SOLUTIONS 1998-06-18 2,941.32 0244095 GRA, GRAND HARBOR INC 1998-06-18 32,968.00 0244096 GILLIS, BRIAN K 1998-06-18 4,327.50 0244097 GARDE, JOHN 1998-06-18 50.00 0244098 GREENHAVEN PRESS INC 1998-06-18 89,70 0244099 HARRIS SANITATION, INC 1998-06-18 183.10 0244100 HIGHSMITH, INC 1998-06-18 477.17 0244101 HORNUNG'S PRO GOLF SALES, INC 1998-06-18 586.08 0244102 HUMANE SOCIETY OF VERO BEACH 1998-06-18 18,240.00 0244103 HOLIDAY BUILDERS, INC 1998-06-18 500.00 0244104 HEDIN, KARL D 1998-06-18 250.00 0244105 HARRISON COMPANY PUBLISHERS 1998-06-18 87,70 0244106 HACH COMPANY 1998-06-18 17.25 0244107 HARRIS SANITATION, INC 1998-06-18 47,512.85 0244108 HTE, INC 1998-06-18 322.46 0244109 HIGHLANDS ANIMAL HOSPITAL 1998-06-18 80.50 0244110 HOMETOWN PET CARE CENTER 1998-06-18 68.00 0244111 HASSEY, WALTER 1998-06-18 30.00 0244112 HOLIDAY INN SUNSPREE RESORT 1998-06-18 162.00 0244113 HOLIDAY INN BEACHSIDE RESORT 1998-06-18 360.00 0244114 HOMELAND IRRIGATION CENTER 1998-06-18 952.64 0244115 HYDRO -AIR SYSTEMS 1998-06-18 169.70 0244116 INDIAN RIVER COUNTY SOLID 1998-06-18 6,275.73 0244117 INDIAN RIVER COUNTY HEALTH 1998-06-18 156.00 0244118 INDIAN RIVER COUNTY 1998-06-18 200.00 0244119 INDIAN RIVER BATTERY, INC 1998-06-18 2,201.65 0244120 INDIAN RIVER BLUE PRINT, INC 1998-06-18 374.21 0244121 INDIAN RIVER COUNTY UTILITY 1998-06-18 673.45 0244122 INDIAN RIVER OXYGEN, INC 1998-06-18 480.25 0244123 INGRAM 1998-06-18 513.10 0244124 INTERSTATE BILLING SERVICE 1998-06-18 1,222.70 0244125 INDIAN RIVER COUNTY 1998-06-18 129.10 0244126 INSURANCE SERVICING & 1998-06-18 275.00 0244127 IRVINE MECHANICAL, INC 1998-06-18 583.17 0244128 IBM CORPORATION 1998-06-18 46.00 0244129 INDIAN RIVER ALL -FAB, INC 1998-06-18 650.00 0244130 INDIAN RIVER COUNTY 1998-06-18 121.13 0244131 INDIAN RIVER CREMATIONS INC 1998-06-18 612.00 0244132 IBM CORPORATION 1998-06-18 490.00 0244133 J C PENNEY 1998-06-18 95.00 0244134 JACOBS ELECTRIC MOTOR REPAIR 1998-06-18 214.50 0244135 JIM WRIGHT CONSTRUCTION 1998-06-18 19,620.00 0244136 JORDAN, ELIZABETH M 1998-06-18 137.15 0244137 J A A F SUMMER CONFERENCE 1998-06-18 100.00 0244138 JONES, DAVID M 1998-06-18 4,320.00 0244139 K MART 1998-06-18 177.33 0244140 KANAREK, PAUL B 1998-06-18 190.00 0244141 KIMLEY-HORN & ASSOCIATES, INC 1998-06-18 8,933.27 0244142 KING, JOHN W 1998-06-18 644.52 0244143 KNIGHT & MATHIS, INC 1998-06-18 836.78 0244144 K & S RIP RAP SERVICES 1998-06-18 3,080.00 0244145 KELLY TRACTOR CO 1998-06-18 893.22 0244146 KANO LABORATORIES, INC 1998-06-18 60.06 0244147 K S M ENGINEERING & TESTING 1998-06-18 11500.00 0244148 KIRBY AUTO SUPPLY FT PIERCE 1998-06-18 2,395.08 0244149 KT MOWER & EQUIPMENT 1998-06-18 165.86 0244150 KLINK, RICHARD 1998-06-18 1,254.00 0244151 K'S COMMERCIAL CLEANING 1998-06-18 320.00 0244152 LUCAS WATERPROOFING CO, INC 1998-06-18 990.00 0244153 L B SMITH, INC 1998-06-18 182.51 0244154 LOPRESTI, ETTA 1998-06-18 66.00 0244155 LANGSTON, HESS, BOLTON,ZNOSKO 1998-06-18 882.57 JULY 79 1998 • _5_ f 00 i �i) FAIj JULY 79 1998 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0244156 MAXWELL PLUMBING, INC 1998-06-18 304.20 0244157 MICKLER'S FLORIDIANA, INC 1998-06-18 5.40 0244158 MID COAST TIRE SERVICE, INC 1998-06-18 223.90 0244159 MIRES GARAGE 1998-06-18 185.00 0244160 MORGAN AND EKLUND 1998-06-18 3,570.75 0244161 MARTIN FENCE CO 1998-06-18 5,101.00 0244162 3M CUSTOMER SERVICE 1998-06-18 1,253.00 0244163 MR BOB PORTABLE TOILET 1998-06-18 103.80 0244164 MARC INDUSTRIES 1998-06-18 21.02 0244165 MAX DAVIS ASSOCIATES INC 1998-06-18 172.40 0244166 MONIZ, DAVID J 1998-06-18 15.00 0244167 MARTIN, MARTY 1998-06-18 223.91 0244168 NOLTE, DAVID C 1998-06-18 450.00 0244169 NEFF MACHINERY, INC 1998-06-18 123.99 0244170 NORTH SOUTH SUPPLY 1998-06-18 838.43 0244171 NATIONAL PROPANE CORP 1998-06-18 168.47 0244172 NATIONAL BAG COMPANY, INC 1998-06-18 531.32 0244173 OFFICE PRODUCTS & SERVICE 1998-06-18 1,287.74 0244174 OFFICE DEPOT, INC 1998-06-18 5,837.38 0244175 OSCEOLA PHARMACY 1998-06-18 168.07 0244176 OBLER, JOHN 1998-06-18 63.75 0244177 OAK POINT DEVELOPMENT GROUP 1998-06-18 14,520.00 0244178 OLSSON, JAY E D.O 1998-06-18 500.00 0244179 PAN AMERICAN ENG CO 1998-06-18 240.00 0244180 PEACE RIVER ELECTRIC 1998-06-18 41.56 0244181 PUBLIC DEFENDER 1998-06-18 4,877.97 0244182 PROCTOR CONSTRUCTION 1998-06-18 2,000.00 0244183 PINKERTON, DOREEN A 1998-06-18 114.50 0244184 POSTMASTER 1998-06-18 10,000.00 0244185 PORT PETROLEUM, INC 1998-06-18 649.77 0244186 PRESS JOURNAL 1998-06-18 107.88 0244187 PAGE, LIVINGSTON 1998-06-18 45.50 0244188 PAGENET OF FLORIDA 1998-06-18 229.29 0244189 PIONEER METALS, INC 1998-06-18 771.00 0244190 PRESS JOURNAL - SUBSCRIPTION 1998-06-18 117.00 0244191 PRESS JOURNAL/STUART NEWS 1998-06-18 1,584.96 0244192 PRAXAIR DISTRIBUTION 1998-06-18 493.60 0244193 PRESS JOURNAL 1998-06-18 45.00 0244194 PECORARO, SALVATORE 1998-06-18 48.00 0244195 PILOT EQUIPMENT CO 1998-06-18 28.11 0244196 PALM PETERBUILT 1998-06-18 57.39 0244197 PRESERVATION RESOURCES 1998-06-18 665.50 0244198 RADIO SHACK ACCT RECEIVABLE 1998-06-18 604.78 0244199 RUSSELL CONCRETE, INC 1998-06-18 3,156.70 0244200 ROBINSON EQUIPMENT COMPANY,INC 1998-06-18 369.69 0244201 R & G SOD FARMS 1998-06-18- 180.00 0244202 RUBBER STAMP EXPRESS & MORE 1998-06-18 306.90 0244203 RUBBER & ACCESSORIES, INC 1998-06-18 445.06 0244204 RCL DEVELOPMENT 1998-06-18 500.00 0244205 RSR WHOLESALE SOUTH, INC 1998-06-18 4,232.97 0244206 ROCKS, KENNETH & MARGARET 1998-06-18 2,236.85 0244207 SCOTTY'S, INC 1998-06-18 750.37 0244208 SEBASTIAN SUN 1998-06-18 742.50 0244209 SOUTHERN CULVERT, DIV OF 1998-06-18 1,011.85 0244210 SOUTHERN ELECTRIC SUPPLY 1998-06-18 405.75 0244211 SOUTHSIDE ANIMAL HOSPITAL 1998-06-18 349.70 0244212 SUN COAST WELDING SUPPLIES INC 1998-06-18 89.13 0244213 SUNRISE FORD TRACTOR CO 1998-06-18 59.86 0244214 SUNSHINE PHYSICAL THERAPY 1998-06-18 45.00 0244215 ST LUCIE PAPER & PACKAGING,INC 1998-06-18 593.04 0244216 SERVICE REFRIGERATION CO, INC 1998-06-18 96.50 0244217 SHERWOOD, FRANCES G 1998-06-18 89.61 0244218 SCHOMMER, ALAN R 1998-06-18 500.00 0244219 SCHOOL DISTRICT OF IRC 1998-06-18 1,385.77 0244220 SAFETY EQUIP COMPANY 1998-06-18 5,499.65 0244221 SEXTON, HILDY 1998-06-18 80.00 0244222 SOFTWARE CITY 1998-06-18 95.00 0244223 STEWART MINING INDUSTRIES INC 1998-06-18 17,140.56 0244224 SEBASTIAN, CITY OF 1998-06-18 7,639.69 0244225 SOUTHEAST LIBRARY BINDERY,INC 1998-06-18 50.75 0244226 SOUTHERN LOCK AND SUPPLY CO 1998-06-18 34.91 0244227 SCHOOL DISTRICT OF IRC 1998-06-18 1,264.94 0244228 TREASURE COAST REFUSE CORP 1998-06-18 31,619.02 0244229 TINDALE OLIVER & ASSOC., INC 1998-06-18 2,939.69 0244230 TREASURE COAST CONTRACTING,INC 1998-06-18 20,097.00 0244231 TCI MEDIA SERVICES 1998-06-18 50.00 0244232 TRUGREEN CHEMLAWN 1998-06-18 _ 48.00 0244233 TRAX INC 1998-06-18 1,449.01 0244234 TALBOT, RITA 1998-06-18 180.00 0244235 TENNEYSON, HELEN 1998-06-18 1,417.00 0244236 TED ANDERSEN MASONRY 1998-06-18 3,800.00 0244237 UNIVERSITY PRESS OF FLA 1998-06-18 93.00 0244238 US FILTER DISTRIBUTION GROUP 1998-06-18 6,004.06 JULY 79 1998 • JULY 79 1998 -7- 966,633.92 0 CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 0244239 VELDE FORD, INC = 1998-06-18 1,619.40 0244240 'AERO BEACH, CITY OF _ 1998-06-18 46.25 0244241 VERO CHEMICAL DISTRIBUTORS,INC 1998-06-18 77.10 0244242 VERO BEACH, CITY OF 1998-06-18 735.25 0244243 VERO BEACH POLICE DEPARTMENT 1998-06-18 25.00 0244244 VERO BEACH POWERTRAIN 1998-06-18 12.78 0244245 VOLUNTEER ACTION COMMITTEE 1998-06-18 25.00 0244246 VANTAGE EQUIPMENT CO 1998-06-18 274.80 0244247 WILSON'S PETROLEUM EQUIPMENT, 1998-06-18 110.00 0244248 W W GRAINGER, INC 1998-06-18 324.34 0244249 WQOL FM 1998-06-18 280.00 0244250 WAL-MART PHARMACY, INC 1998-06-18 89.46 0244251 WILLHOFF, PATSY 1998-06-18 260.00 0244252 WATERWORKS CAR WASH 1998-06-18 82.50 0244253 WOSN-FM RADIO STATION 1998-06-18 451.00 0244254 WAL*MART STORE 931 1998-06-18 158.42 0244255 WELLINGTON HOMES 1998-06-18 500.00 0244256 WORLDCOM 1998-06-18 54.66 0244257 WASTE MANAGEMENT 1998-06-18 85,120.75 0244258 WOODS, CURTIS A 1998-06-18 500.00 0244259 .XEROX CORPORATION 1998-06-18 268.00 0244260 ZEE MEDICAL SERVICE 1998-06-18 214.17 0244261 ZIMMERMANN, KARL 1998-06-18 29.25 0244262 ZEDER, KELLY 1998-06-18 18.56 0244263 ZIMLINGHAUS, BERNARD 1998-06-18 190.00 0244264 PEASE, CLINTON 1998-06-18 298.68 0244265 CURTIS, ROBERT 1998-06-18 338.18 0244266 STROLLO, ROCCO 1998-06-18 221.34 0244267 RICKLI, CHARLES 1998-06-18 43.33 0244268 BRANDON CAPITAL CORP 1998-06-18 7.74 0244269 CAL BUILDERS INC 1998-06-18 100.00 0244270 STRICKLAND, SELBY & WENDY 1998-06-18 34.05 0244271 GARCIA, ARTURO 1998-06-18 59.08 0244272 ESTATE OF EVELYN L FLINN 1998-06-18 84.14 0244273 SHOWCASE PROPERTIES LTD CO 1998-06-18 45.63 0244274 RIVERSIDE THEATRE 1998-06-18 14.72 0244275 DEES, ROBERT & DIANE 1998-06-18 47.64 0244276 SMITHSON, JEFF 1998-06-18 32.86 0244277 GALVEZ, OBDULIO E 1998-06-18 6.63 0244278 JENNINGS, DEBBIE 1998-06-18 89.48 0244279 MC KENZIE, ALBERT 1998-06-18 76.72 0244280 GHO VERO BEACH INC 1998-06-18 67.69 0244281 PATTERSON, DAVID T 1998-06-18 66.68 0244282 CORNERSTONE SELECT HOMES INC 1998-06-18 22.22 0244283 FROST, SCOTT 1998-06-18 52.97 0244284 FINN-AIKINS, XOFI 1998-06-18 46.49 0244285 MICHAEL MLEKO GENERAL CONTRACT 1998-06-18 32.52 0244286 DRITENBAS, JOHN & DIANA 1998-06-18 17.52 0244287 CERSOSIMO. ERNESTINE 1998-06-18 71.42 0244288 FILBURN, JESSE & ROBIN 1998-06-18 67.87 0244289 LEPP, BRADFORD 1998-06-18 32.98 0244290 MANZO, ANTHONY F 1998-06-18 52.67 0244291 BRYANT, ALLEIA 1998-06-18 52.57 0244292 COUNTRYMAN, TRACY 1998-06-18 23.05 0244293 MARINO, ANTHONY 1998-06-18 97.90 0244294 CAMERON CORPORATION 1998-06-18 78.83 0244295 MITCHELL, LORREN D 1998-06-18 72.80 0244296 REED, CHARLES 1998-06-18 20.34 0244297 FERRIO, SUSAN 1998-06-18 48.30 0244298 FINNEGAN, TODD 1998-06-18 9.55 0244299 AURELIEN, LAUDA 1998-06-18 16.09 0244300 LUTE, LESA R 1998-06-18 13.22 0244301 ST PETERS EPISCOPAL CHURCH 1998-06-18 45.70 0244302 OSBORNE, GREGORY W 1998-06-18 50.00 JULY 79 1998 -7- 966,633.92 0 r li��p," I EOOK l� FAGS 4�I� ZA I-95/0SLO ROAD INTERCHANGE JusTIFICATIONREPORT PROJECT - CONSIDERATION OF CONSULTANT RANKINGS - REYNOLDS, SMITH & HILLS The Board reviewed a Memorandum of June 29, 1998: TO: James Chandler County Administrator THROUGH: Robert M. Keating, AICP M K— Community Development Director FROM: Jacob Riger T MPO Staff Planner DATE: June 29, 1998 SUBJECT: CONSIDERATION OF CONSULTANT RANKINGS FOR I-95/OSL0 ROAD INTERCHANGE JUSTIFICATION REPORT (IJR) PROJECT It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1998. One of the transportation improvements incorporated within the Indian River County Metropolitan Planning Organization's (MPO) 2020 Long Range Transportation Plan is an interchange at I-95 and Oslo Rd (91s St. SW). The interchange is reflected in the plan because of the area's growth potential. In Indian River County as well as elsewhere, constructing an interchange is dependent upon state and federal approval of an Interchange Justification Report (UR). Before funding and construction may occur, an IJR must adequately justify the need for an interchange. At its February 10, 1998 meeting, the Board of County Commissioners approved the execution of a Joint Participation Agreement with the Florida Department of Transportation (FDOT) to fund the preparation of the IJR, but to delay the consultant selection process to allow time for other development proposals that would increase the need and justification for an interchange to emerge in the I-95/Oslo Rd. area The Board also directed staff not to initiate the consultant selection process without prior authorization from the Board. Due to a change in project -related circumstances, which relate to the possibility of funding for the construction of the interchange to be made available in the near future, staff obtained authorization from the Board at its April 14, 1998 meeting to initiate the consultant selection process for this project. Therefore, on April 15, 1998, staff issued RFP # 8055 to solicit the services of a consultant to prepare the IJR. After the RFP closing date of May 13, 1998, staff assembled a consultant selection committee to shortlist the consultant firms that responded to the RFP and to rank the shortlisted candidates for approval by the Board The committee members are: Bob Keating, Chris Mora, Jim Davis, and Jim Scully (FDOT). Of the six firms that responded to the RFP by the closing date, the following four firms were shortlisted: Glatting Jackson; Keith and Schnars; Post Buckley; and Reynolds, Smith, and Hills. All four firms gave presentations to the consultant selection committee on Friday, June 26, 1998. On the basis of those presentations, the consultant selection committee ranked the four fines in order of preference as follows: Reynolds, Smith, and Hills (RSH); Glatting Jackson; Post Buckley; and Keith and Schnars. JULY 79 1998 -8- 0 0 C Once the Board approves the consultant selection committee's rankings, staff will negotiate a contract with the top ranked consultant (RSH). If negotiations with the top-ranked consultant are unsuccessful, staff will then negotiate with the second ranked firm. This procedure is mandated by the Cotffiultants Competitive Negotiation Act CCNA), a law with which the Board must comply. Once a contract has been negotiated, staff will bring the contract to the Board for its approval. It is anticipated that this will occur in late July or early August. Staff recommends that the Board of County Commissioners approve the consultant selection committee's rankings of the consultants to prepare an Interchange Justification Report for the proposed I-95/Oslo Road interchange. The rankings are as follows: 1. Reynolds, Smith, and Hills (RSH) 2. Glatting Jackson 3. Post Buckley 4. Keith and Schnars. Staff further recommends that the Board of County Commissioners authorize staff to initiate contract negotiations with the top ranked consultant (RSH). ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the consultant selection committee's rankings of the consultants to prepare an Interchange Justification Report for the proposed I-95/Oslo Road interchange and authorized staff to initiate contract negotiations with the top-ranked consultant, Reynolds, Smith, and Hills (RSH), as recommended by staff. DOCUMENTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 7.C. LAURELHOMES.ING -FINAL. PLA TAPPROVAL FOR SINGLE FAMMY SUBDIVISION TO BE KNOWN AS PHASES 3 & 4 OF THE LAURELS SUBDIVISION The Board reviewed a Memorandum of June 30, 1998: JULY 79 1998 • -9 __UjPAGE Oda TO: James E. Chandler County Administrator DIVUSION HEAD CONCURRENCE: ohert M. Keating, AIC Community Development Dire r THROUGH: Stan Boling,14 Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: June 30, 1998 SUBJECT: Laurel Homes Inc.'s Request for Final Plat Approval for a Single Family Subdivision to be Known as Phases 3 & 4 of The Laurels Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1998. The Laurels Phases 3 & 4 is a subdivision of a 19.11 acre parcel into 56 single family lots and stormwater tracts. The overall subdivision (Phases 1-4) will consist of 112 single family lots on a total of 39.67 acres, resulting in an overall density of 2.84 units per acre. The subject property is zoned RS -6, Residential Single Family (up to 6 units/acre). On August 27, 1992, the Planning and Zoning Commission granted preliminary plat approval for The Laurels subdivision to be completed in four phases. The first two phases are complete. Subsequently, a land development permit was issued for construction of Phases 3 and 4. Since the required improvements (e.g. roadways, stormwater management, utilities) for Phases 3 & 4 have not been completed at this time, the developer is proposing to "bond -out" to guarantee the satisfactory completion of the remaining work to be performed. The final plat was submitted with the following documents: A final plat that is substantially in conformance with the originally approved preliminary plat; 2. A copy of the Contract for Construction of Required Subdivision Improvements; ANALYSIS: The final plat substantially conforms to the approved preliminary plat, but is not consistent with the approved arrangement for the dedication of 10'" Street right-of-way. The approved preliminary plat required a dedication of 25' of right-of-way for l Ot' Street (an existing unpaved road located in a 35' wide "half street" right-of-way) with the condition that the developer escrow her fairshare for future paving. Based on an opinion from the attorney's office, a decision has been made by staff to proceed with final plat approval without a revised preliminary plat or compliance with the dedication condition. Essentially, the attorney's office has determined that the right-of-way dedication cannot be required since the subdivision streets are no longer connecting to 10* Street, as originally proposed, and the subdivision will not be contributing trips to the street. The end result is that for now, 10' Street will remain as it is. Only a stabilized, sodded emergency accessway will connect the proposed subdivision to 10'h Street. Not all of the required subdivision improvements have been completed as of this date. The developer desires to proceed with recording the subdivision plat and proposes to "bond -out" for construction of the remaining required subdivision improvements pursuant to provisions of subdivision ordinance section 913.10. TIC developer has made arrangements with Public Works and Utility Services to submit a final certified engineers cost estimate and letter of credit after the Board of County Commissioners grants final plat approval. The final cost estimate will be based on the work completed at that point in time as verified by county staff. The format of the letter of credit has been approved by the county attorney's office, and unit costs for construction items have been approved by Public Works and Utility Services. The developer has also submitted a copy of JULY 7, 1998 -10- `0 7 the Contract for Construction of Required Improvements. The contract, which is on a standard form approved by the county attorney's office, will be executed by the developer after the July 7, 1998 Board meeting date. Once the final cost estimate is approved by staff and the appropriate letter of credit is submitted, the plat will be recorded Based upon the analysis performed, staff recommends that the Board of County Commissioners grant final plat approval for The Laurels Subdivision Phases 3 and 4, authorize the Chairman to execute the final Contract for Construction (upon submittal), accept the posted security to guarantee the Contract for Construction (upon submittal), and authorize staff to approve the amount of the letter of credit. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously granted final plat approval for The Laurels Subdivision Phases 3 and 4, authorized the Chairman to execute the final Contract for Construction (upon submittal), accepted the posted security to guarantee the Contract for Construction (upon submittal), and authorized staff to approve the amount of the letter of credit, as recommended by staff. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.D. BEACH PRESERVATION PLAN - ECONOMICANALYSIS -CONSULTANT SELECTION - APPL IED TECHNOLOGY & MANAGEMENT The Board reviewed a Memorandum of June 25, 1998: TO: James E. Chandler, County Administrator THROUGH= James W. Davis, P.E. CONSENT AGENDA Public Works Director FROM: Jeffrey R. Tabar Coastal Engineer SUBJECT: Consultant Selection Beach Preservation Plan - Economic Analysis DATE: June 25, 1998 JULY 79 1998 -11- .45_ • . -�n •0 On Wednesday June 24, 1998, the Selection committee received presentations from short-listed consultants. The selection committee members were Jim Davis, Jeffrey Tabar, cliff Suthard (city of Vero), Ed Fry and Joe Baird. As a result of the committee's investigation, the following prioritized short-list is recommended for Board approval: FIPPLIC-b 1. 4d*aaee& Technology & Management(ATM), Gainesville, FL. 2. Regional Research & Associates, Inc., Boca Raton, FL. 3. Fishkind & Associates, Inc., Orlando, FL. Staff recommends authorization to proceed in contact negotiations with the top ranked firm, ATM, Inc. of Gainesville, FL. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the prioritized short-list and authorized staff to proceed in contract negotiations with the top-ranked firm, Applied Technology & Management (ATM), as recommended by staff. 7.E. SANDRIDGE GOLF COURSE -MONITORING PROFESSIONAL SERVICES - RELEASE OF RETAINAGE - KWLEY--HORN The Board reviewed a Memorandum of June 22, 1998: TO: James Chandler County Administrator C: THROUGH: James W. Davis, P.E./->,r, Public Works Director— l}' FROM: Terry B. Thompson, P. Capital Projects Manager SUBJECT: Sandridge Golf Course Monitoring Professional Services Release of Retainage DATE: June 22, 1998 CONSENT The final wetland monitoring report for Sandridge Golf Course has been submitted to the St. Johns River Water Management District. The mitigation area has met the success criteria outlined in the permit. The County must continue maintenance of the wetland, but monitoring reports are no longer required. Kimley-Horn is requesting final release of retainage in the amount of $819.99 for their completed services. JULY 79 1998 t Staff recommends final release of retainage in1he amount of $619.99. Funding is from Account 418-221-572-033.19. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the release of retainage to Kimley-Horn in the recommended by staff. amount of $619.99, as 7.F. PAYMENTS TO VENDORS OF COURT RELATED COSTS The Board reviewed a Memorandum of June 19, 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: June 19, 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 June 1 through June 15, 1998. Listed below are the vendors names and the amount of each court related costs. Investigative Support Special Investigator 1,000.00 Indian River County School Record Research 2.70 Wanda Bethea, Ed.D. Clinical Evaluation 250.00 Helen Murray, L.M.H.C. Clinical Evaluation 160.00 Don L. Schultz, M.D. Clinical Evaluation 400.00 C. Jonathan Ahr, Ph.D. Clinical Evaluation 500.00 A.J. Glaser, L-.P.N. Clinical Evaluation 80.00 Don L. Schultz, M.D. Clinical Evaluation 450.00 Barbara G. Schopp Transcription 122.50 Sheila I. Flinn Transcription 28.00 Carlos L. Wells, Esq. Records Research 2.00 James Bass Witness reimbursement 52.50 Treasure Coast Court Report Court Reporter 25.00 Treasure Coast Court Report Court Reporter 200.00 Treasure Coast Court Report Court Reporter 25.00 James T. Long, Esq. Public Defender Conflict(Juv) 1,200.00 James T. Long, Esq. Public Defender Conflict(Misd) 600.00 James T. Long, Esq. Public Defender Conflict(Fel) 8,400.00 Gregory Landrum, Psy. D. Clinical Evaluation 750.00 Ralph Mora, Ph.D. Clinical Evaluation 500.00 Ralph Mora, Ph.D. Clinical Evaluation 750.00 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 JR Reporting Associates Transcription 265.00 Barbara Schopp Transcription 31.50 Barbara Schopp Transcription 52.50 Center for Counseling Clinical Evaluation 150.00 Barbara Schopp Transcription 38.50 Barbara Schopp Transcription 59.50 Barbara Schopp Transcription 136.50 Floyd Evans Court Interpreter 25.00 JULY 79 1998 -13- r. -J C 2., Q...� � F, GF ads Medical Record Services, Inc. Record Research JR Reporting Associates Transcription Shirley Corbin Transcription Shirley Corbin Transcription Shirley Corbin Transcription Shirley Corbin Transcription Medical Record Services, Inc. Record Research JR Reporting Associates Transcription Floyd Evans Court Interpreter Barbara Schopp Transcription Shirley Corbin Transcription Total No action required or taken. 14.78 68.00 140.00 28.00 63.00 122.50 102.00 19.00 75.00 49.00 38.50 $17,475.98 7. G. SHERIFF -SPECIAL LAWENFORCEMENT TRUST FUND- FUND 112 The Board reviewed a Memorandum of June 30, 1998: Yjerif f wc_�,GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER F_ORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFSASSOCIAT;ON 4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700 June 30, 1998 ` - JUL 01 1998 The Honorable John Tippin, Chairman Indian River County Board of County Commissioners 1840 25* Street Vero Beach, FL 32960-3394 Re: Special Law Enforcement Trust Fund, Fund 112 Dear Mr. Tippin: This letter is a request to utilize monies from the Special Law Enforcement Trust Fund to purchase the following items for use by this agency: MPH Speed Monitor $ 11,210 This is a mobile speed sign trailer. The unit will be placed along busy streets and highways to educate the public as to the speed they are traveling. The unit has proven to reduce speeding while freeing officers for other duties. This is also a traffic classifier that will record the traffic count and speeds driven at a particular location. In Car Video, 15 ea. O.P.V. Custom Cameras @ $3,200 ea. 48,000 Radar Units, 15 ea. Decatur Genesis II Units @ $1,769 ea. 26,535 Reserve Deputy Program: 10 ea. 92F Barretta pistols @ $346.70 3,467 10 ea. Ballistic vests @ $ 376.80 3.768 Total Request 92 980 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 Ceeler, Sheriff The 173rd Internationally Accredited Law Enforcement Agency , Accredited by the Commission on Accreditation for Law Enforcement Agencies. Incorporated JULY 79 1998 t 0 0 - 0 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Sheriff's request to utilize monies from the Special Law Enforcement Trust Fund to purchase the items listed, as recommended by Sheriff Wheeler. 9.A. PUBLIC HEARING - ORDINANCES 98-17 AND 98-18 - HALE INDIAN RIVER GROVES, INC. - AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE f2.7 ACRES FROM CI TO L-2 AND TO REZONE THOSE t2.7 ACRES FROM CL TO RM -6 - AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE f2.7 ACRES FROM L-2 TO CI AND TO REZONE THOSE t2.7 ACRES FROM RM -6 TO CG AND TO REZONE t2.1 ACRES FROM CL TO CG PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF MAN RIVER: STATE OF FLORIDA Before the tmdersWied authority personally appeared Darryl K. Mcks who on oath says that he Presloent of the Press,lotunal, a daily neMrapaper pubusfred at Vero Beach in lydien Rtver County. Florida that the attached copy of edvertlsemattt, being a Kori �u Affiant further says that the said Presa.lournel Is a newspaper published at Vero Beach, In said Indian Rim County, Florida, and that the sed has heretofore been cxmf jously published in said Indian Rives County, Florida, �ard has been entered as second class mail matter at the post office In Vero Beach, In said Man River Camty, Florida, for a period of one year next precx>dtrg the first pubUcafion of the attached copy of advertlserrxjnt; and affiant further says that he has neither paid nor promised any person, firm % or f0ar t lo or refund for the purpose of secur4►g little said newspaper. My COMA S?ON HF RES CO.i1M.N0.lCb1J092 :ti e o jSEAL) : r. c JULY 79 1998 beforeme this day of \ ' yD.18 QT Notary Public. State of Florida My Commission Exp. Jan. 01, 2001 Comm. No. CC 611Q92 Personally Known kKr Produced ID 0 Type of ID Produced -15- FAGE;v1 ..,.. n -19 NOTICE OF COMPREHENSIVE 1 PLAN LAND USE DESIGNATION AMENDMENT The Board of County Commis stoners of Indian River County, Florida, will consider the adoption OF a county ordinance amending the comprehensive plan's future land use designation for land within the unincorporated portions of Indian Rhrer County. The subject Property is owned by Hale Indian River Graves, Inc. A public hearing at which parties in interest and dti- zen s shall have an opportunity to be heard, will be held an Tuesday, July 7, 1998 at 9:05 a.m.. in the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida. The proposed, MW w*4&4nduded in -o pro- posed ordinance w tRled: AN ORDINANCE. OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPRE- HENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR: 1. +-2J ACRES LOCATED ON THE EAST SIDE OF US 1, +-1.8 MILES NORTH OF CR 510, FROM C/l, COMMERCIAL/INDUSTRIAL, TO L-2, LOW DENSITY RESIDENTIAL -2 (UP•'. TO'.6 UNITS/ACRE); AND ' 2. +-2.7 ACRES' LOCATED +-315 FEET EAST OF US 1 AND +4.8 MILES NORTH OF CR 510, FROM L-2, LOW DENSITY RESIDENTIAL -2 (UP TO 6 )UNITS/ACRE) TO C/I, COMMERCIAL/INDUSTRIAL; AND PROVIDING CODIFICA- j TION, SEVERABILITY, AND EFFECTIVE DATE. The plan amendment application f may be Impeded by the public at the Community Development, Department located on the second floor of the County. Administration Building located at 1840 25th Street, Vero .'Beach, Florida, between the hours 8:30 a n� and 5:00 p.m. on weekdays. For more information, contact John Wachtel at 56741M, extension 247. The proposed ordinance may be impeded by the public between 8:30 a.m., and ,5:00' p.m. at the affice of the Clerk to the Board of County Commissioners; 1840 25th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision whk h may be made at this meeting will need to ensure that a verbatim , record of the proceedings. is made, which Includes the testimony, and ev1- 'dorm sid. upon which fhe.-appeal is. _ JULY 71,1998 Anyone who 'needs' o special 1 oaommodathon for this mosib must corded the counly's Ameri- cans with Disabilities (ADA) Coor- dinator at 5674000, extension 223, at least 48 hours in advance of the meeting. Indian River County Board of County Commission= By: -:-John W. Tippin - -Chairman-- June 24,1998 1371975r lug PAGE'?! 3 -16- t . PRESS -JOURNAL Published Daily = Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he Is President of the Press -Journal, a defy newspaper published at Vero Beach in Indian Rim County, Florida; that the attached copy of advertisement, being in the math of -211-L! In the Court, was pub- ILshed In said wmWperm the Lsshof 4Q4jK Afflant further says that the said Press-Jaunal is a newspaper pubb hed at Vero Beach, in sald Indian River County, Florida, mid that the said newspaper has heretofore been ORM599= atter at Ube post ofRce�trh Vertyo Beach, in�said�trhdia�n Fll�var C�acmtyFloride�,bs year next precedlrhg the first pubtfcatbn of the attached copy offRaM ftaUher says hart he las rheiUher � nor prorNsed any persorh, ttrm�,lorebete or refund for Ube purpose of s((er��ajjuirhg tthis atercreANt.nd subscribed Before me= �D 1g�d_ a° �,Y ANp� °•„ * : MY COM OSSION EXPIRES [live 2 ldNOARY 01.2001 KIME3c'RLY ANN LATS o CCJC611092 :'� a Notary public, State of Florida My Commission ExOp. Jan. 01, 2001 Personally Known for Produced ID O Y J Type of ID Produced Anyone who needs o special accommodation for this meeting must contact the county's Ameri- cans with' Disabilities (ADA) Coor- dinator at 567-8000, extemion 223, at least 48 haus in advance of the meeting. Indian Rim County. Board of " , County Commissioners 8y: -s -John W. Tipplo, Chairman June 24,1998 1371 "4r JULY 79 1998 -17- • FtM-8 CO NOTICE - PUBLIC HEARING The Board of County Commis- sioners of Indian River Courcy, Florida, will consider the adoption of a county ordinance rezoning land within the unincorporated portions of Indian River County. The subject properly Is owned by Hale Indian River Groves, Inc. A public hearing at which parties In interest and citizens shall have an opportunity to . be baud, will be held on Tuesday, July 7, 1998 at 905 - am. In the County Commis- sion Chamber of die County Administration Building, located at 1840 25th Street Vero Beach, Florida. The proposed ordinance to rezone •tiro abject properties Is anittled, _ AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOM- PANYING ZONING MAP FOR:- 1. OR:1. +-2.7 ACRES LOCATED ON THE EAST SIDE OF US 1, +-1.8 MILES NORTH OF CR 510, FROM, CL, LIMITED COMMERCIAL DIS- TRICT, TO RM -6, MULTIPLE. FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE); 2. +-2.7 ACRES LOCATED +-315 FEET EAST OF US 1 AND +-1.8 MILES NORTH OF CR 510, FROM RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL COMMERCIAL DISTRICT; AND 3.+-2. 1 ACRES LOCATED ON THE EAST SIDE OF US 1, +-1.8 MILES NORTH OF CR 510, FROM CL, LIMITED COMMERCIAL DIS- TRICT, TO CG, GENERAL COM- MERCIAL DISTRICT; AND PROVIDING CODIFICA• TION, SEVERABILITY, AND EFFECTIVE DATE The rezoning application may be inspected by the public at the Community Development Depart- ment located on the second floor of the County Administration Building located at 1840 25th Street Vero Beach, Florida, between the haus of 8:30 am. and 5:00 pm. an weekdays. For more Wormation, contact . John Wachtel at 567- 8000, extmnstan 247. The proposed ordinance may be inspected by the public between 8:30 a.m. and 5:10 pm. at the office of the Clerk to the Board of County Comenissiorners, ,1840 25th Street, Vero Beach, Florida. The Board of County Commis.j eiorron may adopt another zoning Flistrid, other than the district requested, provided that the adopted zoning district is concis-. tent with the county's comprehen ilve pian. .Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that o verbatim record of the proceedings is made, which Includes the Wimony and evi. dance upon which On appeal is based The Board reviewed a Memorandum of June 24, 1998: TO: James E. Chandler County Administrator EP TMENT HEAD CONCURRENCE LOU— Robert M. Keating, Community Developme tit ctor THROUGH: Sasan Rohani, AICP � ' Chief, Long -Range Planning FROM: ' John Wachtel Senior Planner, Long -Range Planning DATE: Jane 24,1998 RE: Hale Indian River Groves, Inc., Request to Amend The Comprehensive Plan to Redesignate f2.7 Acres From C/I to L-2, and to Rezone Those t2.7 Acres From CL to RM -6; to Amend The Comprehensive Plan to Redesignate 4.7 Acres From L-2 to CA, and to Rezone Those 4.7 Acres from RM -6 to CG; and to Rezone t2.1 Acres From CL to CG PLAN AMENDMENT NUMBER: LUDA 98-05-0149 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1998. This is a request to redesignate t2.7 acres from C/I, Commercial/Industrial, to L-2, Low -Density Residential -2 (up to 6 units/acre) while simultaneously redesignating a nearby t2.7 acre tract from L-2 to C/I. Unlike node expansion requests, the proposed amendment will not increase the amount of C/I designated land in the county. Rather, this amendment will reconfigure the US 1/CR 510 C/I node. The property to be redesignated from C/I to L-2 is the northernmost subject property depicted on attachments 3 and 4. That property will be referred to as Subject Property 1. In addition to changing the land use designation of Subject Property 1, the request also involves rezoning Subject Property 1 from the CL, Limited Commercial, District, to RM -6, Multiple -Family Residential District (up to 6 units/acre). The property to be redesignated from L-2 to C/I is located just south and east of Subject Property 1. That property will be referred to as Subject Property 2. In addition to changing the land use designation of Subject Property 2, the request involves rezoning Subject Property 2 from RM -6 to the CG, General Commercial, District. The southernmost subject property, depicted on attachment 4, will be referred to as Subject Property 3. While no land use designation change is proposed for Subject Property 3, this request does involve rezoning Subject Property 3 from CL to CG. All of the subject properties are part of a larger t23 acre tract of land owned by Hale Indian River Groves, Inc. and located on the east side of US 1,:4.8 miles north of CR 510. The purpose of this request is to facilitate the expansion of a citrus packinghouse on the ±23 acre tract. On June 11, 1998, the Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners approve this request. Because the packinghouse expansion must be complete before packing season, the applicant has severe time restrictions. For that reason, the applicant worked with planning staff to identify a faster comprehensive plan amendment process. After consulting with the Florida Department of Community Affairs (DCA), staff determined that the proposed amendment qualifies as a "small scale" amendment. JULY 79 1998 Section 163.3187(1)(c), FS, sets the following criteria for small scale amendments: 1. The proposed amendment involves 10 or fewer acres; 2. The cumulative effect of the acreage for all small scale amendments in the jurisdiction does not exceed 80 acres in a calendar year; 3. The proposed amendment does not involve the same property granted a land use designation change within the prior 12 months; 4. The proposed amendment does not involve the same owner's property within 200 feet of property granted a land use designation change within the prior 12 months; 5. The proposed amendment does not involve a change to the comprehensive plan's text; 6. The subject property is not within an area of critical state concern; and 7. The proposed amendment does not involve increasing residential density above 10 units/acre. Small scale plan amendments are deemed to have fewer impacts than typical plan amendments and are eligible for a streamlined adoption process. In contrast to typical plan amendments which require review and approval by DCA, local governments may adopt small scale plan amendments without review or approval by DCA. In this case, the procedures for reviewing the subject comprehensive plan amendment will be as follows. First, the Planning and Zoning Commission conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the comprehensive plan amendment request to the Board of County Commissioners. Also, the Planning and Zoning Commission may recommend approval of or deny the rezoning portion of the request. If the rezoning request is denied, only the land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. Following Planning and Zoning Commission action, the Board takes final action to approve or deny the land use amendment and rezoning requests. Besides being exempt from DCA review, small scale amendments are also exempt from the state's statutory limitations on the frequency of adopting comprehensive plan amendments. For example, although the number of typical plan amendments that a local government may consider is not limited, the frequency with which local governments can amend their comprehensive plan is regulated by state law. According to Florida Statutes, typical plan amendments are limited to twice per calendar year. For that reason, the county accepts typical plan amendment applications only during the two `window" months of January and July. All requests submitted during each window month are processed simultaneously. That method ensures that typical plan amendments will be adopted no more than twice per calendar year. State law, however, provides several exceptions to the twice per calendar year limitation. One of those exceptions is for small scale plan amendments. Consequently, a local government may adopt small scale amendments, such as the subject plan amendment, without regard for the twice per calendar year limitation. For that reason, the proposed amendment is exempt from the twice per calendar year adoption limit. - Subject Property 1 Subject Property 1 consists of citrus groves and is zoned CL. Land abutting Subject Property 1's north boundary, also zoned CL, contains a recreational vehicle sales business. A motor lodge is located west of Subject Property 1, across US 1, on CG zoned land. Citrus groves are located on land bordering the subject property on the south and east. Those groves are zoned CG south of the subject property and RM -6 east of the subject property. - Subject Property 2 Subject Property 2 and properties to the north, south and east are zoned RM -6 and consist of citrus groves. Land abutting Subject Property 2 on the west is zoned CG and contains the Hale Indian River Groves papkinghouse, an accessory retail store and a citrus grove. - Subject Property 3 Subject Property 3 and land to the south are zoned CL. The north half of Subject Property 3 consists of a truck parking lot, while the south half contains an accessory building. The abutting property to the south of Subject Property 3 contains one building. That building appears to be a single-family house. West of Subject Property 3, across US 1, land is zoned CG and contains a golf cart business and a single-family house. North of Subject Property 3, land is zoned CG and contains the Hale Indian River Groves packinghouse, an accessory retail store and a citrus grove. East of Subject Property 3, land is zoned RM -6 and consists of citrus groves. JULY 79 1998 1 ,O -Y. >c��-Li� -19- t) l FAGS � - 1. Subject Properties 1 and 3, and lands to the north, south and west of those properties are designated C/I, CommerciaUIndustrial, on the county's future land use map. That designation permits various commercial and industrial zoning districts. Land to the east of Subject Properties 1 and 3, including Subject Property 2, is designated L-2, Low -Density Residential -2, on the county's future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. Subject Properties 1 and 2 consist of citrus groves, while Subject Property 3 contains an accessory building, parking areas, and several oak trees. As such, all three subject properties are disturbed sites and contain no wetlands or other environmentally important or environmentally sensitive habitat. The subject properties are within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of eight feet NGVD. Water lines extend to the subject sites from the South County Reverse Osmosis Plant, while wastewater lines extend to the sites from the North Regional Wastewater Treatment Plant. US 1 provides access to the sites. US 1 is classified as an urban principal arterial roadway on the future roadway thoroughfare plan map. This segment of US 1 is a four -lane paved road with approximately 120 feet of existing public road right-of-way. No improvements are currently programmed for this segment of US 1. There are many similarities and some differences between the CL and CG zoning districts. The CL district is intended to serve, and be more compatible with, nearby residential development. Therefore, in terms of permitted uses, the CL district is slightly more restrictive. In contrast, the CG district allows somewhat more intense commercial development. The differences between the districts are best illustrated by their purpose statements. These purpose statements are as follows: • CL, Limited Commercial District. The CL, limited commercial, district is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. • CG, General Commercial District. The CG, general commercial, district is intended to provide area for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. In this section, an analysis of the reasonableness of the application will be presented. Following a discussion of plan amendment review standards, this section will include the following: • an analysis of the proposed amendment's impact on public facilities; • an analysis of the proposed amendment's compatibility with surrounding areas; • an analysis of the proposed amendment's consistency with the comprehensive plan; and • an analysis of the proposed amendment's potential impact on environmental quality. Unlike most land use designation amendment requests, this request does not involve an increase in land use intensity. As proposed, the request involves a minor reconfiguration, rather than an expansion, of the commercial/industrial node. For this reason, the subject request can be characterized differently from most plan amendments. Typically, plan amendments involve increases in allowable density or intensity of development. As such, the typical amendment would result in impacts to public facilities and changes to land use patterns. Consequently, both the county comprehenffive plan and state policy dictate that a high standard of review is required for typical plan amendments. This standard of review requires justification for the proposed change based upon adequate data and analysis. The subject amendment, however, differs significantly from a typical plan amendment request. Instead ofproposing density or intensity increases, the subject amendment involves only a locational shift in future land uses with no overall increase in land use intensity. JULY 79 1998 -20- 40 ID Staffs position is that these different types of plan amendments warrant different standards of review. Since the typical type of amendment can be justified only by challenging the projections, need assessments, and standards used to prepare the original plan, a high standard of review is justified. For amendments involving just shifts in land uses and no intensity/density increase, less justification is necessary. This recognizes that no single land use plan map is correct and that many variations may conform to accepted land use principles and meet established plan policies. All of the sites comprising this request are located within the County Urban Service Area, an area deemed suited for urban scale development. The comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for these services and facilities are maintained, the comprehensive plan requires that new development be reviewed. For land use designation amendment and rezoning requests, this review is undertaken as part of the conditional concurrency determination application process. As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. For the subject request, the size of the C/I node will not change, although the node's shape will be reconfigured. Therefore, this land use amendment and rezoning request is exempt from concurrency review because the requested land use designation and zoning changes would not increase the potential land use intensity that the sites could accommodate. It is important to note that approval of this request will not affect service levels for any public facility. In this case, a detailed concurrency analysis will be done in conjunction with site development. That concurrency analysis will address facility service levels and demand. Compatibility with the surrounding area is not a major concern for this request. Most incompatibilities occur where commercial/mdustrial land abuts residential land. With respect to the subject request, two factors work to mitigate potential incompatibilities in those areas. The first factor relates to county land development regulations. Those regulations require all commercial/industrial development to go through the site plan review process. That process can often mitigate potential impacts through setbacks, buffers, and site design. The subject properties, however, are also subject to other requirements. In addition to normal setback, buffer, and site design requirements, all new commercial/mdustrial development in this area of the county is subject to the provisions of the Wabasso Corridor Plan. That plan includes special standards for signs, roofs, building colors, buffers, and landscaping. Another factor that works to mitigate potential incompatibilities in this area is potentially more important. That factor relates to the ownership of land in this area of the county. Most of the land surrounding the subject properties is owned by the applicant. The exceptions are the CL zoned areas north of Subject Property 1 and south of Subject Property 3, and the CG zoned areas west of the subject properties, across US 1. Given the property ownership characteristics of the subject property and surrounding property, the proposed amendment would not result in any C/I designated land abutting any residentially designated land not owned by the applicant. Generally, commercially designated sites that front on major roads may be appropriate for any one of several different commercial zoning districts, including CL, CG, and CH. In fact, this area of the county already somewhat reflects that type of mixed zoning. For that reason, both the CL and the CG zoning districts are appropriate for most land within the US 1/CR 510 commercial/industrial node. Applying either of those zoning districts to Subject Properties 2 and 3 would result in development that is compatible with surrounding property. Land use amendment and rezoning requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(1) of the land development regulations, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), FS." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. JULY 79 1998 -21- C()J F� �F, EOOK Fb:GE,q .�. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify 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—including plan amendment and rezoning decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following policies and objectives. - Future Land Use Element Policy 143 In evaluating a land use amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are: • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is wan -anted based on a substantial change in circumstances affecting the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. The proposed land use amendment meets the policy's fourth criterion. As specifically cited in the policy, the proposed amendment involves a swap or reconfiguration of land use designations at separate sites (Subject Properties 1 and 2), and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. For those reasons, the proposed amendment meets the fourth criterion of Future Land Use Element Policy 14.3 and is consistent with Future Land Use Element Policy 14.3. - Future Land Use Element Policies 13, 3.2, 33, 3.4, 7.1, and 7.5; Stormwater Management Sub -Element Policies 1.1 and 1.2; and Capital Improvement Element Policies 33 and 3.5 Each of these policies regulates development in flood prone areas. These policies are relevant because the subject properties are within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of eight feet NGVD. Future Land Use Element Policies 1.3, 3.3, and 3.4 require the county to set standards and procedures regarding the development of land in flood prone areas, and to incorporate those standards and procedures into the county's land development regulations. Future Land Use Element Policy 3.2 specifically states, that regardless of land use designation or zoning district, no development shall be permitted to exceed established levels of service. Future Land Use Element Policy 7.1 requires development to be consistent with regulations established by the National Flood Insurance Program, and Future Land Use Element Policy 7.5 specifically states that stormwater runoff from new development shall not negatively impact adjacent properties or receiving surface waterbody quality. Stormwater Management Sub -Element Policy 1.1 and Capital Improvements Element Policy 3.5 set the drainage level of service standard for the county. These policies state that for a 25 year/24 hour storm, post development runoff shall not exceed pre -development runoff unless a maximum discharge rate has been adopted for the applicable drainage basin and the discharge does not exceed that rate. An additional requirement is found in Stormwater Management Sub -Element Policy 1.2 which requires all new buildings to have the lowest habitable floor elevation no lower than the elevation of the 100 -year flood elevation as shown on FEMA maps or as defined in a more detailed study. Finally, Capital Improvements Element Policy 3.3 requires that the infrastructure necessary to meet the adopted level of service be in place concurrent with the impacts of new development. All of these policies have been incorporated into the county's land development regulations, particularly chapter 930, Stormwater Management and Flood Protection. Development of each subject property must be consistent with each of the referenced plan policies and land development regulations. For these reasons, development of the subject properties under either the existing or proposed land use designations and zoning districts would not degrade the floodplain or its storage capacity. Therefore, the proposed amendment is consistent with these policies. JULY 79 1998 • -22— • - Future Land Use Element Policy 1.11 Future Land Use Element Policy 1.11 states that the Low -Density Residential land use designations are intended for land that is located within the urban service area and near existing urban centers. Located within the urban service area, near the City of Sebastian, and near the intersection of US 1 and CR 510, Subject Property 1 meets those criteria. Under the proposed amendment, Subject Property 1 would have a Low -Density Residential land use designation. For that reason, the request is consistent with Future Land Use Element Policy 1.11. - Future Land Use Element Policy 1.15 Future Land Use Element Policy 1.15 states that the Commercial/Industrial land use designation shall be limited_ to lands that are located within the urban service area and near existing urban centers. Located within the urban service area, near the City of Sebastian, and near the intersection of US 1 and CR 510, Subject Property 2 meets those criteria. Under the proposed amendment, Subject Property 2 would have a CommerciallIndustrial land use designation. For that reason, the request is consistent with Future Land Use Element Policy 1.15. - Future Land Use Element Policy 1.20 Future Land Use Element Policy 1.20 states that nodes shall have a designated size based on the intended use and service area population, existing land use pattern and other demand characteristics. The amount of C/I designated land is based on service area population, the existing land use pattern, and other demand characteristics. The proposed amendment will not alter the amount of CR designated land. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.20. - Future Land Use Element Policy 1.21 Future Land Use Element Policy 1.21 states that node boundaries should provide for efficient land uses and maximum use of transportation facilities while eliminating strip development. The proposed amendment works to eliminate strip development in two ways. First, by changing the land use designation of Subject Property 1 from CA, Commercial/Industrial, to L-2, Low -Density Residential -2, the proposed amendment creates a gap in the strip of C/I designated land along the east side ofUS I. Second, by changing the land use designation of Subject Property 2 from L-2, to CA, the proposed amendment adds depth to the existing node. For these reasons, the proposed amendment works to limit strip commercial development along US 1 and is consistent with Future Land Use Element Policy 1.21. - Future Land Use Element Policy 1.22 Future Land Use Element Policy 1.22 states that 70% of the land area of a node should be developed with non-residential and non-agricultural uses before that node is considered for expansion. The intent of this policy is to regulate increases in the amount of C/I designated land. Since the proposed amendment does not increase in the amount of C/I designated land in the subject node, Future Land Use Element Policy 1.22's 70% developed standard does not apply to this amendment. - Future Land Use Element Policy 17.1 Future Land Use Element Policy 17.1 states that the county shall not approve plan amendments that increase residential density or land use intensity within the Coastal High Hazard Area (CHHA). Both Subject Property 1 and Subject Property 2 are within the CHHA. Because both of those properties are the same size, and they are essentially swapping land use designations, the proposed amendment would not increase residential density or land use intensity within the CHHA. For that reason, the proposed amendment is consistent with Future Land Use Element Policy 17.1. - Economic Development Element Policy 43 Economic Development Element Policy 4.3 states that the county shall evaluate the size and location of nodes to ensure they can properly provide for growth. Since the proposed amendment reconfigures the subject node to better provide for growth, the proposed amendment implements Economic Development Element Policy 4.3. As part of the staff analysis, all policies in the comprehensive plan were considered. Based upon this analysis, staff determined that the proposed land use designation amendment is consistent with the comprehensive plan. JULY 79 1998 -23-` r PLIC,K 1 UPJ PaGE2 The subject properties are disturbed sites. As such, they contain no wetlands, or environmentally important or environmentally sensitive habitat. County environmental protection regulations, including tree protection regulations, are the same regardless of land use designation or zoning district. Therefore, development of the subject properties under the proposed land use designations and zoning districts would not be anticipated to generate any adverse environmental impacts. The proposed amendment reconfigures a commercial/industrial node to increase land use efficiency and facilitate economic development. No increase in the amount of C/I designated land or land use density/intensity is proposed. The subject request is consistent with the comprehensive plan, compatible with all surrounding land uses, and will cause no adverse impacts on the environment or the provision of public services. For these reasons, staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners take the following actions: • approve the attached comprehensive plan amendment ordinance redesignating Subject Property 1 to L-1, and redesignating Subject Property 2 to C/I; • approve the attached rezoning ordinance rezoning Subject Property 1 to RM -6, and Subject Properties 2 and 3 to CG; and • direct staff to process the subject plan amendment as a small scale amendment. JULY 79 1998 0 -24— IY ITS '*• � CH �.■a-ae i CG _ I GOV. LOT 6 IM -6 JULY 79 1998 z N v % 7— V1,10 � Is L log —25— Community Development Director Bob Keating reviewed the Memorandum with the aid of the ELMO. He explained that this Comp Plan amendment is an exception to the twice a year limitation and is allowed by State law under the "small scale amendment process". There are 3 parcels to be rezoned to accommodate a packing house expansion. This does not entail an expansion of the node but does alter the boundaries of the node, with no increase in intensity of use. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Eggert, - SECONDED by Commissioner Ginn, the Board unanimously adopted Ordinance 98-017 amending the Future Land Use Element of the Comprehensive Plan by changing the Land Use Designation for a t2.7 acre tract located on the east side of US 11, approximately 1.8 miles north of CR 510 from C/Ito L-2; and by changing the Land Use Designation for a nearby f2.7 acre tract from L-2 to C/I, and providing severability and effective date (Hale Indian River Groves, Inc.). ORDINANCE N0.98-17 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR A t2.7 ACRE TRACT LOCATED ON THE EAST SIDE OF US 1, APPROXIMATELY 1.8 MILES NORTH OF CR 510, FROM C/I TO L-2; AND BY CHANGING THE LAND USE DESIGNATION FOR A NEARBY f2.7 ACRE TRACT, FROM L-2 TO C/I; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on June 11, 1998 after due public notice, and WHEREAS, the Local Planning Agency voted 5 to 0 to recommend approval of this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, this Comprehensive Plan Amendment meets the criteria established in Chapter 163.3187(1)(c), FS, for "small scale development amendments", and JULY 79 1998 • ORDINANCE NO. 98- 17 WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on July 11, 1998, after advertising pursuant to Chapter 163.3187(1)(c), FS and Chapter 125.66(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioner, of Indian River County, Florida, that: SECTION 1. (`omprehencive Plan Amentiment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in section 2 is hereby adopted as a small scale development amendment, and one (1) copy is directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the ommeh sivPlan The land use designation of the following described property situated in Indian River County, Florida to wit: A PARCEL OF LAND SITUATED IN A PART OF GOVERNMENT LOTS 5 AND 6, SECTION 21, AND PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL LYING EAST OF U.S. HIGHWAY NO. 1, INDIAN RIVER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE RUN NORTH 00°28' 32" EAST A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 75°5744" EAST A DISTANCE OF 309.79 FEET TO THE NORTHERLY RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1; THENCE RUN SOUTH 64°2431" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 63.04 FEET; THENCE RUN SOUTH 44003'16" WEST A DISTANCE OF 268.10 FEET TO THE INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN NORTH 2505744" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 418.67 FEET; THENCE RUN NORTH 57000'16" EAST A DISTANCE OF 143.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 115,823 SQUARE FEET OR 2.659 ACRES. Is changed from C/I, Commercial/Industrial to L-2, Low -Density Residential -2 (up to 6 units/acre) and the Future Land Use Map is hereby revised accordingly. Mil The land use designation of the following described property situated in Indian River County, Florida to wit: A PARCEL OF LAND SITUATED IN PART OF GOVERNMENT LOT 5, SECTION 21 AND PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5 AND RUN SOUTH 00°3822" WEST A DISTANCE OF 38.28 FEET TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN SOUTH 25°5744" EAST ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 226.20 FEET TO THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1; THENCE RUN NORTH 44003'16" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 280.99 FEET; THENCE RUN NORTH 64°24'31" EAST A DISTANCE OF 50.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 64°2431" EAST A DISTANCE OF 198.43 FEET; THENCE RUN SOUTH 25057'44" EAST AND PARALLEL TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1 A DISTANCE OF 583.03 FEET; THENCE RUN SOUTH 64002'16" WEST A DISTANCE OF 198.43 FEET; THENCE RUN NORTH 2505744" WEST A DISTANCE OF 584.32 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 115,818 SQUARE FEET OR 2.66 ACRES. JULY 79 1998 • -27- CG'JK UFACE ORDINANCE NO. 98-17 Is changed from L-2, Low -Density Residential -2 (up to 6 units/acre) to CA, Commercial/Industrial, and the Future Land Use Map is hereby revised accordingly. SECTION 3. Reveal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Rffective Date Unless challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be August 7, 1998. If challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. This ordinance was advertised in the Press-Joumal on the 20 day of June, 1998 for a public hearing to be held on the 7d' day of July, 1998 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner G i n n , and adopted by the following vote: Chairman John W. Tippin Aye Vice -Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Carolyn K. Eggert A v e BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ATTEST BY: 0 Acknowledgment by the Department of State of the State of Florida this day of 71998 Acknowledgment from the Department of State received on this day of ,1998, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Intim Rl- Ca I Aofrove0 I Date I 1X1 ?M- :lls I ,. ... JULY 79 1998 -28- �C_ • ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Ordinance 98-018 amending the Zoning Ordinance and the accompanying Zoning Map for a f2.7 acre tract located on the east side of US 1 approximately 1.8 miles north of CR -510 from CL to RM -6; amending the Zoning Ordinance and the accompanying Zoning Map for a nearby f2.7 acre tract from RM -6 to CG; and by amending the Zoning Ordinance and the accompanying Zoning Map for a nearby f2.1 acre tract from CL to CG; and described herein, and providing severability and effective date (Hale Indian River Groves, Inc.). ORDINANCE NO. 98-18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR A f2.7 ACRE TRACT, LOCATED ON THE EAST SIDE OF US 1, APPROXIMATELY 1.8 MILES NORTH OF CR 510, FROM CL TO RMA AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR A NEARBY f2.7 ACRE TRACT, FROM RM -6 TO CG; AND BY AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR A NEARBY f2.1 ACRE TRACT, FROM CL TO CG; AND DESCRIBED HEREIN, AND PROVIDING SEVERABILITY AND 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 WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; 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 following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND SITUATED IN A PART OF GOVERNMENT LOTS 5 AND 6, SECTION 21, AND PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL LYING EAST OF U.S. HIGHWAY NO. 1, INDIAN RIVER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. JULY 79 1998 -29- 'P. pn-227 ORDINANCE NO. 98-18 COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE RUN NORTH 00°28' 32" EAST A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 7505744" EAST A DISTANCE OF 309.79 FEET TO THE NORTHERLY RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1; THENCE RUN SOUTH 64°24'31" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 63.04 FEET; THENCE RUN SOUTH 44003'16" WEST A DISTANCE OF 268.10 FEET TO THE INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN NORTH 25°5744" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 418.67 FEET; THENCE RUN NORTH 57000'16" EAST A DISTANCE OF 143.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 115,823 SQUARE FEET OR 2.659 ACRES. Be changed from CL to RM -6 0 that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND SITUATED IN PART OF GOVERNMENT LOT 5, SECTION 21 AND PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5 AND RUN SOUTH 00°3822" WEST A DISTANCE OF 38.28 FEET TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN SOUTH 25°5744" EAST ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 226.20 FEET TO THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1; THENCE RUN NORTH 44°03'16" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 280.99 FEET; THENCE RUN NORTH 64°2411" EAST A DISTANCE OF 50.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 64°24'31" EAST A DISTANCE OF 198.43 FEET; THENCE RUN SOUTH 2505744" EAST AND PARALLEL TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1 A DISTANCE OF 583.03 FEET; THENCE RUN SOUTH 64°02'16" WEST A DISTANCE OF 198.43_ FEET; THENCE RUN NORTH 25057'44" WEST A DISTANCE OF 584.32 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 115,818 SQUARE FEET OR 2.66 ACRES. Be changed from RM -6 to CG ME that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA, LYING EAST OF U.S. HIGHWAY NO. 1 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE RUN SOUTH 00038'22" WEST A DISTANCE OF 38.28 FEET TO THE INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN SOUTH 2505744" EAST ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 576.02 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE SOUTH 25°5T44" EAST A DISTANCE OF 304.75 FEET TO THE NORTH RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1- A; THENCE RUN NORTH 56°14'54" EAST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 317.93 FEET; THENCE RUN NORTH 25°5744" WEST AND PARALLEL TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1 A DISTANCE OF 261.66 FEET; THENCE RUN SOUTH 64°02116" WEST A DISTANCE OF 315.00 FEET TO SAID EAST RIGHT OF WAY AND POINT OF BEGINNING. SAID PARCEL CONTAINS 89,209 SQUARE FEET OR 2.048 ACRES. Be changed from CL to CG. All with the meaning and intent and as set forth and described in said Land Development Regulations. JULY 79 1998 -30- ORDINANCE NO. 98- 18 Effective Date: The effective date of this ordinance shall be the same as the effective date for the related comprehensive plan amendment, Ordinance #98- . If the related comprehensive plan amendment, Ordinance #98-17 is not challenged, the effective date of this rezoning ordinance shall be August 7, 1998. If the related comprehensive plan amendment, Ordinance #98-17 is challenged, the effective date of this rezoning ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the comprehensive plan amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7* day of July,1998. This ordinance was advertised in the Press-Joumal on the 20 day of June,1998 for a public hearing to be held on the 7'" day of July, 1998 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner G i nn and adopted by the following vote: Chairman John W. Tippin Aye Vice -Chairman Kenneth R. Macht Ay p Commissioner Fran B. Adams Ay e Commissioner Caroline D. Ginn Aye Commissioner Carolyn K. Eggert Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ':�WATTEST BY: t6 C JeffreXIC,Badon, Cler This ordinance was filed with the Department of State on the following date: u\v\j\lu\hale\rzonord JULY 79 1998 -31- 001-11 �, • -� I E f17, 0 6 FA G, - 9.B. PUBLIC DISCUSSION ITEM - GLENN LEGWEN - CHILDREN'S SERVICES NETWORK BUDGETING PROCESS Glenn Legwen, 5900 5' Street SW, read from his letter of June 15, 1998 with attachments as follows: Glenn L.egwen's Acaddemix Nursery Academy 5900 5th St. SW Vero Beach, Florida 32%8 �- (561)778-7791 June 15,1998 Mr. James Chandler & County Commissioners of Indian River County 1840 25th Street Vero Beach, Florida 32960 Subject: Children Services Network Budgeting process. Dear Mr. Chandler, It was quite obvious to those of us in attendance at the County Commission Meeting June 9th, Chairman John Tippin, did not wish to have anyone speak from the floor on Mrs. Ginn's request to take a closer look at the Children Services Network. Therefore, I make the following request � 1 I would ask that you place my name on the jww 23�Agenda under Items for Public Discussion so that I might ask the members of the BCC the following questions: o General Overview (Line 3) The Children's Service Network Guide ... The CSNetwork will maintain the Guide and act as an advisory board to the BCC. (Line 9 & 10) • Indian River County Code 103.04, All advisory boards of commissions shall be created by resolution instead of ordinance. Was the Children Services Network created by "resolution," or "ordinance."? Government -In-The-Sunshine Manual 1997 Edition, Volume 19 Part I; B. What Agencies Are Covered By the Sunshine Law? 1. Are all public agencies subject to the Sunshine Law? The Government -in -the - Sunshine Law applies ... It is equally applicable to elected and appointed boards or commissions. • (Chapter 11; Children Services Network, Lines 27 through 35) How can the Sheriff, the Superintendent of Schools, the Department of Children & Families' District Administrator, the Department of Health's County Health Department Administrator, a Judge living in IRC be appointed by the IRC/BCC under County Ordinance No. 97-17 and not be subject to the Sunshine Law? 1. Dr. Dearing was not in attendance at the meeting of the Grant Review and Program Committee of the CSN on June 8, 1998. Mr. Hershberg asked several questions that could not be answered by any members on the panel. Commissioner Macht said that he would talk with Dr. Dearing. Did Commissioner Macht speak to Dr. Dearing outside the confines of the normal meeting room? If he did, then is this not a violation of the Sunshine Law? I believe by appointing the two elected officials, the Sheriff and Judge Kanarec to a "Membership," level in the CSNetwork, the BCC has done them a great injustice. Any exchange of letters, faxs, computer disketts, etc. they might have between each other is a potential violation. Regardless of how inocent it might seem, any conversation they might have between committee members to include Mr. Macht is a potential violation of the Sunshine Law. In every day conduct of their business these members of our community must speak with each other. Why make it difficult for them and place them at risk? JULY 79 1998 0 -32- • In the Definition Portion of the Children Services Network Guide there is no definition given to "Grant Review and Program Committee." Where does the public find- out more about this committee? o What is the purpose of preparing a Children Services Network Guide if we are going to abrogate its purpose? 1. Chapter III Needs Assessment, Priorities & Planning. Needs Assessment. Lines 7 through 9, "The needs assessment shall include a comprehensive county -wide evaluation of children's services to produce a qualitative summary of existing programs services, activities, asset mapping and identification of unmet and undermet needs. Why haven't we done this? Do we have to go outside our local community to hire Hershberg-Salter Associates to do an evaluation of our unmet or undermet needs? 1. Line 19 through 21, Targeted surveys may be requested periodically if they are topic -specific and needed to verify a service priority for Indian River County children. The request should be written and presented to the CSNetwork. It appears to me that we prepared a "Targeted Survey" (see enclosed Needs Assessment Phone Survey) before we produced a comprehensive county -wide evaluation of existing children services. Our eagerness to obtaine, dole out, and spend the $300,000 dollars so generously place on the table by the CSNetwork has caused some of our more liberal Board of County Commissioners to leap headlong into this profuse morass of unfunded/underfunded public wellfare. I think the Board of County Commissioners should listen to Mrs. Ginn and follow her suggestion as outlined in her Indian River County Memorandum, dated June 4, 1998. Sincerely yours, Glenn W. Legwen ATTACHMENT A 1 UfMODU TION 2 3 GENERAL OVERVIEW 4 5 The Children's Services Network Guide is to be used as the primary document that contains the 6 standards, policies, procedures creating a unified system of planning and delivery within which 7 children's needs can be identified, targeted, addressed and evaluated by the Children's Services 8 Network (CSNetwork). With respect to the Guide, The Board of County Commissioners (BCC) 9 will have the approval authority on its adoption and revisions. The CSNerwork will maintain the 10 Guide and act as an advisory board to the BCC. 11 12 The CSNetwork will also receive and review proposals for allocation of funds for targeted 13 children's services and make recommendations regarding funding to the BCC. County staff will be 14 made av40able at the direction of the county administrator. Although the CSNetwork Guide will 15 be the ptihtaty source for policy and procedural guidance, the Indian River County Comprehensive 16 Plan, as well as the Comprehensive Plans of municipalities in the County, will be used where they 17 contain goals, policies, and objectives relating to children's services. 18 19 The CSNetwork Guide serves as a reference for the CSNetwork throughout the continuing 20 planning process. The main principles contained in the Guide are to: 21 22 1. Recommend to provide and maintain services for children- as the CSNetwork 23 determines are needed for the general well-being of the children in the county. 24 25 2. Collect information and statistical data and conduct research that will be helpful to the 26 CSNetwork and the county in deciding the needs of children in the county. 27 28 3. Consult, collaborate, and coordinate with other agencies dedicated to the well-being of 29 children to end duplication of services . 30 31 4. Recommend the allocation of funds for programs that provided services for the benefit 32 of children in the county. 33 34 5. Recommend standards for measurable outcomes within the request for proposal and 35 monitor the agencies for actual performance on agreed upon standards. 36 JULY 79 1998 -33- • 37 38 The primary objective of the Guide is to outline procedures to meet these principles. Children 39 should be given the opportunity to grow up as `Healthy Children in a Healthy Community." The 40 term "healthy" encompasses socioeconomic, physical, environmental, educational and behavioral 41 health. Meeting this goal will require the cooperation, collaboration and partnership of both 42 public and private agencies. The secondary objective of the guide is to recommend procedures for 43 the application for and allocation of dollars. 44 I CHAPTER II 2 3 RESPONSIBII.TITES/RELATIONSHIPS 4 5 Officials listed below are responsible for the functions indicated: 6 - 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 1. Approves policies, procedures and priorities based upon recommendations from the 10 CSNetwork. 11 12 2. Approves in writing only those children's programs or agencies proposed by the CSNetwork 13 and may approve or delete any program. 14 15 3. Authorizes all financial measures including grant applications Shared Services Network and the 16 receipt of gifts for carrying out funding of services. 17 18 4. Provides final approval of all CSNetwork recommended contracts and documents. 19 20 5. Approves the annual budget for CSNetwork programs, as well as expenses necessary to staff 21 the Executive Office. 22 23 6. Appoints members to the CSNetwork. 24 25 CUMDREN'S SERVICES NETWORK 26 27 1. Membership shall consist of thirteen (13) members appointed by the Indian River Count BCC, 28 in accordance with the provisions of County Ordinance No. 97-17 as o ows: 29 30 a) County Commissioner.' 31 b) Judge living in Indian River County designated by Chief Judge 32 c) Superintendent of Schools 33 d) Department of Children & Families' District Administrator 34 e) Department of Health's County Health Department Administrator _ 35 Wit). Law Enforcement - County Sheriff 36 g) Member from District T — 37 h) Member from District 2 — 38 i) Member from District 3 39 j) Member from District 4 — 40 k) Member from District 5 — 41 1) At -Large Member 42 m) At -Large Member 43 _ 44 CHAPTER III 2 3 NEEDS ASSESSMENT, PRIORITIES & PLANNING 4 5 NEEDS ASSESSMENT 6 - 7 The needs assessment shall include a comprehensive county -wide evaluation of children's services 8 to produce a qualitative summary of existing_ programs, services, activities, asset mapping and 9 identification of unmet and undermet needs. A needs assessment shall be done every three (3) 10 years with annual updates. This document may include results of assessments and surveys done by 11 other agencies in Indian River County. The format of the survey shall include all area of services 12 to Indian River County children and will utilize a systematic approach to identify and understand 13 the unmet and undemet needs of children. = 14 15 Asset mapping shall be conducted for the identification of programs, services and activities 16 currently in place in the county. This process identifies the location, number of individuals served 17 and potential waiting lists for unmet needs. 18 JULY 79 1998 -34- • 0 • 19 Targeted surveys may be requested periodically if they are topic -specific and needed to verify a 20 service priority for Indian River County children. The request should be written and presented to 21 the CSNetwork..If approved, then a survey will be developed and completed. The results of the 22 survey will then be used to verify the need and will be incorporated into the overall vision for 23 future funding recommendations to the BCC. 24 25 PRIORTPIES 26 27 In accordance with the planning timetable, a priority listing will be established based on the results 28 of the needs assessment. This listing may not exclude a program from being recommended for 29 funding, but the CSNetwork and the BCC should consider the priority rating as a guideline in 30 making funding decisions. A Requests For Proposals (RFP) will be initiated based upon the 31 recommended priority listing. 32 33 PLANNWG 34 35 A three (3) year Children's Services Plan shall be developed by March 30 of each year and updated 36 annually within the same time -frame. This plan describes the manner in which the CSNetwork 37 intends to implement and operate all aspects of program administration within its jurisdiction in 38 accordance with Ordinance # 97-17. The recommended Children's Services Plan will be presented 39 to the BCC for approval. 40 41 42 43 44 45 CHO.DREN'S SERVICES NETWORK OF INDIAN RIVER COUNTY Hello, my name is . rm a volunteer with the Children's Services Network of Indian River County. We are not selling anything or soliciting for money, we only want your opinions. We are catling residents whose phone numbers have been chosen randomly to get their ideas on _ issues facing children and families In our county. Do you have time now for a few questions which shouldn't take more than 5-10 minutes? -- -- If no, thank them and terminate the call. ZIP CODS (Record zip code from telephone directory Usting) Are you aver the age of 18? Qf no, may I speak with someone over 18 In the household?) = L : Do you have children under the age of 18 in the household for wh _om you are caring? Yes No ^ IL 9 yes, crow many? 111. What do you feel are the biggest problems facing the children growing up In Indian River County? W. _ _ We welcome your opinion, so rd like to name some areas of oanram and ask you to rate them as a - -problem' or Ora a problem'. 8 you feel that they are a problem. I will ask that you rank them as a high priority (needing to be addressed Immediately) or low priority (needing to be addressed In the future). _ Not a Mem Problem JULY 79 1998 1.1 Hunger in children and families 12 Unemployment — Adult 1.3 Availability of Legal Services 1.4 Housing 1.5 Homelessness 1.6 Transportation -35- LOW t1011�, l raJr �-j Not a Problem I Problem High Priority I Low Priority Y.: How long have been a resident of Indian River Courcy? -~ Years YL Please Indicate which of the Wowing best describes your ape? 18-24 Z5-44 45-64 65t That's my last question. Everyone's answers -will be combined to give us Information about the opinions on issues facing children and families in Indian River County. Thank you very much for your Om and cooperation. _ _ JULY 711998 0 -36— JULY 79 1998 • GOVERNMENT -IN - THE -SUNSHINE MANUAL 1997 Edition A Reference For Compliance with Florida's Public Records and Open Meetings Laws Volume 19 w�chuvnhtrrl-hw-IHt-bUNbHINI; MANUAL PART GOVERNMENT -IN -THE -SUNSHINE LAW c A- WHAT IS THE SCOPE OF THE SUNSHINE LAW? Florida's Government -in -the -Sunshine -Law, commonly referred to as the Sunshine Law, provides a tight of access to governmental proceedings at both the state and local levels. The law is equally applicable to elected and appointed boards and has been applied to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. Thee are three basic requirements of s. 286.011, F.S.: (1) meetings of public boards or commissions roust be open to the public: (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken. The Complete text of the Government in the Sunshine Law and related statutes may be found in Appendix B. A right of access to meetings of collegial public bodies is also recognized in the Florida Constitution. Article I, s. 24, Fla. Const., was approved by the voters in the November 1992 general election and became effective July 1. 1993. Virtually all collegial public bodies are covered by the open meetings mandate of the open government constitutional amendment with the exception of the judiciary and the state Legislature which has its own constitutional ng access. The only exceptions are those established by law or by the Constitution vision uThe Complete text of the amendment may be found in Appendix A of this Manual. The requiter ants of the Sunshine Law and Art. I, L 24, Fla Const., are discussed in detail in Part L Please refer to the Table of Contents or the Index for a listing of the specific subjects. B. WHAT AGENCIES ARE COVERED BY THE SUNSHINE LAW? 1. Are all public ageaies subject to the Sunshine Law? The Government -in -the -Sunshine Law applies to "any board or cotrunission of any state agcy or authority or of any agency or authority of any county, municipal corporation, or political subdivision." The statute thus applies to public collegial bodies within this sate, at the local as well as state level. City of Mimm Beach v. Gems, 245 So. 2d 38 (Fla. 1971).Itlt i�eoaal�v applicable to elected and appointed boards or commissions AGO 73-223. Florida courts have stated tat it was the Legislature's intent to extend application of the Sunshine Law so as to bind "every board or commission' of the state, or of any county or political subdivision over which it has dominion and control." Times Publishing Company Y. Williams, 222 So. 2d 470,473 (Fla. 2d DCA 1969), disapproved in parr on other grounds, Neu v Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985). Federal agencies. i.e.. agencies created under federal law. operating within the state do not come within the purview of the state Sunshine Law. AGO 71-191. See also. Cincinnati Gas and Electric Company Y. General Electric many. 854 R2d 900 (6th Cir. 1998) (public has do rix ht of access to negotiations leading to -37- AGE' I settlement of a case in federal court). Cf., Inf. Op. to Barbara A. MarkhamL, September 10, 1996 (technical oversight committee established by state agencies as part of settlement agreement in federal lawsuit subject to Sunshine law). Based upon the specific terms of the statute and the 'dominion and control" test approved by the courM the following are some of the entities which have been found by this office to fall within the scope of the Sunshine Law: Regarding the "General Overview", Deputy County Attorney Will Collins noted that there may be some inherent conflict in the ordinances creating committees and advisory commissions. Commissioner Macht noted that all procedures regarding the organization of the Children's Services Network were approved by Assistant County Attorney O'Brien. Mr. Legwen then read from the paragraph entitled "Government -In -The -Sunshine" and noted that he believed it was a great injustice to appoint elected officials to advisory boards, making them subject to the Sunshine Law. He noted occasions where the Sheriff and the Chairman of the School Board came together and might possibly discuss some matter - relating to the Children's Services Network, no matter how minor. Commissioner Eggert stated that traditionally members of committees do not discuss matters to come before their committees. Attorney Collins commented that various public officers, in the performance of their duties, can certainly talk to each other about their various responsibilities but they do need to be vigilant when they are on the same boards to not discuss any matter which will subsequently come before that board. However, there are means of communication which are open to them, such as a written memorandum with a copy to the press box. Mr. Legwen believed there could be a problem with subcommittees who may not be aware of the Sunshine Law and questioned how those members are chosen. Commissioner Ginn stated that members of the subcommittees are appointed by the Chairman, and Mr. Legwen thought it would be possible for such a chairman to appoint all his friends to assure the outcome of a vote. Commissioner Eggert noted that all committee and subcommittee members are made aware of the Sunshine Law. Commissioner Macht also noted that all members of the CSN committee and subcommittee had specifically read the Sunshine Law and been very comprehensively briefed by Attorney O'Brien. The Grant Review Committee meets weekly on their own time to go through some very exhaustive procedures. Mr. Polackwich is the Committee Chairman, with many demands on his time as an attorney with a young family, but he feels the importance of this mission. He spends 2 to 3 hours a week on the CSN. Other members of the committee have young children and yet devote much of their time to these matters. Kip Jacoby, one of the finest young men you will ever know, just established a new JULY 79 1998 -38- accounting fun, but donates his time and services at no charge to the Committee. The Committee has spent hour after hour attempting to implement the Guide; however, it is probably not within the power of the Committee to fully implement it. More and more it becomes apparent that the needs of children are so deep and so far beyond what was imagined, that it will take years to implement. All the Committee can do is try to be constructive and gather the information little -by -little. Commissioner Ginn believed more care should be taken to conform to the Sunshine Law and commented that members have been added to the committees and subcommittees without approval by the Board. She is presently working on a memorandum regarding her concerns and believed there are serious problems which should be addressed. Mr. Legwen then read from a letter of March 24, 1998 from Alan S. Polackwich: CLEM, POLACKWICH & VOCELLE ATMRNEYS AT LAW A PARTNER8HIP jNCLUDING PROFEssioNAL ABsocIATIONS: CHESTER CLEM. P.A.* ALAN 3 POLACRWICH, SR. P.A. Louis R VocELLE. JR, P.A."I PAUL L BERG JANET C ARNOLDA ROBERT GOLDEN OF Cowan •B"n Ccumm CIVIL UAL LAwvEI "Baso CERinED Busuass Lmasnox LAWMR ICEWnrm CWM MEDIA"I 'Al Amur D in MEAN/ Mr. Gene Waddell 8155 - 25th Street Vero Beach, FL 32966 Surm 501 I1imm BUILDING 2770 INDIAN RLvER BouLEvA= VERO BEACH. FLORIDA 92960-4278 TELEPHONE (561) 662.8111 FAX (661) 662.2870 http:1/W W W.RuneLnet/ft1z v E•MAD. cpnesunet net March 24, 1998 ,5 (,,'7- L4 001 B&zvAEo Couwn 0mcE .904 EASE STRAWBEmGE Aw.NOE MELEODUNE. FLORIDA $2901 TEI.BPRoNE (407) 725.3303 PLEASE REPLv To VERo BEACH RE: Children's Services Network - Grant Review C-4 ttee Dear Mr. Waddell: I am writing this letter in my capacity as chairman of the Grant Review Committee for the Children's Services Network. The Committee is about to embark on its first review of grant applica- tions. Currently there are seven members on the Committee, each of whom is also a member of the Children's Services Network. The Committee has decided that it will be more effective in its task if it has additional members, representing additional viewpoints and backgrounds. For that reason, I am writing to invite you to serve on the Grant Review Committee as it reviews this first round of applications. It is antici- pated that the Committee will meet and review applications during the ninety (90) day period from approximately April 1 through June 30. The specific meeting dates have not yet been selected. If you are interested, please let me know in writing at your earliest convenience. I believe your selection will have to be confirmed by the Board of County Commissioners, but do not anticipate any problem in that regard. I will wait to hear from you. Very truly yours, RECEIVED JUL 0 7 1998 CCLERK TOTHE BOARD Alan S. Polackwich, Sr. JULY 79 1998 -3 9- 4'j D "'371 rJB 1 0 FAG-�= Mr. Legwen questioned why the evaluations could not be done in-house and expressed his concern that if the County announces it has $300,000 to disburse this year; they will be inundated with requests and need to come up with $600,000 next year and $900,000 the next year. Chairman Tippin observed that a workshop would be helpful but felt the Network fulfills a purpose and that this is a better way to distribute the funds than to have the organizations appear before the Board and feel that those who can make a more polished presentation have a better chance of obtaining funding. Commissioner Macht noted that the County could imitate some of its sister counties and have a referendum, creating an independent board with authority beyond that of the committees; in effect, another taxing district. He felt the Committee is doing the best it can and suggested that those with doubts might meet with representatives of the United Way and see how they are struggling with limited funds. We all like to think of this as an upscale community but there is a lot of grief in this area and we need to build an organization to oversee these needs. When you look at 3 different organizations, it may appear that their services overlap but there are large groups of persons needing the services and each can only cover a small portion of the need. Chairman Tippin suggested that a workshop be set up when County Attorney Vitunac returned from vacation. Mr. Legwen pointed out that he has been involved with Children's Services Network since its inception and believes it is a wonderful concept. CONSENSUS was reached that the County Attorneys will set up a workshop and report back to the Board. 9.C. PUBLIC NOTICE ITEMS 9.C1. ROBERT COOK- REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR AGRICULTURAL BUSINESS TO BE LOCATED ON THE NORTH SIDE OF 26T f STREET, APPROXIMATEL Y 1/4 MILE WEST OF 74wAVENUE 9. C.2. SPA LLONE/ARCHIE CARR LAAO SITE - REQUEST TO APPROVE PURCHASE JULY 79 1998 0 -40- The Chairman read a Memorandum of June 30, 1998: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: `Robert M. Keating, AIC Community Development D' r 4.6 - FROM: Stan Boling, AICP Planning Director DATE: June 30, 1998 SUBJECT: Notice of Scheduled Public Hearings It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1998. Please be advised that the following public hearings have been scheduled for Board consideration at its July 14, 1998 meeting: - 1. Request by Robert Cook for special exception use approval for an agricultural business to be located on the north side of 26th Street, approximately 1/4 mile west of 74' Avenue. 2. Request to approve purchase of the Spallone/Archie Carr LAAC site. The above referenced public hearing dates are provided for the Board of County Commissioners information. No action is needed. No action required or taken. JULY 79 1998 4� j CIO ;Ir Gr " 11.A. SEBASTIAN AREA -WIDE SCRUB JAY HABITAT CONSERVATION PLAN (HCP) - CONTRACT FOR DEVELOPMENT WITH SMITH ENVIRONMENTAL SERVICES, INC. The Board reviewed a Memorandum of June 30, 1998: TO: James E. Chandler County Administrator PA TMENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development F�for FROM: Roland M. DeBlois; �IICP Chief, Environmental Planning DATE: June 30, 1998 SUBJECT: Board Approval of Contract with Smith Environmental Services, Inc., for Development of a Sebastian Area -Wide Scrub Jay Habitat Conservation Plan (HCP) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 7, 1998. DESCRIPTION AND CONDITIONS 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. In February, county staff issued an RFP, and subsequently an appointed selection committee chose Smith Environmental Services, Inc. (SES) as the top-ranked firm out of 11 proposals. On June 9, 1998, the Board of County Commissioners approved the selection committee's ranking, and authorized staff to negotiate a contract with SES. Staff has since negotiated a contract with Smith Environmental Services. The proposed contract (see attached) is hereby presented for the Board's approval. ANALYSIS Attachment A ("Scope of Services") of the contract reflects the scope of work outlined in the County's RFP. The proposed contract commits the consultant to complete the project in 6 months, at an overall cost of $24,440 (376 work hours at $65 per hour). As presented earlier to the Board, the County funding source for the project will be county environmental land bond monies, for which the expenditure qualifies according to bond counsel. In previous presentations to the Board, county staff estimated that the HCP would cost approximately $20,000. However, during the course of the consultant selection process, it became apparent to staff that the estimate was low, in that consultants' estima[es of work hours needed for the project were as high as 1,972 hours. In negotiating the contract with SES, staff coordinated with SES and the U.S. Fish and Wildlife Service to pair down consultant work hour needs, by means of county and FWS staff collecting available data and providing such things as aerial maps. Staffs position is that the negotiated contract with SES is "lean," and that the cost of $24,440 is appropriate given the scope of work. JULY 79 1998 . -42- • I • • Concerning liability insurance, the consultant is exempt nom requirements under the State of Florida Worker's Compensation laws. The County Risk Manager and attorney staff have reviewed the contract, and have indicated that hold harmless language in the contract (Section 10 of Attachment B) sufficiently addresses liability. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached contract between Indian River County and Smith Environmental Services, Inc., for development of a Sebastian area - wide scrub -jay habitat conservation plan, and that the Board authorize staff to issue a Notice to Proceed to SES upon execution of the contract by the Board Chairman. MOTION was made by Commissioner Eggert, SECONDED by Commissioner Ginn, that the Board approve the contract with Smith Environmental Services, Inc. for development of a Sebastian area - wide scrub jay habitat conservation plan, and authorize staff to issue a Notice to Proceed to Smith Environmental Services upon execution of the contract by the Board Chairman, as recommended by staff. Under discussion, Commissioner Adams stated her concern that some of the lots would still fall within the designated habitat area and the owners would still be unable to develop them. Chief of Environmental Planning Roland DeBlois stated that Fish & Wildlife Service was involved in the selection process and has indicated they would give us as much latitude ,0 as possible. The properties appear to be sufficient for mitigation. Commissioner Adams wanted to know that, when this plan is finished, these lots will be free for development, and Community Development Director Bob Keating responded in the affirmative. It is the intent of Fish & Wildlife Service that the property will meet the mitigation ratios and, once the plan is implemented, those lots will be free to be developed. JULY 79 1998 THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD -43-„�' U' 11.E. 1998-99 BUDGET HEARING DATES RESCHEDULED The Board reviewed a Memorandum of July 7, 1998: TO: Members of the Board of County Commissioners DATE: July 7, 1998 SUBJECT: 1998/99 BUDGET HEARING SCHEDULE _ FROM: Joseph A Baird OMB Director On March 17, 1998 the Board of County Commissioners approved the 1998/99 budget workshop and hearing dates. Staff recently learned of a conflict with the School Board concerning the first budget hearing date of September 8, 1998 at 5:01. The School Board has scheduled their final budget hearing for this same date. Staff would like permission from the Board of County Commissioners to change the date of the first budget hearing from Tuesday, September 8, 1998 at 5:01 p.m. to Wednesday,. September 9, 1998 at 5:01 P.M. After discussion, CONSENSUS was reached to hold the first Budget Hearing on September 16, 1998 at 5:01 p.m. and the final Budget Hearing on September 24, 1998 at 5:01 p.m. JULY 79 1998 -44- • 11.G. REPLACEMENT VEHICLE FOR ENGINEERING DIVISION OF PUBLIC WORKS DEPARTMENT - VERO LINCOLN -MERCURY - 1998 JEEP CHEROKEE The Board reviewed a Memorandum of June 24, 1998: TO: James Chandler County Administrator 1 THROUGH: James W. Davis, P. I Public Works Director J FROM: / Roger D. Cain, P.E. �✓ County Engineer ' SUBJECT: Purchase of Replacement Vehicle for Engineering Division DATE: June 24, 1998 DESCRIPTION AND CONDITIONS Due to an accident, which was not the responsibility of a county employee, the Engineering Division needs to replace the vehicle damaged due to the age, condition and expense of repairing it. Ordinarily, the purchase could be made from the state contract for vehicles from which local governments may purchase without the formality of bids or quotes. Unfortunately the current state contract for vehidles has_expired and no purchase can be made from it. The Engineering Division needs the vehicle immediately as the existing vehicle is not usable. Staff was able to get a suitable vehicle (a new Jeep Cherokee, 2WD, 4Door) quoted for $18,256 from Vero Lincoln Mercury Jeep Eagle. This compares favorably with the state contract for similarly equipped Jeep Cherokees of $18,400. Staff contacted several local dealers and other state contract dealer suppliers and this was the best quote of any received. Rather than go through the lengthy process of soliciting bids for one vehicle, staff believes soliciting quotes has provided an economic alternative for this emergency. ALTERNATIVES AND ANALYSIS Alternative 1: Approve the purchase of the Jeep Cherokee from Vero Lincoln Mercury Jeep Eagle in the amount of $18,256. Alternative 2: Do not approve the purchase of the vehicle from Vero Lincoln Mercury Jeep Eagle. RECOMMENDATION AND FUNDING Staff recommends Alternative 1, funding to be from account number 111-244-541-066.42 JULY 79 1998 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the purchase of the Jeep Cherokee from Vero Lincoln Mercury Jeep Eagle in the amount of $18,256, as recommended by staff. -45- E �, p. FGi ,44 Fr- 1ell r 1 l", �� FA �,..li3 H.H. RESOLUTION 98-70 - FINAL ASSESSMENT - WEST MEADOWS WATER SERVICES - 45TH AVENUE AND 45TH COURT - NORTH OF 41H STREET The Board reviewed a Memorandum of June 10, 1998: DATE: JUNE 10, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P. DIRECTOR OF UTILITY PREPARED JAMES D. CHAi!L�I`I`Y AND STAFFED MANAGER OF PROJECTS BY: DEPARTMENT SERVICES SUBJECT: WEST MEADOWS WATER SERVICE 45TH AVENUE AND 45= COURT, NORTH OF 4= STREET INDIAN RIVER COUNTY PROJECT NO. UW -97 -05 -DS RESOLUTION IV - FINAL ASSESSMENT On September 2, 1997, the Indian River County Board of County Commissioners approved Resolution 111, (97-89), for the preliminary assessment roll on the above -referenced project. Construction of the project has been completed. Customer connections have begun, and we request the Board of County Commissioners' approval of the final assessment roll. (See attached minutes and Resolution III.) ANALYSIS The preliminary assessment was for a total estimated cost to be assessed of $76,000.00, which equated to $0.119693 per square foot of property owned. The final assessment (see attached Resolution IV and the accompanying assessment roll) is in the amount of $61,452.16, which equates to a cost of $0.093325 (rounded) per square foot of property. This is a project cost and assessment reduction of 19.14%. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 98-070 certifying "as -built" costs for installation of water service to West Meadows Subdivision and such other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest. JULY 79 1998 • As &M (Phial Rio.) SI98(=MWsbuM)Vk1bC *Adding one parcel to assessment roll RESOLUTION NO. 98- 70 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT' COSTS FOR INSTALLATION OF WATER SERVICE TO WEST MEADOWS SUBDIVISION AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that water improvements for properties located within the area of West Meadows Subdivision (45th Avenue and 45th Court north of 4th Street) are necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, September Z 1997, the Board held a public hearing at which time and place the owners of property to be assessed appeared before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 97-89, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built' cost now that the project has been completed is less than In confirming Resolution No. 97-89, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 97-89 is modified as follows: The completion date for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 8.5% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 97-89 shall be as shown on the attached Exhibit "A° and shall also include one additional parcel to be added on a voluntary basis, i.e., #16-33-39-000040000.00001.0 which Is owned by Michael L. and Janine A. McCall, as shown on Exhibit "B" attached. 4. The assessments, as shown on the attached, shall stand confirmed, and will remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on Exhibit "A," attached to Resolution No. 97-89, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. The assessment shown on Exhibit "B" shall be recorded on the public records of Indian River County, and this lien shall remain prima facie evidence of a binding first lien against the property shown. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner G i nn , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye JULY 79 1998 • -47- fnr OU PAGE�4q Er,'K, 100 pnr. s,r'�tel RESOLUTION 98-70 The Chairman thereupon declared the resolution duly passed and adopted this 7 day of July, 1998. Attest: J. K. Barton, CI Deputy Clerk Attachment: ASSESSMENT ROLL J. D. C. JUNE 10 , 1998 WMDOWS 1.WK4 JULY 79 1998 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIQA Bye John W. i n Chairman (8rt G I Ai`rOwO 6U��Ud1 Gevl FisK wt�. FINAL ASSESSMENT ROLL INDIAN RIVER COUNTY PROJECT NO. UW- 97 - 05 - DS WEST MEADOWS SUBDIVISION WATER SERVICE INDIAN RIVER COUNTY, FLORIDA JEXHIBIT "A" i 48 • - ----- ------ PARCEL # 16 33 39 00004 0000 00001.0 SQ. FT. 23,517 ASSESSMENT 2,194.72 OWNER MCCALL, MICHAEL L & JANINE A PO BOX 650363 VERO BEACH. FL 32965-0363 LEGAL WEST MEADOWS SUB PBI 10.82 LOT 1 .............. PARCEL # 16 33 39 00004 0000 00002.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER PERKINS, RICHARD E 440 45TH AV VERO BEACH. FL 32962-1841 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 2 PARCEL # 16 33 39 00004 0000 00003.0 SQ. FT. 23,517 ASSESSMENT 2~ 1~ 94 72 OWNER LOVE, F E & DOROTHY E 470 45 TH AV VERO BEACH. FL 32968-1841 LEGAL WEST MEADOWS SUB PBI 10.82 LOT 3 PARCEL # 16 33 39 00004 0000 00004.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER GRIFFETH , MARC A & JOYCE V 490 45 TH AV VERO BEACH, FL 32968-1841 WEST MEADOWS SUB PBI 1082 LOT 4 PARCEL # 16 33 39 00(X04 0000 00005.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER KONDZIOLA , MICHAEL & MARY E 510 45 TH AV VERO BEACH, FL 32968-1855 WEST MEADOWS SUB PBI 10.82 LOT 5 PARCEL # 16 33 39 00004 0000 00006.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER SELPH , JESSE & CHARLOTTE K 550 45 TH AV VERO BEACH, FL 32968-1855 WEST MEADOWS SUB PBI 10-82 LOT 6 PARCEL # 16 33 39 00004 0000 00007.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER LUTHER. HELEN 590 45 TH AV VERO BEACH, FL 32966-1855 WEST MEADOWS SUB PBI 10-82 LOT 7 PARCEL # 16 33 39 00004 0000 00008.0 SO. FT. 23,517 ASSESSMENT Z194.72 OWNER WALLACE, KYLE D & SUSAN VANN 595 45 TH AV VERO BEACH, FL 32968-1842 WEST MEADOWS SUB PBI 10-82 LOT 8 PARCEL # 16 33 39 00004 0000 00009.0 SO. FT. .............. 23,517 ASSESSMENT 2,194.72 OWNER RAGSDALE , DENNIS S. & LA TRELLE 115 22 ND AVE VERO BEACH. FL 32962 WEST MEADOWS SUB PBI 10.82 LOT 9 PARCEL # 16 33 39 00004 0000 00010.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER DEMPSEY , DANIEL & RANDI 6910 33 RD ST VERO BEACH. FL 329601406 WEST MEADOWS SUB PBI 10-82 LOT 10 PARCEL # 16 33 39 00004 0000 00011.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER MARSHBANKS , ROBERT A & SUE 215 22 ND AV VERO BEACH. FL 32960-2658 WEST MEADOWS SUB PBI 10-82 LOT 11 PARCEL # 16 33 39 00004 0000 00012.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER BARKETT , GEOFFREY K & ALLISON M. 475 45 TH AV VERO BEACH, FL 32968-1842 WEST MEADOWS SUB PBI 10-82 LOT 12 PARCEL # 16 33 39 00004 0000 00013.0 SO. FT. 23,517 ASSESSMENT 2� 1 72 OWNER BORNE. LAWRENCE J. III & ELIZABETH 385 11 TH PL S W VERO BEACH, FL 32962 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 13 .............. PARCEL # 16 33 39 00004 0000 00014.0 SO. FT OWNER FERSCH , HARRY W III & HARRIETT 415 45 TH AV VERO BEACH, FL 32968-1842 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 14 JULY 79 1998 23,517 ASSESSMENT 2,194.72 t,G�K Ut) FAGS X40 PARCEL 9 16 33 39 00004 0000 00017.0 SO. FT. EO i`fit 7 1 PARCEL # 16 33 39 00004 0000 00015.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER JOHNSON, JERRY D & CONNIE K 410 45 TH CT VERO BEACH, FL 32968-1843 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 15 23,517 ASSESSMENT 2,194.72 PARCEL # 16 33 39 00004 0000 00016.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER MACWILLIAM , ROBERT & BARBARA 440 45 TH CT VERO BEACH, FL 32968-1843 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 16 23,517 ASSESSMENT 2,194.72 PARCEL 9 16 33 39 00004 0000 00017.0 SO. FT. 23.517 ASSESSMENT 2,194.72 OWNER WRIGHT, EDWIN G& FREDA R 5300 HWAY A 1 A # 207 VERO BEACH, FL 32963-1018 LEGAL WEST MEADOWS SUB PBI 10.82 LOT 17 PARCEL # 16 33 39 00004 0000 00018.0 S0. FT. 23,517 ASSESSMENT 2,194.72 OWNER CLOUGHLEY , JAMES E& KIM M 490 45 TH CT VERO BEACH. FL 32968-1843 LEGAL WEST MEADOWS SUB PBI 1082 LOT 18 PARCEL # 16 33 39 00004 0000 00019.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER SCHWEY , PAUL H & BRONWYN 510 45 TH CT VERO BEACH, FL 32N8-1858 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 19 lIrNMNMMM PARCEL # 16 33 39 00004 0000 00020.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER WRIGHT, EDWIN G & FREDA R 5300 HWAY A 1 A # 207 VERO BEACH, FL 32963-1018 LEGAL WEST MEADOWS SUB PBI 1082 LOT 20 PARCEL 9 16 33 39 00004 0000 00021.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER ROBERTS, CHARLES E III & BONNIE 590 45 TH CT VERO BEACH, FL 32968-1856 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 21 PARCEL 9 16 33 39 00004 0000 00022.0 80. FT. 23,517 ASSESSMENT 2,194.72 OWNER MOORHOUSE , GARY R & JUDITH A 595 45 TH CT VERO BEACH, FL 32966-1857 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 22 PARCEL # 16 33 39 00004 0000 00023.0 S0. FT. 23,517 ASSESSMENT 2,194.72 OWNER MONTUORO , VINCENT J JR & EVANTHIA K 555.45 TH CT VERO BEACH. FL 32968-1857 LEGAL WEST MEADOWS SUB PBI 10412 LOT 23 PARCEL # 16 33 39 00004 0000 00024.0 S0. FT. 23,517 ASSESSMENT 2,194.72 OWNER JEFFERSON, RICHARD F & ELIZABETH A 185 16 TH AV VERO BEACH, FL 32968-2708 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 24 0.0 *so- bosses PARCEL # 16 33 39 00004 0000 00025.0 80. FT. 23,517 ASSESSMENT 2,194.72 OWNER GATES, JOHN K & LAURA C 495 45 TH CT VERO BEACH. FL 32968-1844 LEGAL WEST MEADOWS SUB PBI 10.82 LOT 25 PARCEL # 16 33 39 00004 0000 00026.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER ZWERNER , JOSHUA E & LINDA S 475 45 TH CT VERO BEACH. FL 32968-1844 LEGAL WEST MEADOWS SUB PBI 10.82 LOT 26 .............. PARCEL 9 16 33 39 00004 0000 00027.0 SO. FT. 23,517 ASSESSMENT 2,194.72 OWNER COLLINS, JOHN CLAYTON & SARA JENAE 445 45 TH CT VERO BEACH, FL 32968-1844 LEGAL WEST MEADOWS SUB PBI 10-82 LOT 27 JULY 79 1998 -50- PARCEL # 16 33 39 00004 0000 00028.0 SQ. FT. 23,517 ASSESSMENT 2,194.72 OWNER STEWART , JOHN N & PAMELA G 415 45 TH CT VERO BEACH. FL 32968-1844 LEGAL WEST MEADOWS SUB PBI 10.82 LOT 28 ............« TOTAL SQUARE FOOTAGE 658,476 TOTAL COST TO BE ASSESSED COST PER SQUARE FOOT $0.09332496552 ROUNDED TO $0.093325 JUNE, 101998 JOC WMDOWS3.WK4 TO: INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 1840 25TH STREET _VERO BEACH, FLORIDA 32960 SUBJECT: WEST MEADOWS SUBDIVISION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -97-05-D9 I/we want to be included in the above water assessment project. Parcel No. 16 33 39 00004 000n nnnm n Name of Owners Michael L. McCall Property Address JULY 79 1998 Janine A. McCall 410 45d Avenue Vero Beach, Florida 32969 $61,452.16 EA -51- C.') -r -U 13 F,1GE �4 12. RESOLUTION 98-71- APPOINTING 1998 VALUE ADJUSTMENT BOARD (VAB) MEMBERS AND PROVIDING FOR PER DIEM COMPENSATION The Board reviewed a Memorandum of June 23, 1998: TO: The Board of County Commissioners FROM: tom— William G. Collins II - Deputy County Attorney DATE: June 23, 1998 SUBJECT: Resolution Appointing Value Adjustment Board Members and _ Providing for Per Diem Compensation for Value Adjustment Board Members Pursuant to Chapter 194, Florida Statutes, the Board is advised to: 1. Appoint by Resolution three members of the Board to serve on the Value Adjustment Board for 1998, with the two remaining members designated as alternates. 2. Provide by resolution for per diem compensation to the Value Adjustment Board members. The amount of such compensation is established by statute if both the County Commission and School Board elect to allow such compensation. The School Board has made such an election. Two- fifths of the expenses are borne by the School Board and three-fifths by the County Commission. An appropriate resolution is attached for your approval. RECOMMENDATION Appoint Board members and alternates. 2. Approve the attached Resolution. 3. Select a date for an organizational meeting with School Board and Property Appraiser. The Property Appraiser has requested the meeting be held on Tuesday, August 11, 1998 at 8:45 a.m. in the First Floor Conference Room of the County Administration Building. JULY 79 1998 0 -52- ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously (1) appointed Commissioners Adams, Macht, and Ginn, to serve on the Value Adjustment Board for 1998, with Chairman Tippin and Commissioner Eggert designated as alternates; (2) selected Tuesday, August 11, 1998 at 8:45 a.m. in the First Floor Conference Room of the County Administration Building for the organizational meeting with the School Board and Property Appraiser; and (3) adopted Resolution 98-071 appointing the 1998 Value Adjustment Board Members and waiving statutory per diem compensation. RESOLUTION NO. 98-71 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPOINTING THE 1988 VALUE ADJUSTMENT BOARD MEMBERS, AND REJECTING STATUTORY PER DIEM COMPENSATION. WHEREAS, the Board of County Commissioners Is required to appoint three members to the Value Adjustment Board by Florida Statutes, Section 194.015; and WHEREAS, the School Board of Indian River County has appointed its membership to the Board with allowance of per diem compensation for such members in accordance with Florida Statutes, Section 194.015 (1997); and WHEREAS, the cited statute requires a specific election from both the County Commission and the School Board in order to allow such compensation; and WHEREAS, the Board of County Commissioners of Indian River County elect to waive the statutory per diem compensation, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: 1. The foregoing recitals are hereby ratified and acknowledged; 2. Commissioners Adams, Macht, and Ginn are appointed to the 1998 Value Adjustment Board with Commissioners Tippin and Eggert as alternates; and JULY 79 1998 r �-- 3. The above-named members of the 1998 Value Adjustment Board, or their duly authorized replacement, may not receive per diem compensation for services provided on the board as allowed by law for State employees, pursuant to the above cited statute. The foregoing resolution was offered by Commissioner Macht and seconded by Commissioner Ginn, and, upon being put to a vote, the vote was as follows: John W. Tippin, Chairman Aye Kenneth R. Macht Vice Chairman Aye Caroline D. Ginn Aye Fran B. Adams Aye Carolyn K Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of July, 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Jo ppin, C ATTEST: APPROVED A$ TO FORM AND LEGAL SUFFICIENCY S�� Jeffrey Barton Cl BY MAO ,�C WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY U.B. FLORIDA INTERMODAL TRANSPORTATION SUMMIT REPORT AND NOMINATION TO THE GOVERNOR'S FREIGHT TASK FORCE The Board reviewed a letter of June 19, 1998: \ STATE OF FLORIDA ►: Wtr>e of t t seven= 4�ae WE �*THE CAMOL TALLAHASSEE. FLORIDA 37399.0001 LAwnNN C LES CKWMU 0R June 19, 1998 Mr. Kenneth R. Macht, Commissioner Board of County Commissioners Indian River County Metropolitan Planning Office 1840 - 25th Street Vero Beach, Florida 32960 Dear Mr. Macht: FMi'3.! 10 G.r:rris.;ivt�ar5 �� awu At1t-;n�wr Atf].'nCa Senor,..I CamTt1nny Ut81?ies Finance OA18 Efierg. Sere . Risk AUL Other —� JUL 0 2 1998 60.E =:C _ -. CC:.i.., c L . Thank you for participating in Florida's Intermodal Transportation Summit, an event that marked the beginning of an effort to improve Florida's intermodal transportation system. Governor Lawton Chiles clearly expressed the mission that lies ahead - turn Florida from a trade gateway into a trade speedway. He and other participants provided recommendations on how that can be accomplished, including: JULY 7, 1998 • -54- 0 6 r • Form a Freight Task Force. • Think strategically, have a timetable and clear goals. • Have a collaborative and action -oriented focus. • Get involved and educate each other. The Freight Task Force provides an excellent forum for implementing these and other recommendations. Bringing the talent that exists in Florida to a common table will allow us to achieve Governor Chiles' goal for Florida's intermodal transportation system. Contact Robert G. Hebert, Administrator, Ports/Intermodal Rail Office, Florida Department of Transportation at Phone: 850/4144500, Fax: 850/9224942 to obtain details on the fust Task Force meeting. If I can be of any assistance, please contact me at 850/488-2960. Sincerely, Paul D. Moses Special Liaison for Florida Seaports After discussion, CONSENSUS was reached to appoint Community Development Director Bob Keating or MPO Planner Jacob Riger to the Governor's Freight Task Force. B.C. LAND ACQUISITION AND MANAGEMENT ADVISORY COMMITTEE MEETING REPORT REGARDING THE COUNTY'S DESIRE FOR SHARED TITLE TO ENVIRONMENTAL LAND ACQUISITIONS Commissioner Adams reported on the meeting last Thursday in Tallahassee of the Land Acquisition and Management Advisory Committee, which she attended with Attorney William Roberts, the County's environmental adviser. She noted that one of the problems discussed at that meeting was whether closing statements would have to be reviewed by each county's attorneys. They will meet again on July 23'd when LAMAC will direct staff to list all the pros and cons of allowing the County to retain a title interest in environmental land purchases and present them at the August meeting. It looks very promising and she felt confident it will all work out but believed it would be important for as many of the Commissioners as possible to attend the August meeting to show support for the premise. Chairman Tippin thanked Commissioner Adams for representing the Board in this issue which is so important to the County. JULY 79 1998 -55- HSA � F,1GE Jaz ELr'? N FnE253 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved out -of -county travel for all Commissioners to the August, 1998 meeting of the Land Acquisition and Management Advisory Committee in Tallahassee. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:20 a.m. ATTEST: J. K. Barton, Clerk Minutes Approved:d4 JULY 711998 J ! W. Tipiin,Clfai6an