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HomeMy WebLinkAbout9/8/1998• • MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, SEPTEMBER 8, 1998 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS John W. Tippin, Chairman (District 4) James E. Chandler, County Administrator Kenneth R. Macht, Vice Chairman (District 3) Fran B. Adams (District 1) Charles P. Vitunac, County Attorney Carolyn K. Eggert (District 2) Caroline D. Ginn (District 5) Jeffrey K. Barton Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac - 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS B.A.1. Passing of County Employee Jimmie Moseley 13.A.2. Treasure Coast Council of Local Governments, Annual Dinner Meeting 13.A.3. Diversity of Government Mail - Clean Air Efforts versus Prescribed Burning B.C. United Way - Fifth Annual Day of Caring 13.E. Solid Waste Disposal District Assessment Hearing Date/Time 3: PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of August 25, 1998 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) LR Mem. Hosp. Schedule ofMeet- ings for Sept., `98; 2) Vero Lakes Water Control District Notice of Regular Meeting for Sept. 15, `98 at 9:30 a.m., at 3333 20th St., Vero Beach, FL; and Budget for the year Ending Sept. 30, `99 B. Approval of Warrants (memorandum dated August 27, 1998) 1-11 C. Old Dixie Rental Corporation's Request for Site Plan Extension (memorandum dated September 2, 1998) 12-17 D. Miscellaneous Budget Amendment 028 (memorandum dated September 2, 1998) 18-19 E. Economic Opportunities Council Weatherization Program - Budget Amendment 027 (memorandum dated September 2, 1998) 20-22 BOOK '-'7' ) ll PAGE d� BOOK AG PAGE iJU BACKUP 7. CONSENT AGENDA (cont'd.): PAGES F. Payments to Vendors of Court Related Costs (memorandum dated August 28, 1998) 23 G. Resolution Accepting Right -of -Way Dedication and Cancelling Taxes on Acquired Property (memorandum dated September 1, 1998) 24-28 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Cherrywood Estates Petition Water Service 59th Ave., South of 33rd St. (Cherry Lane) Resolution III (memorandum dated August 28, 1998) 2946 2. Board Approval to Purchase 6 of 9 Parcels in the "Round Island South" Project Under the County Environmental Lands Program (Legislative) (memorandum dated August 31, 1998) 47-123 B. PUBLIC DISCUSSION ITEMS Board Consideration of Staff Interpretation Regarding Application of County's Non -Conformity Provisions to the Pot -Bellied Pig Prohibition (Legislative) (memorandum dated July 29, 1998) 124-125 (postponed from meeting of August 11, 1998) C. PUBLIC NOTICE ITEMS Public Hearing Item Scheduled for September 15, 1998: Randle Properties Inc. request to rezone approximately 4.99 acres from CG to PD (Commercial) for a mini storage facility. The subject is located on the south side of St. Rd. 60 directly south of 85th Court and the Citrus Ridge Post Office (Quasi -Judicial) (memorandum dated August 31, 1998) 126 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Communily Development None B. Emergengy Services 1. Hurricane Evacuation Procedures and Public Information (memorandum dated August 26, 1998) 127 (postponed from meeting of Sept. 1, 1998) G. Public Works 1. Wabasso Causeway Park Beautification Project FDOT Grant and Maintenance Memorandum of Agreement (memorandum dated August 31, 1998) 132-142 2. Gifford Park Picnic Pavilion, Change Order No. l (memorandum dated August 28, 1998) 143-146 3. King's Highway Roadway Improvements Select Fill - Change Order No. 2 (memorandum dated September 2, 1998) 147-149 H. U ' 'ties 1. River Park Place Developer's Agreement - Final Payment (memorandum dated August 26, 1998) 150-157 2. Grace's Landing Developer's Agreement - Final Payment (memorandum dated August 26, 1998) 158-168 3. Laurelwood Wastewater Treatment Plant Termination of Lease Agreement (memorandum dated August 31, 1998) 169-175 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman John W. Tippin B. Vice Chairman Kenneth R. Macht pm 106 P'GF 7 07 11. DEPARTMENTAL MATTERS (cont'd.): BACKUP PAGES B. Emergency Services (cont'dl 2. Approval of Resolution Reauthorizing Imposition of E911 Fees (memorandum dated August 24, 1998) 128-131 C. General Services None D. Leisure Services None E. Office of Management and Bud,�et None F. Personnel None G. Public Works 1. Wabasso Causeway Park Beautification Project FDOT Grant and Maintenance Memorandum of Agreement (memorandum dated August 31, 1998) 132-142 2. Gifford Park Picnic Pavilion, Change Order No. l (memorandum dated August 28, 1998) 143-146 3. King's Highway Roadway Improvements Select Fill - Change Order No. 2 (memorandum dated September 2, 1998) 147-149 H. U ' 'ties 1. River Park Place Developer's Agreement - Final Payment (memorandum dated August 26, 1998) 150-157 2. Grace's Landing Developer's Agreement - Final Payment (memorandum dated August 26, 1998) 158-168 3. Laurelwood Wastewater Treatment Plant Termination of Lease Agreement (memorandum dated August 31, 1998) 169-175 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman John W. Tippin B. Vice Chairman Kenneth R. Macht pm 106 P'GF 7 07 BOOK J0 �AC,F. B'a 13. COMMISSIONERS ITEMS (cont'd.)• BACKUP C. Commissioner Fran B. Adams PAGES D. Commissioner Carolyn K. Eggert E. Commissioner Caroline D. Ginn 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - meeting of 8/25/98 2. School/County Building Recycling Program (memorandum dated September 1, 1998) 176-180 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 x40R at least 4R hnit— ;., „+.,a., - Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening 0 40 • • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF SEPTEMBER 8,1998 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA ................................... 1 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2 .............................................................. 2 6. APPROVAL OF MINUTES ........................................ 2 7. CONSENT AGENDA 2 7.A. ............................................ Reports .................................................. 2 7.B. Approval of Warrants ....................................... 2 7.C. Old Dixie Rental Corporation - Request for Site Plan Extension (Taylor Rental) .................................................. 11 7.D. Miscellaneous Budget Amendment 028 ......................... 12 7.E. Budget Amendment 027 - Economic Opportunities Council Weatherization Program - 1997/98 Grant Match .............................. 14 7.F. Payments to Vendors of Court -Related Costs .................... 15 7.G. Resolution 98-092 - Accept Right -of -Way Dedication from Robert H. Cook, Jr., and Cancel Tax ................................... 15 9.A.1. PUBLIC HEARING - RESOLUTION NO. 98-093 (III) CHERRYWOOD ESTATES PETITION WATER SERVICE - 59TH AVENUE, SOUTH OF 33RD STREET (CHERRY LANE) ...................................... 21 9.A.2. PUBLIC HEARING - ROUND ISLAND SOUTH PROJECT - PURCHASE 6 OF 9 PARCELS - ENVIRONMENTAL LAND - DRAFT OF ROUND ISLAND MANAGEMENT PLAN ......................................... 25 9.B. PUBLIC DISCUSSION ITEM - STAFF'S INTERPRETATION OF LDR AMENDMENT CONCERNING POT-BELLIED PIGS IN RESIDENTIAL NEIGHBORHOODS ............................................ 36 - 9.C. PUBLIC NOTICE ITEM - NOTICE OF PUBLIC HEARING - RANDLE PROPERTIES, INC. REZONING REQUEST FOR MINI -STORAGE FACILITY (SOUTH SIDE OF SR -60 - DIRECTLY SOUTH OF 85TH COURT AND THE CITRUS RIDGE POST OFFICE) ................................... 42 1 BOOK �,G�'�=,.� PAGE �� BOOK 106 pt1GF 113.1. HURRICANE EVACUATION PROCEDURES AND PUBLIC INFORMATION .......................................... 42 113.2. RESOLUTION 98-094 - REAUTHORIZING RVIPOSITION OF `8911" FEE.................................................... 44 11.G.1. WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT - FDOT GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT 48 11.G.2. GIFFORD PARK PICNIC PAVILION JIM WRIGHT CONSTRUCTION - CHANGE ORDER NO. 1 ................................... 49 11.G.3. KINGS HIGHWAY (58TH AVENUE) IMPROVEMENTS - SELECT FILL - DICKERSON FLORIDA - CHANGE ORDER NO.2 ........ 50 11.H.1. RIVER PARK PLACE DEVELOPER'S AGREEMENT - FINAL PAY REQUEST (RELEASE OF RETAINAGE) ...................... 52 11.H.2. GRACE'S LANDING DEVELOPER'S AGREEMENT - FINAL PAY REQUEST (RELEASE OF RETAINAGE) ...................... 53 11.H.3. LAURELWOOD WASTEWATER TREATMENT PLANT - TERNIINATION OF LEASE AGREEMENT WITH CUSTOMER SERVICE, INC. (AKA LAURELS, INC.) ....................... 54 13.A.1. PASSING OF COUNTY EMPLOYEE, JBD IIE MOSELEY ........ 56 13.A.2. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS' ANNUAL DINNER MEETING .............................. 56 13.A.3. DIVERSITY OF GOVERNMENT MAIL ....................... 56 13.C. UNITED WAY'S FIFTH ANNUAL DAY OF CARING ............ 56 13.E. SOLID WASTE DISPOSAL DISTRICT - PETITION HEARING DATE & TIME ................................................. 58 14.B. SOLID WASTE DISPOSAL DISTRICT ........................ 58 DOCUMENTS TO BE MADE PART OF THE RECORD .................... 59 NOTICE OF UNCLAIMED MONEYS ................................... 59 2 September 8, 1998 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, September 8, 1998. Present were John W. Tippin, Chairman; Fran B. Adams; Carolyn K. Eggert and Caroline D. Ginn. Vice Chairman Kenneth R Macht was attending a national NATOA Conference in San Diego. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. EWOCATION Commissioner Ginn delivered the invocation. 3. PLEDGE OF ALLEGIANCE County Attorney Vitunac led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Tippin requested the addition of: 13.A.1., Passing of County Employee Jimmie Moseley; 13.A.2., Treasure Coast Council of Local Governments' Annual Dinner Meeting; and 13.A.3., Diversity of Government Mail - Clean Air Efforts versus Prescribed Commissioner Adams requested the addition of 13.C., United Way - Fifth Annual Day of Caring. Commissioner Ginn requested the addition of 13.E., Solid Waste Disposal District Assessment Hearing Date/Time. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) added the above items to the Agenda. September 8, 1998 1 RooK 106 F'nF e 7 r BOOK 106 PAGE ti 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of August 25, 1998. There were none. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved the Minutes of the Regular Meeting of August 25, 1998, as written and distributed. 7. CONSENT AGENDA 7.A. Reports The following reports have been received and placed on file in the office of the Clerk to the Board: 1) Indian River Memorial Hospital Schedule of Meetings for September 1998 2) Vero Lakes Water Control District - Notice of Regular Meeting for September and Budget for FY ending September 30, 1999. Z.B. AWroval of Warrants The Board reviewed a Memorandum of August 27, 1998: T0: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: AUGUST 27, 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 August 21 to August 27. 1998. September 8, 1998 2 0 40 .7 ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Eggert, the Board unanimously (4-0, Vice Chairman Macht absent) approved the list of warrants issued by the Clerk to the Board for the period August 21-27, 1998, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019560 FLORIDA COMBINED LIFE 1998-08-21 1,993.36 0019561 FLORIDA COMBINED LIFE 1998-08-21 42.38 0019562 FLORIDA COMBINED LIFE 1998-08-21 1,947.85 0019563 TEAMSTERS LOCAL UNION NO 769 1998-08-21 3,835.07 0239895 WOODROW, BERNICE 1998-03-26 0240514 BEASOCK, MIKE & DAWN 1998-04-09 .00 .00 0240848 HUMPHREY, BERNICE 1998-04-16 .00 0241657 RESORT CONDO RESALES 1998-04-30 .00 0241711 SIGTHORSSON, OSKAR B 1998-04-30 .00 0242960 STEPHENS, JOSEPH 1998-05-21 .00 0242999 HAYWARD, DAVID 1998-05-21 0243000 SMITH, JOHNNIE F 1998-05-21 .00 .00 0246105 FLORIDA STATE OF FLORIDA 1998-07-23 .00 0247490 ALBERTSON'S PHARMACY 1998-08-20 0247632 JORGENSEN, PETER ESQ 1998-08-20 .00 .00 0247697 PANGBURN, KENNETH J & RHEA 1998-08-20 .00 0247808 ANDERSON, FRED 1998-08-24 123.00 0247809 ATKINSON, RICHARD F 1998-08-24 238.00 0247810 ANDERSON, CAROLINE AND CITY 1998-08-24 4.00 0247811 BECHT, TONYA AND CITY OF VERO 1998-08-24 92.00 0247812 BROXTON, LYDIA 1998-08-24 219.00 0247813 BOLDEN, MICHELLE AND 1998-08-24 47.00 0247814 BEUTTELL, PETER M 1998-08-24 272.00 0247815 BILKEN GROUP 1998-08-24 1,488.00 0247816 BEANS, ROBERT 1998-08-24 247.00 0247817 BELL PROPERTY MANAGEMENT 1998-08-24 1,637.00 0247818 BOUYSSOU, STEPHANE H 1998-08-24 319.00 0247819 BLAHNIK, CHRIS OR MILDRED 1998-08-24 378.00 0247820 BISHOP, SUSAN D 1998-08-24 256.00 0247821 BROOKHAVEN, TOWN OF 1998-08-24 558.97 0247822 BREVARD COUNTY HOUSING AUTHRTY 1998-08-24 813.94 0247823 BEAUREGARD, KELLY AND CITY OF 1998-08-24 40.00 0247824 BAYLES, DENNIS 1998-08-24 303.00 0247825 BLUE, YOLANDA 1998-08-24 389.00 0247826 CARTWRIGHT, WILLIAM AND/ 1998-08-24 168.00 0247827 CORR, RHODA L 1998-08-24 292.00 0247828 COLLINS, THOMAS H 1998-08-24 539.00 0247829 costo, KEN 1998-08-24 346.00 0247830 CARLTON, ALLAN R 1998-08-24 256.00 0247831 C P E ASSOCIATES 1998-08-24 1,263.00 0247832 CAPAK, GERALD T 1998-08-24 330.00 0247833 CUMMINGS, JERRY 1998-08-24 438.00 0247834 CALMES, JOHN W 7999 -OF --24 3D:-).00 0247835 CLUNN, JEFFREY 1998-08-24 314.00 0247836 CARLUCCI, LEONARD A 1998-08-24 361.00 0247837 DAN PREUSS REALTY, INC 1998-08-24 333.00 0247838 DOOLITTLE AND ASSOCIATES 1998-08-24 2,720.00 0247839 DENNISON, WANDA 1998-08-24 919.00 0247840 DOVE, E WILSON 1998-08-24 267.00 0247841 DOYLE, DON 1998-08-24 307.00 0247842 DORSETT, DONNELLA 1998-08-24 30.00 September 8, 1998 C • BOOK. JOF',4GF. r770' BOOK 106 FnE 774 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0247843 ELWELL, JACQUELINE & F P & L 1998-08-24 4.00 0247844 EDGEWOOD PLACE (305-113) 1998-08-24 187.00 0247845 EDWARD, FRANKLIN 1998-08-24 328.00 0247846 FOGERTY, GEORGE A 1998-08-24 323.00 0247847 FRESH, DANIEL J 1998-08-24 195.00 0247848 FT PIERCE, CITY OF 1998-08-24 907.94 0247849 FOGARr•1 INTERPRISES, INC 1998-08-24 321.00 0247850 GILLESPIE, JOHN AND/OR GWEN 1998-08-24 418.00 0247851 GASKILL, ROBERT 1998-08-24 249.00 0247852 GRIMM, FLOYD OR HELEN 1998-08-24 149.00 0247853 GIFFORD GROVES, LTD 1998-08-24 7,878.00 0247854 GEORGE, MARY KIM 1998-08-24 579.00 0247855 GRACE'S LANDING LTD 1998-08-24 948.00 0247856 GLOVERSVILLE HOUSING AUTHORITY 1998-08-24 270.97 0247857 HAWKINS, WANDA 1998-08-24 220.00 0247858 HALL, JEWELS AND CITY OF VERO 1998-08-24 5.00 0247859 INDIAN RIVER INVESTMENT 1998-08-24 184.00 0247860 IMBRIANI, VINCENT 1998-08-24 279.00 0247861 JAMES A DOOLITTLE & ASSOCIATES 1998-08-24 8,755.00 0247862 JENSEN, PETER C 1998-08-24 528.00 0247863 JONES, MARCUS 1998-08-24 181.00 0247864 JONES, DOROTHY 1998-08-24 10.00 0247865 JAHOLKOWSKI, PAUL 1998-08-24 257.00 0247866 JENNINGS, LESSIE 1998-08-24 413.00 0247867 JAHOLKOWSKI, MIKE 1998-08-24 210.00 0247868 JULIN, PAUL 1998-08-24 210.00 0247869 JONES, WILLIAM C 1998-08-24 337.00 0247870 JONES, ALPHONSO 1998-08-24 258.00 0247871 KOLB, GREGORY L 1998-08-24 433.00 0247872 LAWRENCE, TERRY A 1998-08-24 200.00 0247873 LLERENA, E D 1998-08-24 405.00 0247874 LOFTON, BERTHA 1998-08-24 272.00 0247875 LANGLEY, PHILIP G 1998-08-24 230.00 0247876 LABELLA, ARTHUR 1998-08-24 300.00 0247877 LANDERS, VIVIEN BONELLI 1998-08-24 13.00 0247878 LAWRENCE, CHARLENE FRANCES 1998-08-24 455.00 0247879 MIXELL, LLONALD AND/OR 1998-08-24 573.00 0247880 M 0 D INVESTMENTS 1998-08-24 1,070.00 0247881 MONTGOMERY, WILLIAM 1998-08-24 210.00 0247882 MANN, ROBERT OR WANDA ARMA 1998-08-24 217.00 0247883 MORRILL, TINA AND CITY OF 1998-08-24 34.00 0247884 MILLER, ALVIN L 1998-08-24 379.00 0247885 MCINTOSH, SYLVESTER B JR 1998-08-24 237.00 0247886 MULLINS, B FRANK 1998-08-24 325.00 0247887 NELSON, DONALD J & VALENTINE R 1998-08-24 500.00 0247888 NEUHAUSER, ERNEST 1998-08-24 273.00 0247889 NIRMIKA LIVING STONES, INC 1998-08-24 337.00 0247890 O'CONNOR, DANIEL T & DEIDRA E 1998-08-24 418.00 0247891 OLIVER, DOROTHY 1998-08-24 193.00 0247892 ORANGE COUNTY HOUSING AND 1998-08-24 604.97 0247893 PARKER, RALPH & CITY OF VERO 1998-08-24 91.00 0247894 PIUMELLI, DOMENICA 1998-08-24 24.00 0247895 PALMER TRAILER PARK 1998-08-24 449.00 0247896 PITTMAN, CATHERINE & CITY OF 1998-08-24 96.00 0247897 POLLY, EMMA 1998-08-24 348.00 0247898 PIERSON, JOHN H DBA 1998-08-24 324.00 0247899 POSADO, LORI 1998 -OS -24 375.00 0247900 PINKNEY, RACHEL J 1998-08-24 151.00 0247901 PALUMBO, LOUIS 1998-08-24 294.00 0247902 REAGAN, WILLIE C 1998-08-24 1,122.00 September 8, 1998 4 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0247903 RENNICK, RONALD 1998-08-24 313.00 0247904 RAUDENBUSH, ERNEST 1998-08-24 121.00 0247905 REALTY CONNECTIONS OF VERO,INC 1998-08-24 1,388.00 0247906 REARDANZ, MARVIN 1998-08-24 408.00 0247907 RICHARDS, WILLIAM A 1998-08-24 438.00 0247908 RODRIGUEZ, BLANCA 1998-08-24 504.00 0247909 RICOTTI, RICARDO 1998-08-24 114.00 0247910 SCHORNER, JAMES A 1998-08-24 115.00 0247911 ST FRANCIS MANOR 1998-08-24 2,620.00 0247912 SCROGGS,_ BETTY DAVIS 1998-08-24 324.00 0247913 S B M RENTALS, INC 1998-08-24 111.00 0247914 SACCO, JACQUELINE AND/OR 1998-08-24 458.00 0247915 SABONJOHN, FLORENCE 1998-08-24 327.00 0247916 SANFORD HOUSING AUTHORITY 1998-08-24 506.97 0247917 SMOAK, JEANETTE AND CITY 1998-08-24 34.00 0247918 SANDY PINES 1998-08-24 2,491.00 0247919 SHELTON, ROBERT L 1998-08-24 505.00 0247920 STARCK, MICHAEL R 1998-08-24 115.00 0247921 SPIRES, TISA AND CITY OF VERO 1998-08-24 26.00 0247922 STRIBLING, WILLIAM JR 1998-08-24 172.00 0247923 SUNDMAN, IVAN 1998-08-24 203.00 0247924 SMITH, MARILYN 1998-08-24 19.00 0247925 SARTAIN, CHARLES S & TELECIA 1998-08-24 123.00 0247926 SANDERS, NATALIE 1998-08-24 123.00 0247927 TROPICAL SHORELAND, INC OR 1998-08-24 245.00 0247928 TROW, KENNETH 1998-08-24 551.00 0247929 TOLBERT, JEANETTE AND F P & L 1998-08-24 58.00 0247930 ULISKY, WILLIAM B OR MARLENE 1998-08-24 431.00 0247931 VERO MOBILE HOME PARR 1998-08-24 420.00 0247932 VOLF VILCEK, JULIANNA 1998-08-24 290.00 0247933 VERO FIRST CORPORATION 1998-08-24 1,924.00 0247934 BLAKE, SALLIE (WYNN) 1998-08-24 285.00 0247935 WILLIAMS, TOBIAS M 1998-08-24 537.00 0247936 WILLIAMS, KAYTRINA D AND 1998-08-24 46.00 0247937 WILLIAMS, DEBRA WASHINGTON 1998-08-24 125.00 0247938 YORK, LILLY B 1998-08-24 194.00 0247939 YORK, DAVID 1998-08-24 464.00 0247940 ZANCA, LEONARD 1998-08-24 1,154.00 0247941 ZORC, RICHARD J 1998-08-24 187.00 0247942 A A FIRE EQUIPMENT, INC 1998-08-27 492.00 0247943 AERO PRODUCTS CORPORATION 1998-08-27 691.20 0247944 APPLE MACHINE & SUPPLY CO 1998-08-27 218.00 0247945 AT YOUR SERVICE 1998-08-27 1,911.20 0247946 ATCO TOOL SUPPLY 1998-08-27 16.03 0247947 AUTO SUPPLY CO OF VERO BEACH, 1998-08-27 895.73 0247948 AT EASE ARMY NAVY 1998-08-27 331.00 0247949 AMDITIS, KAREN 1998-08-27 300.00 0247950 AQUAGENIX LAND -WATER 1998-08-27 86.00 0247951 ALL FLORIDA COFFEE & BOTTLED 1998-08-27 90.85 0247952 ADDISON OIL CO 1998-08-27 808.50 0247953 A T & T 1998-08-27 33.25 0247954 ALLIED MEDICAL SERVICES 1998-08-27 51.10 0247955 ALBERTSON'S 1998-08-27 76.09 0247956 ALBERTSON'S PHARMACY 1998-08-27 257.46 0247957 AUTO PARTS vF VERO, INC 1996-06-21 b17.78 0247958 A T & T 1998-08-27 27.39 0247959 B & B INDUSTRIAL SUPPLY 1998-08-27 414.34 0247960 BAKER DISTRIBUTING CO 1998-08-27 182.52 0247961 BOARD OF COUNTY COMMISSIONERS 1998-08-27 12,245.20 0247962 BLACKHAWK QUARRY COMPANY 1998-08-27 2,131.57 0247963 BARTON, JEFFREY K- CLERK 1998-08-27 184,754.61 0247964 BARTON, JEFFREY K -CLERK 1998-08-27 2,686.00 September 8, 1998 E 8®®K U BOOK iU6 PA.GF 7jb' CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0247965 B & B INDUSTRIAL SUPPLY CO. 1998-08-27 647.00 0247966 BRAD SMITH ASSOCIATES, INC 1998-08-27 4,500.00 0247967 BRANDON CAPITAL CORPORATION 1998-08-27 500.00 0247968 BLAIS ELECTRIC, INC 1998-08-27 97.58 0247969 BOYNTON PUMP & IRRIGATION 1998-08-27 49.86 0247970 BFI MEDICAL WASTE SYSTEMS 1998-08-27 136.20 0247971 BELLSOUTH 1998-08-27 21,910.07 0247972 BETTER COPY CENTER, A 1998-08-27 213.13 0247973 BELLSOUTH PUBLIC COMMUNICATION 1998-08-27 309.48 0247974 BATTERY BIZ 1998-08-27 135.00 0247975 BROWN & CALDWELL 1998-08-27 29,168.89 0247976 CAMERON & BARKLEY COMPANY 1998-08-27 512.43 0247977 CAMP, DRESSER & MCKEE, INC 1998-08-27 3,928.45 0247978 CARTER ASSOCIATES, INC 1998-08-27 6,640.50 0247979 CITRUS MOTEL 1998-08-27 370.00 0247980 COMMUNICATIONS INT'L INC 1998-08-27 195.50 0247981 CLINIC PHARMACY 1998-08-27 55.51 0247982 COOGAN, MAUREEN 1998-08-27 387.28 0247983 COLLINS BROWN CALDWELL BARKETT 1998-08-27 6,500.00 0247984 CROSSROADS ANIMAL HOSPITAL 1998-08-27 15.00 0247985 CULBERT, DANIEL F 1998-08-27 169.22 0247986 CLIFFORD, MIKE 1998-08-27 200.00 0247987 CORPORATION OF THE PRESIDENT 1998-08-27 71.50 0247988 CENTRAL PUMP & SUPPLY INC 1998-08-27 14.04 0247989 CUSTOM PUBLISHING SERVICES INC 1998-08-27 135.00 0247990 CENTER FOR EMOTIONAL AND 1998-08-27 114.00 0247991 CUMMINS, CHERYL 1998-08-27 24.00 0247992 CONSOLIDATED RESOURCE RECOVERY 1998-08-27 29,042.16 0247993 COOPER, WAYNE 1998-08-27 370.00 0247994 CHESTER CLEM, P.A. TRUST ACCT 1998-08-27 5,000.00 0247995 CRIMSCO, INC 1998-08-27 418.81 0247996 CENTRAL AIR CONDITIONING & 1998-08-27 107.64 0247997 DELTA SUPPLY CO 1998-08-27 715.52 0247998 DICKERSON-FLORIDA, INC 1998-08-27 26,541.79 0247999 DOCTOR'S CLINIC 1998-08-27 991.40 0248000 DON SMITH'S PAINT STORE, INC 1998-08-27 120.56 0248001 DATA SUPPLIES, INC 1998-08-27 423.10 0248002 DATA FLOW SYSTEMS, INC 1998-08-27 662.21 0248003 FLORIDA DEPARTMENT OF 1998-08-27 500.00 0248004 DRIVEWAYS INC 1998-08-27 13,313.39 0248005 DELRAY STAKES & SHAVINGS INC 1998-08-27 330.00 0248006 FLORIDA STATE OF FLORIDA 1998-08-27 500.00 0248007 DIGITAL IMAGING SERVICES INC 1998-08-27 705.00 0248008 DIRT CHEAP DRIVES 1998-08-27 712.00 0248009 DAYS INN 1998-08-27 144.00 0248010 EVANS, FLOYD 1998-08-27 25.00 0248011 EMERGENCY MEDICINE ASSOCIATES 1998-08-27 49.00 0248012 ELPE%, INC 1998-08-27 583.52 0248013 ENVIRONMENTAL SYSTEMS RESEARCH 1998-08-27 1,106.25 0248014 EMERGENCY LINEN SUPPLY CO 1998-08-27 1,007.00 0248015 ECKERD DRUG CO 1998-08-27 188.11 0248016 FLORIDA DEPARTMENT OF 1998-08-27 39.00 0248017 FLORIDA EAST COAST RAILWAY CO 1998-08-27 145,331.54 0248018 FLORIDA COCA-COLA BOTTLING CO 1998-08-27 469.95 0248019 FLORIDA POWER & LIGHT COMPANY 1998-08-27 12,270.58 0248020 FRASER ENGINEERING & TESTING 1998-08-27 525.00 0248021 F S B P A 1998-08-27 250.00 0248022 FRANKLIN PRODUCTS CORP 1998-08-27 527.12 0248023 FLINN, SHEILA I 1998-08-27 168.00 0248024 FALCON CABLE TV 1998-08-27 23.90 0248025 FAMILY LINE PUBLICATIONS 1998-08-27 226.00 September 8, 1998 0 0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0248026 FELLSMERE, CITY OF 1998-08-27 85.12 0248027 FLORIDAFFINITY, INC 1998-08-27 1,800.00 0248028 FARM PLAN CORP 1998-08-27 65.57 0248029 FELLSMERE POLICE DEPARTMENT 1998-08-27 25.00 0248030 FLORIDA POWER & LIGHT 1998-08-27 336.82 0248031 FINISHMASTER INC 1998-08-27 48.00 0248032 GENEALOGICAL PUBLISHING 1998-08-27 209.75 0248033 GENE'S AUTO GLASS 1998-08-27 95.00 0248034 GLIDDEN COMPANY, THE 1998-08-27 36.30 0248035 GOODKNIGHT LAWN EQUIPMENT, INC 1998-08-27 91.75 0248036 GREENE, ROBERT E 1998-08-27 1,736.98 0248037 GRAVES, A JULIA, ESQ 1998-08-27 150.00 0248038 GOODYEAR COMMERCIAL TIRE & 1998-08-27 726.68 0248039 GIFFORD COMMUNITY CENTER 1998-08-27 5,331.19 0248040 GINN, CAROLINE D 1998-08-27 107.58 0248041 GRACE'S LANDING LTD 1998-08-27 26,378.06 0248042 GIFFORD YOUTH ACTIVITIES CENTS 1998-08-27 9,667.24 0248043 GOLLNICK, PEGGY 1998-08-27 168.00 0248044 HAMMOND, KATHARINE R 1998-08-27 5,179.48 0248045 HARRISON UNIFORMS 1998-08-27 0248046 HOLIDAY BUILDERS, INC 1998-08-27 50.95 0248047 HELD, PATRICIA BARGO 1998-08-27 500.00 0248048 HACH COMPANY 1998-08-27 388.50 0248049 HARBOR BRANCH OCEANOGRAPHIC 1998-08-27 120.50 600.00 0248050 HAMMOCK LAKES ASSOCIATES, LTD 1998-08-27 138,404.56 0248051 HALL -MARK FIRE APPARATUS, INC 1998-08-27 9,095.00 0248052 HARTMAN & ASSOCIATES INC 1998-08-27 4,647.50 0248053 HARBOR BRANCH ENVIRONMENTAL 1998-08-27 2,025.00 0248054 INDIAN RIVER COUNTY 1998-08-27 58,690.75 0248055 INDIAN RIVER COUNTY 1998-08-27 100.00 0248056 INDIAN RIVER BATTERY, INC 1998-08-27 532.90 0248057 INDIAN RIVER COUNTY UTILITY 1998-08-27 313.74 0248058 INDIAN RIVER MEMORIAL HOSPITAL 1998-08-27 274.12 0248059 INDIAN RIVER COUNTY 1998-08-27 61.50 0248060 INSURANCE SERVICING & 1998-08-27 1,680.00 0248061 INDIAN RIVER PATHOLOGY 1998-08-27 300.00 0248062 IBM CORPORATION 1998-08-27 0248063 INMAN, KATHALEEN P A 1998-08-27 46.00 13,700.00 0248064 INDIAN RIVER PLANTATION RESORT 1998-08-27 69.00 0248065 INDIAN RIVER SHORES POLICE 1998-08-27 50.00 0248066 JACKSON ELECTRONICS 1998-08-27 0248067 JR REPORTING ASSOCIATES, INC 1998-08-27 509.90 0248068 JEWETT ORTHOPAEDIC CLINIC 1998-08-27 422.50 0248069 K MART 1'577.70 0248070 KIMLEY-HORN & ASSOCIATES, INC 1998-08-27 1998-08-27 150.00 0248071 KEEP AMERICA BEAUTIFUL INC 1998-08-27 261.00 0248072 KLINK, RICHARD 1998-08-27 298.94 0248073 KRUGER, INC 1998-08-27 968.00 0248074 KEEP INDIAN RIVER BEAUTIFUL 1998-08-27 557,241.00 0248075 LENGEMANN OF FLORIDA, INC 1998-08-27 1,483.29 0248076 LOWE'S COMPANIES INC97147 1998-0$-27 293-84 0248077 L B SMITH, INC 1998-08-27 971.47 . 0248078 LFI VERO BEACH, INC 1998-08-27 333.08 0248079 LAMB ESQ, RICHARD L 1998-08-27 9,042.96 0248080 LEXIS LAW PUALISFTNG -27 3,825.00 0248081 INDIAN RIVER COMMUNITY COLLEGE 1998-08-27 50.74 0248082 MIKES GARAGE 14,174.17 0248083 MASTELLER & MOLER, INC 1998-08-27 405.00 0248084 MEDICAL RECORD SERVICES, INC 1998-08-27 2'767.50 0248085 MULTILINE BUILDING 1998-08-27 20.37 0248086 MGB CONSTRUCTION INC 1998-08-27 70.00 500.00 September 8, 1998 7 BOOK iOG FAGS di I a BOOK 106 mu 778 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0248087 MAX DAVIS ASSOCIATES INC 1998-08-27 106.05 0248088 MAS, OGLA 1998-08-27 25.00 0248089 MACKOWSKI, JOSEPHINE 1998-08-27 118.56 0248090 NATIONAL FIRE PROTECTION 1998-08-27 282.35 0248091 NOLTE, DAVID C 1998-08-27 170,468.37 0248092 NICOSIA, ROGER J DO 1998-08-27 1,500.00 0248093 NEW HORIZONS OF THE TREASURE 1998-08-27 31,762.08 0248094 NATIONAL GEOGRAPHIC VIDEO 1998-08-27 23.70 0248095 NATIONAL ASSOC OF EMERGENCY 1998-08-27 40.00 0248096 NATIONAL PROPANE CORP 1998-08-27 305.06 0248097 OFFICE PRODUCTS & SERVICE 1998-08-27 1,015.52 0248098 OKLAHOMA STATE UNIVERSITY 1998-08-27 295.00 0248099 OFFICE DEPOT, INC 1998-08-27 4,386.47 0248100 OSCEOLA PHARMACY 1998-08-27 211.15 0248101 OLD BUNCOMBE GENEALOGICAL SOC 1998-08-27 58.50 0248102 O'HAIRE, QUINN, & CANDLER, 1998-08-27 4,999.00 0248103 PHILLIPS, LINDA R 1998-08-27 49.00 0248104 PRESS JOURNAL 1998-08-27 199.08 0248105 PANGBURN, TERRI 1998-08-27 24.00 0248106 PRESS JOURNAL/STUART NEWS 1998-08-27 730.11 0248107 PRAXAIR DISTRIBUTION 1998-08-27 295.65 0248108 POMEROY COMPUTER RESOURCES 1998-08-27 1,593.11 0248109 PROMEDIX CORP 1998-08-27 1,736.00 0248110 QUALITY FRUIT PACKERS OF 1998-08-27 5.10 0248111 ROBERTS & REYNOLDS PA 1998-08-27 7,122.99 0248112 R & G SOD FARMS 1998-08-27 120.00 0248113 RUBBER STAMP EXPRESS & MORE 1998-08-27 27.17 0248114 RSR WHOLESALE SOUTH, INC 1998-08-27 9,419.45 0248115 SBCCI-PUBLIC SAFETY TESTING 1998-08-27 42.00 0248116 SCOTTY'S, INC 1998-08-27 1,106.68 0248117 SEBASTIAN, CITY OF 1998-08-27 150.00 0248118 SEXUAL ASSAULT ASSISTANCE 1998-08-27 4,420.75 0248119 SHELL OIL COMPANY 1998-08-27 39.18 0248120 ST LUCIE BATTERY & TIRE, INC 1998-08-27 17.50 0248121 SUN COAST WELDING SUPPLIES INC 1998-08-27 90.80 0248122 ST LUCIE PAPER & PACKAGING,INC 1998-08-27 3,020.88 0248123 SERVICE REFRIGERATION CO, INC 1998-08-27 257.20 0248124 SUN TELEPHONE, INC 1998-08-27 66.95 0248125 SCHOMMER, ALAN R 1998-08-27 500.00 0248126 SCHOOL DISTRICT OF IRC 1998-08-27 2,643.36 0248127 SAFETY EQUIP COMPANY 1998-08-27 14,527.80 0248128 SUN BELT MEDICAL SUPPLY, INC 1998-08-27 900.75 0248129 SHERMAN, ROGER 1998-08-27 2,720.00 0248130 SEBASTIAN POLICE DEPARTMENT 1998-08-27 75.00 0248131 SCHWEY SERVICES 1998-08-27 792.00 0248132 SEBASTIAN RIVER MEDICAL CENTER 1998-08-27 100.00 0248133 SEBASTIAN EMERGENCY PHYSICIANS 1998-08-27 43.61 0248134 SMITH, ROBIN MARIE 1998-08-27 300.00 0248135 STEIN & CO., INC. 1998-08-27 3,750.00 0248136 SOUTHWIND GRAPHICS 1998-08-27 280.00 0248137 SPRAY -TECH INC/SEARS 1998-08-27 41.00 0248138 SYNDISTAR 1998-08-27 462.00 0248139 TEN -8 FIRE EQUIPMENT, INC 1998-08-27 4,519.72 0248140 TREASURE COAST REFUSE CORP 1998-08-27 31,974.96 0248141 TOTAL PRINT, INC 1998-08-27 152.70 0248142 TW COMMUNICATIONS 1998-08-27 739.50 0248143 TRANSPROTECTIVE SYSTEMS 1998-08-27 673.75 0248144 TRADEWINDS 1998-08-27 412.50 0248145 TRANSIT AIR CONDITIONING 1998-08-27 467.15 0248146 TALBOT, RITA 1998-08-27 209.52 0248147 TERRY, WILLIAM 1998-08-27 562.50 0248148 TONNIGES, DENNIS 1998-08-27 210.52 September 8, 1998 8 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0248149 US FILTER DISTRIBUTION GROUP 1998-08-27 1,023.57 0248150 VELDE FORD, INC 1998-08-27 3,519.01 0248151 VERO BEACH, CITY OF 1998-08-27 9,175.00 0248152 VERO CHEMICAL DISTRIBUTORS,INC 1998-08-27 104.85 0248153 VERO LAWNMOWER CENTER, INC 1998-08-27 1,974.27 0248154 VERO'S MOTEL 1998-08-27 160.00 0248155 VERO BEACH, CITY OF 1998-08-27 42,97 0248156 VERO BEACH, CITY OF 1998-08-27 1,621.54 0248157 VERO BEACH POLICE DEPARTMENT 1998-08-27 150.00 0248158 VOLUNTEER ACTION CENTER 1998-08-27 100.00 0248159 WAL-MART STORES, INC 1998-08-27 29.96 0248160 WAL-MART STORES, INC 1998-08-27 765.72 0248161 WALGREENS PHARMACY 1998-08-27 207.71 0248162 WAL-MART STORES, INC 1998-08-27 285.93 0248163 WIGINTON FIRE SPRINKLERS,INC 1998-08-27 940.00 0248164 WAL-MART PHARMACY, INC 1998-08-27 68.84 0248165 W¢OL FM 1998-08-27 490.00 0248166 WILLHOFF, PATSY 1998-08-27 130.00 0248167 WINN DIXIE STORE 1998-08-27 2.19 0248168 WILLIAMS, BETTY R, RN 1998-08-27 25.00 0248169 WHARTON-SMITH, INC 1998-08-27 489,389.75 0248170 WATERWORKS CAR WASH 1998-08-27 61.50 0248171 WHITESIDE PARTS & SERVICE INC 1998-08-27 87.10 0248172 WALGREENS PHARMACY 1998-08-27 96.29 0248173 WEST GROUP PAYMENT CTR 1998-08-27 203.75 0248174 YORK INTERNATIONAL CORPORATION 1998-08-27 1,547.52 0248175 CURTIS, ROBERT 1998-08-27 338.18 0248176 MILLER, JOSEPH 1998-08-27 643.88 0248177 KEMP, HAROLD 1998-08-27 308.92 0248178 STROLLO, ROCCO 1998-08-27 221.34 0248179 JOHNSON, LETISHA D 1998-08-27 1,482.00 0248180 KREMPEL, LAWRENCE W 1998-08-27 51.40 0248181 TAYLOR, SHERI LYNN 1998-08-27 130.35 0248182 HUNGERFORD, LUGENE 1998-08-27 19.23 0248183 JENKINS, RICHARD & FRANCES 1998-08-27 10.14 0248184 ABBATE JR, VINCENT 1998-08-27 94.51 0248185 SENN, RENAE 1998-08-27 22.05 0248186 BARTON, MARK 1998-08-27 27.60 0248187 BAER JR, JOHN F 1998-08-27 26.28 0248188 CONSIGLIO, MARIA 1998-08-27 38.77 0248189 REARDON, RICHARD 1998-08-27 57.68 0248190 SANDY PINES LTD 1998-08-27 45.61 0248191 AYORA, JUAN E 1998-08-27 58.38 0248192 ESTATE OF ROBERT KORDICK 1998-08-27 41.63 0248193 SCHOENBAUN, DR STEPHEN 1998-08-27 9.07 0248194 KLINE, LARRY 1998-08-27 56.65 0248195 R ZORC & SONS BUILDERS INC 1998-08-27 28.50 0248196 DIXON, CLARISE 1998-08-27 37.06 0248197 SMITH, ISABEL 1998-08-27 45.74 0248198 FRENCH, ALAN M & NANCY L 1998-08-27 89.98 0248199 PROCTOR CONSTRUCTION CO INC 1998-08-27 46.75 0248200 YOUNG, JOHN J 1998-08-27 0248201 WILCOX, REGINALD E -27 40.33 0248202 SHOWCASE PROPERTIES LTD CO 1998-08-27 38.20 0248203 PARK, WALTER S 1 998-08-27 43.67 0248204 LIVINGS, MIKE & CINDY 1998-08-27 43.10 0248205 ANDREW, BEVERLY DIANE 1998-08-27 43.39 0248206 DILLARD, SAMATHA M 1998-08-27 66.77 0248207 HAVENS, LESLIE A 1998-08-27 74.90 0248208 GAYLER, DAVID E 1998-08-27 57.35 0248209 SABONJOHN, JAMES E 1998-08-27 80.81 27.96 September 8, 1998 0 BOOK 106 BOOK M PnF d� CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0248210 CASTLE, JOYCE & DAVID 1998-08-27 32.17 0248211 CUTRONE, MARC 1998-08-27 50.00 0248212 COVELLO, DANIEL M 1998-08-27 53.05 0248213 GIOVANNONE, JERRY 1998-08-27 15.26 0248214 DEIS, LINDA 1998-08-27 29.46 0248215 AUERBACH, BARRY 1998-08-27 37.63 0248216 VECCHIONE, DEANNA C 1998-nR-?7 29.07 0248217 MINTON, GEORGIA 1998-08-27 36.50 0248218 ANDERSON, SHEILAH 1998-08-27 14.46 0248219 PALMER, ANDREW C 1998-08-27 32.77 0248220 MC NEAL, ANITA K 1998-08-27 45.46 0248221 WARK, THOMAS R 1998-08-27 34.19 0248222 OWENS, EILEEN M 1998-08-27 74.82 0248223 DICKINSON, ROBERT 1998-08-27 76.02 0248224 SEQUOIA CORPORATION 1998-08-27 27.01 0248225 WILSON, BEQUITA S 1998-08-27 28.49 0248226 GREIMEL, TRACY L 1998-08-27 14.28 0248227 TENCH, ELIZABETH 1998-08-27 40.92 0248228 WHITMAN, JASON D 1998-08-27 24.55 0248229 BANIHAMAD, SALAH M 1998-08-27 53.08 0248230 PREVETT, DOUG 1998-08-27 85.82 0248231 LAVOIE, JULIEN R 1998-08-27 74.91 0248232 BRUCE, DANIEL C 1998-08-27 43.33 0248233 GILLIGAN, JOHN 1998-08-27 82.72 0248234 BRODERICK, JOHN & NANCY 1998-08-27 57.31 0248235 AFRIAT, FREDERIC 1998-08-27 44.71 0248236 YOUNG, MICHAEL J 1998-08-27 25.64 0248237 PENDLETON, THOMAS & VA.LERIE 1998-08-27 37.46 0248238 SHERMAN, WILLIAM J 1998-08-27 18.99 0248239 KELLY, JO C 1998-08-27 62.02 0248240 FEDOR, JULIE R 1998-08-27 50.48 0248241 JULIA HERNDON ESTATE 1998-08-27 10.43 0248242 PARIS, ANNIE 1998-08-27 68.88 0248243 R ZORC & SONS BUILDERS INC 1998-08-27 121.92 0248244 TURNER BUILDERS OF VERO BEACH 1998-08-27 44.25 0248245 PROCTOR CONSTRUCTION CO INC 1998-08-27 58.66 0248246 WISSEL CONSTRUCTION 1998-08-27 69.68 0248247 WIGHT, DEBORAH 1998-08-27 7.80 0248248 GEBHART, MR & MRS BARRY 1998-08-27 67.39 0248249 MALINOS, SUSAN L 1998-08-27 38.55 0248250 SIMPKINS, LEE 1998-08-27 42.11 0248251 CEMCO 1998-08-27 25.38 0248252 GHO VERO BEACH INC 1998-08-27 35.24 0248253 BURKE, THOMAS & KATHLEEN 1998-08-27 35.76 0248254 MURPHY, SHEILA S 1998-08-27 52.01 0248255 SKALA II, CHARLES J 1998-08-27 3.88 0248256 CORNERSTONE SELECT HOMES INC 1998-08-27 86.29 0248257 APPLE SOUTH INC 1998-08-27 650.15 0248258 ALLEN, KRISTEN D 1998-08-27 12.06 0248259 BROWN, VINCENT 1998-08-27 29.98 0248260 REECE, ROY S 1998-08-27 27.84 0248261 CARR, HELEN 1998-08-27 38.25 0248262 SABONJOHN, JAMES E 1998-08-27 27.88 0248263 ROBERTS, JAMES E 1998-08-27 17.42 0248264 LORIUS, POSENER J 1998-08-27 16.35 0248265 KELLY, CHAD 1998-08-27 41.38 0248266 HALLETT, AMANDA 1998-08-27 24.57 0248267 TVEDT, TOMMY 1998-08-27 45.26 0248268 FIX, JANELL 1998-08-27 35.40 0248269 ZELIE, RICHARD 1998-08-27 32.31 0248270 PENDLETON, THOMAS & VALERIE 1998-08-27 27.37 September 8, 1998 10 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0248271 ART GARCIA BUILDING CONTR INC 1998-08-27 41.60 0248272 MIGIANO, MARC J 1998-08-27 26.75 0248273 AE & GR GARNER GROUP INC 1998-08-27 101.59 0248274 ANDRESEN, EULA J 1998-08-27 50.00 0248275 BLAKE, SALLIE WYNN 1998-08-27 71.35 0248276 INDIAN RIVER COUNTY UTILITY 1998-08-27 36,266.01 0248277 INDIAN RIVER COUNTY UTILITY 1998-08-27 24,012.59 0248278 STRAUSS, LAWRENCE A 1998-08-27 52.51 0248279 VANDGRIFT, CLEMA E 1998-08-27 105.04 0248280 DECKER, ROBERT C 1998-08-27 105.02 2,381,543.32 7.0 Old Dixie Rental Corporation -Request for Site Plan Extension fTaylor Rental The Board reviewed a Memorandum of September 2, 1998: TO: James E. Chandler County Administrator DPON HEAD CONCURRENCE: Imbert A Keating, AIC? ! Community Development Director THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad <3 Staff Planner, Current Development DATE: September 2, 1998 SUBJECT: Old Dixie Rental Corporation's Request for Site Plan Extension It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 8, 1998. T 1 "MI It ►I On August 28, 1997, the subject project was granted major site plan approval (with conditions) to construct a proposed equipment rental store to be known as Taylor Rental. The subject site is located on the east side of Old Dixie Highway, approximately 125' north of 121' Street. The current expiration date of the site plan approval is August 28, 1998. September 8, 1998 11 • —r BOOK U FAGF x3 -I BOOK i0o f -w 7,3t2, On August 14, 1998, the project's agent, Todd Smith, P.E., filed a request (see attachment 01) to extend the site plan approval expiration date. Pursuant to site plan regulations, the request may now be considered by the Board of County Commissioners. Although the LDRs have been amended since the initial project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the subject project are not significant enough to require any ravision or mdesign of the project. Aii TRC staff members have recently approved the applicant's request for site plan extension. As allowed under provisions of the LDRs, the Old Dixie Rental Corporation is requesting a full one year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan conforms to all current LDR requirements. Staff recommends that the Board of County Commissioners approve the Old Dixie Rental Corporation's request for a one year extension of the conditional site plan approval, with all original site plan approval conditions to remain in effect. The new site plan approval expiration date will be August 28, 1999. ATTACHMENT 1. Expiration Date Extension Request 2. Location Map 3. Site Plan ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Eggert, the Board unanimously granted (4-0, Vice Chairman Macht absent) a one-year extension (expires August 28, 1999) of the conditional site plan approval with all original site plan conditions to remain in effect, as recommended in the Memorandum. 7.D. Miscellaneous Budget Amendment 028 The Board reviewed a Memorandum of September 2, 1998: TO: Members of the Board of County Commissioners DATE: September 2, 1998 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 028 CONSENT AGENDA FROM: Joseph A. Baird OMB Director September 8, 1998 12 0 4 0 DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The North County, Library has received donations in the amount of $2,049. 2. On August 10, 1998 the Board of County Commissioners approved utilization of $13,735 in EWA funds that must be expended in the current fiscal year by the Emergency Services Department. The attached budget amendment appropriates funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Eggert, the Board unanimously (4-0, Vice Chairman Macht absent) approved miscellaneous budget amendment 028, as recommended in the Memorandum. TO: Members of the Board BUDGET AMENDMENT: 028 of County Commissioners FROM: Joseph A. Bairl DATE: September 2, 1998 OMB Director Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND/Donations- N. County Library 001-000-366-097.00 $142 $0 GENERAL FUND/Donations 001-000-366-100.00 $1,907 $0 EXPENSE GENERAL FUND/N. County Library/Books 001-112-571-035.45 $2,049 $0 2. REVENUE GENERAL FUND/Emergency Management Base Grant Revenue 001-000-342-042.00 $13,735 $0 EXPENSE GENERAL FUND/Emergency Base Grant/EDP Equipment 001-238-525-066.47 $12,135 $0 GENERAL FUND/Emergency Base Grant/Computer Software 001-238-525-035.12 $1,600 $0 September 8, 1998 13 BOOK iOG RAU 7t7' -� I 7.E. Budget Amendment 027 - Economic Opportunities Council Weatherization Program -1997/98 Grant Match The Board reviewed a Memorandum of September 2, 1998: TO: Members of the Board of County Commissioners DATE: September 2, 1998 SUBJECT: ECONOMIC OPPORTUNITIES COUNCEL WEATHERIZATION PROGRAM - BUDGET AMENDMENT 027 - CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS The Board of County Commissioners approved funding in the amount of $2,561 for the Economic Opportunities Council weatherization program in FY 1997/98. The Economic Opportunities Council is requesting an additional $4,000 for the 1997/98 grant match. All of the $4,000 will be applied directly to client services (contract labor and material). If the Board grants the above funding, approval of the attached budget amendment to appropriate the funding is also required. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Eggert, the Board unanimously (4-0, Vice Chairman Macht absent) approved budget amendment 027 to appropriate the required funding, as requested. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT: 027 DATE: September 2, 1998 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Economic Opportunities Council 001-110-569-088.20 $4,000 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $4,000 • September 8, 1998 14 40 7.F. Payments to Vendors of Court -Related Costs The Board reviewed a Memorandum of August 28, 1998: TO: Board of County Commissioners Ar ff FROM: Terrence P. O'Brien, Assistant County Attorw DATE: August 28, 1998 SUBJECT: Payments to Vendors of Court Related Costs The Office of the County Attorney has processed and approved payment to the following vendors for the week of August 24, 1998. Listed below are the vendors names and the amount of each court related costs. John H. Power, Esq. Legal Services 250.00 Berthold Schwarz, M.D. Clinical Evaluation 200.00 Fred Petrilla, Ph.D. Clinical Evaluation 500.00 Lynda McGinnis, L.P.N. Clinical Evaluation 80.00 Berthold Schwarz, M.D. Clinical Evaluation 250.00 C. Jonathan Ahr, Ph.D. Clinical Evaluation 500.00 A. J. Glaser, III, LPN Clinical Evaluation 80.00 Don L. Schultz, M.D. Clinical Evaluation 450.00 Robert Brugnoli, Ph.D. Clinical Evaluation 450.00 James A. Bonet, RN Clinical Evaluation 80.00 James P. Covey, Esq. Legal Services 400.00 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 Peggy Gollnick Transcription 217.00 Peggy Gollinick Transcription 38.50 Peggy Gollnick Transcription 87.50 Peggy Gollnick Transcription 73.50 Sheila Flinn Transcription 122.50 Sheila Flinn Transcription 24.50 Sheila Flinn Transcription 24.50 Mary Michel Witness Reimbursement 40.38 Sheldon H. Rifkin, Ph.D. Expert Witness Fee 300.00 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 Celeste Hartsfield Transcription 287.00 Sheila Flinn Transcription 31.50 Federal Express Over night mail 13.75 Celeste Hartsfield Transcription 42.00 J R Reporting Court Reporter 843.75 J R Reporting Transcription 27.00 Marsha Stiller/Martin Co. Clerk Record Research 10.00 Kathryn Gladwin Transcription 133.00 Total $6556.38 NO ACTION REQLMED OR TAKEN. 7. G. Resolu ien 98-092 - Accept Right -of Way Dedication from Robert H. Cook. Jr., and Cancel Tax The Board reviewed a Memorandum of September 1, 1998: September 8, 1998 15 BOOK 0 FA,F 1.15 8008 TO: The Board of County Commissioners FROM: wt., William G. Collins II - Deputy County Attorney DATE: September 1, 1998 SUBJECT: Resolution Accepting Right -Of -Way Dedication and Cancelling Taxes on Acquired Property A Resolution has been prepared for the purpose of accepting a right-of-way dedication and cancelling any delinquent or current taxes which may exist on the following property acquired by Indian River County for public purpose: Right-of-way acquired from Robert H. Cook, Jr., which property is fully described in that Warranty Deed recorded in Official Record Book 1227, Pages 1872-1873, Public Records of Indian River County, Florida. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution accepting the right-of-way dedication and cancelling certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Eggert, the Board unanimously (4-0, Vice Chairman Macht absent) adopted Resolution 98-092 accepting a right-of-way dedication and canceling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. September 8, 1998 16 is 0 RESOLUTION NO. 98- 92 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to cavy out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that 1. The dedication of right-of-way as described in O.R. Book 1227, at Pages 1872-1873 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were acquired for right-of-way from Robert H. Cook, Jr. are hereby cancelled pursuant to the authority of section 196.28, F.S. September 8, 1998 17 Boos 106 FnE` 87 F, 80a D F 7, See attached Warranty Deed describing lands, recorded in O.R. Book 1227 at Pages 1872-1873, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner G i n n , and the motion was seconded by Commissioner E g g e r t , and, upon being put to a vote, the vote was as follows: John W. Tippin, Chairman Aye Kenneth R. Macht Absent Caroline D. Ginn -Aye Fran B. Adams Aye Carolyn K. Eggert Ave The Chairman thereupon declared the resolution duly passed and adopted this 8 day of S e p t em b etM. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER,COUNTY, FL RIDA By - J hn W. Tippin, ChiirrfiaV Jeffrey Barton, ClerkAy' L x;"Z T� GLtt TAX CERTIFICATES OUTSTANDING CURRENT PROPATED TAX F"EIVED AIND DEPOSITED WiTk TAS, GO_LECTOR • September 8, 1998 yes no 18 APPROVED AS TO FORM AND LEGAL SUFFI I1�4CY 8Y WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY U Part of Parcel No. 36-32-38-00000-7000-00003.0 DOCUMMARY S1WM This document was prepared by DEED $ s'� f7 W TILE PWCoADs of and should be returned to NOTE f JEF>:1REV K BARYON the County Attorney's Office, CLERK - 1EfFREY K. BAllrt►H, CMINDLW couRr 1840 25th St., Vero Ban*INDIAN RIVER COUNTY �•• Florida 32960 THIS INDENTURE, made this 13tiday of August. 1998 - between ROBERT H. COOK, JR., whose mailing address is C 3213 ocean Drive. Vero Beach, Florida 32963 hereinafter C called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida ; 32960, hereinafter called GRANTEE. C WITNESSETH: That GRANTOR, for and in consideration of the stns of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR In hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. Z The property being conveyed herein is not the homestead property of o � Z < GRANTOR, nor does the property abut the homestead property of GRANTOR. 0;0- a j g- GRANTOR does hereby fully warrant the title to the land, and will W < 6 0 defend the same against the lawful claims of all persons whomsoever. '' Signed, sealed and delivered d� in the presence of: printed name B �� Robert H. Cook, Jr. printed name: Aeerrk-01 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this L3 day of ti — 1998, bif Robert H. Cook, Jr. who is either personally known to me or has produced m 4d �— as identification. fAMMOMM t lM P. CUOM NOTARY PUBLIC "'�0°r�0°6�0D E�QlE�,irlit.7 ��yr �� ee.wa.Moineero+..as. (.i11�2s?/Lce� irs.�i printed name: a erre. • ryvL Commission No.: Cr, T,2,7 too Commission Expiration: 1/d /Awc 0 September 8, 1998 19 'C C C C r i. 6000 • N O • M X S S.W. 1/4 S.E. 1/4 \ S.W. 1/4 S.E. 1/4 Sec. 36-32-38 1327.87' 100' Canal R/W (Indian River Farms) Township Line scale: 1 =130' T32S T33S co rn LEGAL 1 m DESCRUrrM n The South 60 feet of the S.W. 1/4 of the S.E. 1/4 of Section 36, Township 32 South, Range 39 East, Indian River County, Florida. a Contains 79,672.8 square feet, or 1.83 acres. • I, Charles A. Cramer, hereby certify that I am of Florida, that this sketch was made under r that this sketch meets the Minimum Technic" pursuant to F.S. Chapter 472. Charles A. Cramer, P.S.M. Reg. #4094 Indian River County Surveyor (5E �;[A19�11�7,1�0 c registered ,Professional Surveyor and Mapper licensed to practice in the state mkrrtnd4ipte;-supervision, and that it is accurate and correct. I further certify rifgrdWr9q ,described in Chapter 61G17 of the Florida Administrative Code, 3 THIS IS NOT A SURVEY xtit SKETCH TO ACCOMPANY LEGAL DESCRIPTION s i1•. Ui`; i �,#� PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o :4 `�Verq- Beach, FL 32960 blj'� Date z�J�� l�1� ;• 9.A.1. PUBLIC HEARING - RESOLUTION NO. 98-093 (I- CHERRYWOOD ESTATES PETITION WATER SERVICE - 59TH AVENUE. SOUTH OF 33RD STREET (CHERRY LANE) PRE15WOURPM Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned autt:ority personally appeared Darryl K. Hicks who on 08th says that he fs Presidwnt of the Press -Journal, a daily published at Vero Beach In trxlmn River County. Florida; that the attached copy of fit, being I / I b the C�X�u/t was pub- lished In sold newspaper in the issues of 1.L0 Affiant further says that the said Press -Journal Is a newspaper perblatned at Vero Beach, in said Indian River County, Florida, and that the said has heretotore beer► continuously published in sad Indian River County, Florida. and has been entered second doss mail matter at the post office In Vero Beach, in said mean River County, Florida, for a period of ate year next preoadBg the tam publication of the attached copy of fit; end atflant further says that he has neither paid nor promised arty person, firm or co tion 2=11n ny discamt, rebate, commission or refund for the purpose of securing this adyprt�tipr pubiloatlan lo said newspaper. a Wmibm to and sdbYoDied before no * r tt1caMt1l59aNIVINS': Inu n 81.2001 1998: RHONDA STANG �, / MMCo Public, Exp. Janrlda . 2001 Comm. No. CC 011093 Personally Known Qor Produced ID O Type of ID Produced NOTICE Subject: UTILITIES SPECIA ASSESSMENT PUBLIC HEARING The Board of County Commission ers of Indian River County, Florldt hereby provides'notice of a publl hearing set For 9:05 a.m. an Tum day, September 8, 1998, at th County Commission Chambers i the Candy Administration Building I1840 2% Street, Vero Beach, F ' 32960, to discuss a proposed rm olution relating to a special assert ment project. for water In India River County, Florida, for th INSTALLATION OF A WATE MAIN TO CHERRYWOOI ESTATES and providing for spedt assessment liens to` be erode t record an the properties to h served. the mating and be heard with respect to the proposed spatial assessment. Anyone who wants to inspect any proposed documents may do so at the Utility Services Department, 1840 25th Street, Vero Beach, FL Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim race of the pro. andings is made, which includes testimony and evidence upon which the appeal is based Anyone who needs a special accommodation for this meeting may contact the County's Ameri- cans with Disabilities Ad (ADA) Coordinator at 567.8000, Ext. 223 at least 48 hours in advance of the meeting. Aug. 21, 28,1998 1396583 Utilities Department Director Don Hubbs reviewed a Memorandum of August 28, DATE: AUGUST 28, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR i 1 FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHAST �Z, AND STAFFED MANAGER OF AS SMENT PROJECTS BY: DEPARTMENT O ILITY SERVICES September 8, 1998 21 BOOK 10 F,,GE k :91 AM 106 pnv 434 SUBJECT. CHERRYWOOD ESTATES PETITION WATER SERVICE 59TH AVENUE, SOUTH OF 33RD STREET (CHERRY LANE) INDIAN RIVER COUNTY PROJECT NO. UW -98 -05 -DS RESOLUTION III - PUBLIC HEARING ZAUK( iKU U N 1) On August 18, 1998, the Indian River County Board of County Commissioners approved Resolution I (98-82) and Resolution II (98-83). Resolution I contained the preliminary assessment roll describing the project and cost. Resolution II set the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution I (98-82) was published in the VERO BEACH PRESS JOURNAL on August 24, 1998. (See attached agenda item and minutes of the above meeting.) ANALYSIS Design has been completed by the Department of Utility Services' staff. An informational meeting was held with the property owners on August 27, 1998. After a site inspection with the project engineer, the original twenty properties which may benefit from this proposed project have been expanded to include one additional property, which would only be able to have water service from the proposed water line on 59th Avenue. This changes from 65% to 61.9% the thirteen signatures supporting this petition project, of the twenty-one to benefit. Staff recommends the inclusion as the only equitable method for a proportionate sharing of the cost. Eighteen of the properties are from .42 acre to .67 acre. The three largest properties are each greater than two acres in size with a single-family residence on each. These properties also contain some wetlands and a lake. Due to implied constraints as to future development, staff recommends a one -acre assessment for each of these three parcels. (See attached schedule of parcels, lot sizes, and map, which displays the area to benefit from the assessment project.) Approval of the attached Resolution III will confirm and approve the preliminary assessment. The total estimated cost to be assessed is $62,840.00. The estimated cost per square foot is $0.125032 (rounded). This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be from the assessment fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment of the subject project. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. September 8, 1998 22 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) adopted Resolution 98-093 confirming the Special Assessments in connection with a water main extension to Cherrywood Estates (59' Avenue, South of 33' Street); providing for special assessment liens to be made of record. Public Hearing (Third Reso.) RESOLUTION NO. 98- 93 898(r ftherty)Vk= o' A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO CHERRYWOOD ESTATES (59TH AVENUE, SOUTH OF 33RD STREET); PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 98-82, adopted August 18, 1998, determined to make special assessments against certain properties to be serviced by a water main extension to Cherrywood Estates (59th Avenue, south of 33rd Street); and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 98-83 on August 18, 1998, and set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, August 21, 1998, and once again on Friday, August 28, 1998 (twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, September 8, 1998, at 9:05 a.m. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: September 8, 1998 23 BOOK 10 PAGE *�: I BOOK DO PnuF 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby , confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 4. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner G i n n , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Absent Commissioner Caroline D. Ginn Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 8th day of September, 1998. Attest: J. K: Barton, Cle Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B John W. ppi Chairman Attachment: ASSESSMENT ROLL— (to be recorded on Public Records) Ato-14 oats Adm!n. Q Legal oejA Risk Mgr. September 8, 1998 24 9.A.2. PUBLIC HEARING - ROUND ISLAND SOUTH PROJECT - PURCHASE 6 OF 9 PARCELS - ENVIRONMENTAL LAND - DRAFT OF ROUND ISLAND MANAGEMENT PLAN PRLWJOIJRNAL r 2 7 1953 Published Dour Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority paw appeared Darryl K. Picks who an oath aeys that he is President of the , a dally newspaper p at Vero Beach trr Urdiart Ricer County Florida that the attached copy of adverdSernerd, being a a m �y �.az�•r..��i��lt:Lltr!fa In the Court, was pub - In said newspaper in the issues of fl I JLQ$ 111 (1,1049 Aftfent further says that the said Press our arl Is a newspaper published at Vero Beach. In said tra$an River County, Florida, and that the said newspaper has heretofore been Florida, each dely and has bow entered as dpublished! in said Indian Rhw Insecordam matter at the post office Y� Beach, to said Indian timer County, Florida, t� a period of one year nwd preceding the first p A*catlen of the attached Copy of adverdsarMmk and affiant hada says that he has neither paid nor promised arty person, firm a tbn any dot, rebate. commission or refund for the purpose of aeaaing this advertr►t for pubacetlon in said newspaper. before me ._ day ��.19 "' b AMNAlSSlQNtddMttiS (I ueurr al, soul Z : tape. ROAC611M < r X17 � • ) ��,j dotary PubUc, State of • �----. • • :p4 ".•' My Commiasbn Ex . 01, 2001 1C,comm. No. CC 611003 •••• ••••" Personally Known ®'6r Produced ID O Tape of ID Produced NOTICE OF fUBLIC MEETING Notice of meeting to consider county purchase of environmentally significant. ,property under,,: the county environmental landi acqui- sition program. TheaubW +/ - 45 ,acre property, consisting of 6 undeveloped parcels in Kansas City Colony Subdivision, is located South of and contiguous to Round Island Park (riverside) on the South. barrier bland, west of S.R. AIA, in Sedan 34, Township 33 S, Range 40 E. See the above map for the location. A public meethtg, at which par. ties In interest and citizens shall will be held by the Board of County Commissiamsrs of Indian River • County, Florida, in the County. Commission Chambers • of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Tuesday, Sep- tember 8, 1998 at 9:05 a.m. Anyone who may wish to appeal any dedston which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made, which Includes "many and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL . ACCOMMODATION FOR THIS MEETING MUST CONTACT i•THE -COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY. COMMISSIONERS BY •s= John W. Tippin, Chairman August 6;1998 1403029 Community Development Director Bob Keating advised that Vice Chairman Macht had requested that this item be continued since a super -majority vote was required for passage. He suggested that the public who would not be able to be present next week be permitted to speak. September 8, 1998 25 BOOK DO FACE 71,491 I BOOK i0o rAGE 7'-% Following a brief discussion, Chairman Tippin determined that the Board of County Commissioners would go forward with the matter. Environmental Planning & Code Enforcement Chief Roland M. DeBlois reviewed a Memorandum of August 31, 1998: TO: James E. Chandler County Administrator D TMENT HEAD CONCUF obert M. Keating, AICA Community Development Director) FROM: Roland M. DeBlois�P Chief; Environmental Planning DATE: August 31, 1998 SUBJECT: BOARD APPROVAL TO PURCHASE 6 OF 9 PARCELS IN THE "ROUND ISLAND SOUTH" PROJECT UNDER THE COUNTY ENVIRONMENTAL LANDS PROGRAM It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 8, 1998. Staff recommends that the Board of County Commissioners purchase (with bond funds) six of nine parcels of the Round Island South LAAC project. The proposed purchase contracts (already executed by the sellers) are summarized as follows: P ur has r: Indian River County Board of County Commissioners / Florida Communities Trust (FCT) (Indian River County will hold title) Sellem: Robert M. Swedroe c/o Jay E. LaShaw Patricia Ann Padden Norberta and Carmencita deGuanan, et al. Barry and Paula F. Gilman, et al. Cost -Share: Florida Communities Trust (50%) (includes share of acquisition costs) Total Price: $601,900 (average ±$49,744 per upland acre; ±$13,556 per acre overall) Other Costs: ±$40,000 (appraisals, survey, environ. audit, title insurance) County Bonds Expen i .r : ±$334,535 (approximate, not including initial management costs) Ara : ± 44.4 acres (± 12.1 ac. uplands, ±32.3 ac. wetlands) September 8, 1998 26 0 • • The County Land Acquisition Advisory Committee, at its meetings on November 19, 1997 (concerning the Swedroe and Padden parcels)and on July 29, 1998 (concerning the Gilman and deGuzman parcels), voted unanimously to recommend that the Board of County Commissioners purchase the subject parcels, provided that the management plan for the project remains flexible to allow for coordination with St. Lucie County regarding purchase of the remaining three parcels (as a tie-in to conservation lands in St. Lucie County associated with the Avalon State Recreation Area). • On August 27, 1998, the FCT Governing Body approved the purchase contracts and project plan. including the overall management plan, subject to County Commission approval. The Round Island South project was approved in 1996 as a Florida Communities Trust (FCT) 50150 cost -share project. The property is currently ranked 3rd out of 12 projects on the 1998 LAAC site acquisition list. In its application for state cost -share funding, the County chose to be the lead agency for pre- acquisition tasks and negotiations. During the past two years, the county's acquisition consultant, in coordination with county staff, has conducted pre-acquisition tasks and negotiations. Since the sellers recently accepted and executed purchase contract Option Agreements for the parcels, appraisal results and other confidential information can now be released. The subject parcels are the northern six of nine parcels in the Round Island South LAAC project, located south of and contiguous to Round Island County Park (riverside). The parcels' natural areas include impounded salt marsh and other wetlands (± 32.3 acres), and tropical maritime hammock (± 12.1 acres). The subject combined parcels have ± 950 feet of road frontage on SR AlA. The upland portion of the property is zoned RS -3, Single -Family Residential, up to 3 units per acre. The wetlands portion of the property is zoned Con -2, Conservation, 1 unit per 40 acres (with a transfer of density right (TDR) of 1 unit per acre). Currently, the subject six parcels are owned by four different owners, as follows: • Robert M. Swedroe c/o Jay E. LaShaw • Patricia Ann Padden • Norberta and Carmencita deGuzman, et al. • Barry and Paula F. Gilman, et al. (3 parcels) The current tax assessed value of the combined parcels is $461,360. Two issues which are important to LAAC staff with respect to all proposed purchases are obtaining cost share assistance in property acquisition and addressing management costs. September 8, 1998 27 • BOOK NO FA,E 7�fl BOOK iUGPfgGF 7"58 • Cost -Share In 1996, Indian River County submitted an FCT application, which was subsequently approved for 50% cost -share funding, including 50% of pre-acquisition expenditures (e.g., survey, environmental audit, appraisals). • Management Costs Besides cost share, management cost is always an issue with environmental lands acquisition. The FCT program, which is highly competitive state-wide, awards points for projects based on the provision of resource-based public access and use facilities. In order to qualify for FCT cost -share funding, the County obligated itself in its FCT application to provide limited access and resource- based facilities on the overall project property. Specifically, the Conceptual Approval Agreement includes conditions requiring the County to provide nature trails, wetland boardwalks, and wildlife observation piers on the overall Round Island South project property. Because the overall Round Island South project is contiguous to Round Island County Park, which has existing parking and restroom facilities among other improvements, public access improvements on the subject parcels will be minimal. Management of habitat (e.g., exotics removal) is also required under the cost -share agreement. Initial site improvements, such as exotic plant removal, can be paid for with bond referendum funds as part of the property acquisition. Improvements such as observation piers or wetland crossover boardwalks will need to be funded by a source other than referendum monies. Potential funding sources include park development grants, county mitigation funds, and tree removal violation funds. Relating to long term management, the property will be incorporated into the county -wide park system and managed by the County Parks Division in coordination with county environmental planning staff. Volunteer groups will be asked to assist the County with certain aspects of property management such as nature trail up -keep and litter patrol. To fulfill FCT grant requirements, a management plan for the overall project has been drafted by the county's acquisition/management consultants. A draft of the plan is attached. Page 19 of the management plan summarizes estimated management and development costs (see attached). In accordance with County Land Acquisition Guide and FCT procedures, two independent appraisals were obtained to determine an approved appraised value for each of the parcels. The appraisal firms selected were S. E. Baker Group, Inc., and Wingo & Associates, Inc. The appraised values for the parcels are summarized as follows. September 8, 1998 O 0 0 Parcel Approx. Acres Appraised Values Approved Negotiated Price Upland I Wetland Appraised Value (% of Approved Appraised Value) Swedroe 1.7 1 4.1 Baker: 85,000 85,000 80,000 (94%) Wingo: 81,600 Gilman (3 parcels) 6.3 j 16.2 Baker. 306,400 306,400 334,000 (109%) Wingo: 289,500 deGuzman 2.1 j 4.9 Baker: 105,000 105,000 102,900 (98%) Wingo: 100,800 Padden 2.0 1 7.1 Baker: 100,000 100,000 85,000 (85%) Wingo: 96,000 Total: 12.1 ac. 1 323 ac. (NIA) S596A00_1 S601,900(101%) The combined negotiated purchase price of $601,900 is ±101% of the overall approved appraised value for the subject parcels. In coming to terms with FCT and county staff on the negotiated purchase prices (subject to County Commission and FCT approval), the sellers have executed standard FCT purchase contract Option Agreements with minor modifications. A copy of the Padden contract, which represents the typical option contract, is attached to this staff report. Copies of the Swedroe, Gilman, and deGuzman contracts are on file in the County Commission Office. With the exception of the three Gilman parcels, the negotiated purchase prices are below the approved appraised values. As with all LAAC site purchase negotiations, staffs objective was to negotiate a purchase price at or below the approved appraised value. In the case of the Gilman parcels, however, staffs two plus years of negotiations failed to obtain a purchase price at or below the appraised value. Staffs position is that the negotiated purchase price is the best that could be obtained under the circumstances. Staffs acceptance of the negotiated purchase price of the Gilman parcels (9% above appraised value) is based on the key nature of the parcels to the overall project, and also on the fact that the purchase price of the overall Round Island South project will as a whole remain within 1 % of the overall approved appraised value. Notwithstanding, because the negotiated purchase price for the Gilman parcels is higher than the average of the appraised values, the Gilman parcels purchase will require a "super -majority" (4 out of 5) vote of the County Commission. • Environmental Education As with most of the County's proposed acquisitions, the purchase will enhance education in the County. With this property, the educational function will consist of nature trails and educational displays for the site. September 8, 1998 29 BOOK �� FaL) • 8 0 0 K 10 • Comprehensive Plan Acquisition Commitment Conservation Policy 6.3 of the 2020 County Comprehensive Plan commits the County to acquire a minimum of 100 acres of coastal tropical hammock for conservation purposes. Although the County has fulfilled this minimum acreage requirement, the subject parcels contribute to this policy by conserving ± 12.1 acres of tropical hammock. The project also furthers objectives in the County comprehensive plan relating to open space, recreation, flood plain protection, and rare species conservation. The County Land Acquisition Advisory Committee (LAAC), at its meetings on November 19, 1997 (concerning the Swedroe and Padden parcels)and on July 29, 1998 (concerning the Gilman and deGuzman parcels), voted unanimously to recommend that the Board of County Commissioners purchase the subject parcels, provided that the management plan for the project remains flexible to allow for coordination with St. Lucie County regarding purchase of the remaining three parcels (as a tie-in to conservation lands in St. Lucie County associated with the Avalon State Recreation Area). For reference, excerpts from the minutes of the two LAAC meetings at which the purchases were discussed are attached. Staff's position is that the management plan as written references the project's tie-in to conservation lands in St. Lucie County, and allows for ongoing coordination with St. Lucie County staff regarding closing the gap between the Round Island South project and the Avalon State Recreation Area Thus, the management plan addresses LAAC's concern. Also, as with all management plans, there is always an opportunity for the Board to revise the plan if warranted by changed circumstances. Staff recommends that the Board of County Commissioners approve exercise of the option contracts for the six northern parcels of the Round Island South LAAC site, and authorize staff to proceed with closing on the subject parcels in accordance the 50% cost -share agreement with the Florida Communities Trust. Staff also recommends that the Board approve the draft Round Island South Management Plan. ATTACHMENTS • General map of Round Island South project parcels • Table summarizing estimated management and development costs (page 19 of the draft management plan) • Excerpts of 11/19/97 and 07/29/98 LAAC meeting minutes • Padden option agreement (the other options are on file in the County Commission Office) • Draft Round Island South Management Plan September 8, 1998 30 • i • mac' W.: Fe:rAP qb-0"- P7Ift ft%lr—r/ (Pat9 phw.�.s At the conclusion of Mr. DeBlois' presentation, Commissioner Eggert added that the Land Acquisition Advisory Committee had enthusiastically and unanimously approved the purchases under consideration. Commissioner Ginn agreed the purchase was important and asked how far along staff was in the negotiation of the remaining 3 parcels, and Mr. DeBlois advised staffwas hopeful they would be able to come to the Board in the next few months with the purchase of those 3 parcels. September 8, 1998 31 BOOK 106a, -)- u UJ ") ,, �1 BOOK 0 PAGE JJ2 Commissioner Ginn asked about public access, and Mr. DeBlois advised the existing "dike trail" would be formalized and maintained. Mr. DeBlois added that this is an important impoundment for research purposes and had been used by Harbor Branch Oceanographic Institute for their studies to establish the now commonly used rotation impoundment management program. It is also known for its bird usage. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Frank Coffey, 88 Cache Cay, presented the Commissioners with a 3 -page handout and reviewed information on the following charts which had been supplied to him by Environmental Planning & Code Enforcement Chief Roland M. DeBlois. Mr. Coffey wanted to make it clear that he was not opposed to a prudent environmental lands program; he believed such a program was desirable. His greatest concern was the effect on the County's budget and the increased cost to the taxpayer. He believed it was essential at this time to review the entire cost of the County's program. September 8, 1998 Enviommentally Sensitive Land Acquisition Bond ( 15 Years) Principal 15,000,000.00 Interest 6,383,350.00 Total 21,383,350.00 1998/1999 Proposed Budget Expenses (Fund 225) Principal 810,000 Interest 602,890 Other debt service 5,000 Property appraiser 32,888 Tax collector 28,000 Cash forward 100,000 Total 1,578,778 32 • Indian River County Environmental Lauds Program Acquired Lands Value/Tax Assessment Information Tract M/Name Approx. Acreage Tax Assessed Value Potential Annual County Taxes' (assessed value x .0201748) Land Purchase Price Approved. Appraised Value Prange Island(s) 27 122,930 2,480.09 (in Vero Beach) 696,000 722,000 Korangy Tract 132 493,255 9,951.32 672,000 720,000 Wabasso Scrub 111 1,110,880 22,411.78 1,150,000 1,280,000 Seb. High. 34 Scrub Lots 10 116,200 2,344.31 (in Sebastian) 86,000 86,000 Green Salt Marsh 16 40,300 813.04 N/A (donation) N/A (donation) Fischer- Sebastian River 95 1,455,580 29,366.04 (in Sebastian) 1,400,600 1,580,000 Cairns Tract 104 4,4659350 90,087.59 10,600,000 11,465,000 Irwin Tract 8 1,005,040 20,276.48 2,585,000 2,796,000 Kennedy/ PINWR Buffer 24 61,200 1,234.70 100,000 100,000 Judah Tract 0.17 7,440 150.10 7,440 N/A St. Sebastian PUD 312 1,232,790 24,87129 (in Sebastian) 1,100,000 1,885,000 AGC Industrial Tract Scrub 76 4169660 89406.03 (in Sebastian) 4009000 450,000 Harmony Oaks 90 306,720 6,188.01 299,500 360,000 Flinn Tract 38 489,520 9,875.97 1,353,550 1,353,550 Spallone Tract 1.43 267,410 5,394.94 490,000 495,000 Total +1,044.6 acres $111591,275 $233,851.69 $203940,090 $23,292,550 W:\USERS\ROLANDMAAC\LANDBOND\TAX—SUM.WPD [August27,19981 1. Estimate of county taxes that would be paid if the (undeveloped) properties remained in private ownership. September 8, 1998 33 • POOK 106 F'I,GE7'� Oda BOOK O PAGE Indian River County Environrnental Lands Program Lands Value / Tax Assessment Information Round Island South Tract ID/Name Approx. Tax Assessed Potential Land Purchase Approved Price Per Value Annual County Price Appraised Upland Acre Uplainds Taxes Value ( d VdMX Wetlands MM748) 1.7 Swedroe 72.880 1,470.33 801000 85,000 47,059 4.1 2.13 Gilman 73,370 1,480.22 3.19 334,000 306,400 53,018 Gllrnen 4.24 159.840 3,224.74 2 Tracks 13.02 2.1 DeGuzman 78,730 1,548.01 102,900 105,000 49,000 4.9 2.0 Padden 789540 1,584.52 85,000 100,000 42,500 7.1 2.13 Stewart 79,590 1,805.71 Pending Confidential 4.23 2.13 Smwart(Cassy 74,180 1,496.18 Pending Confidential 4.23 2.54 Stebbins 89,880 1,809.27 Pending Confidential 4.37 Total 18.97 704,790 14,218.96 45.14 Resource Management Improvements 10,500.00 Public Access Improvement 26,O00M Total 36,500.00 Annual Operational Cost 4.500.00 Tract ID 34 33 40 00W1 0000 00017.0 thru 00025.0 Mr. Coffey pointed out that removal of these environmental properties from the tax roll has resulted in a loss of tax revenue to the county. Also, because the properties were purchased with borrowed (bond) funds, interest needed to be included in the actual cost of the environmental lands. While he favored the purchase of these Round Island South parcels, he urged the Commissioners to direct the County Administrator to submit a comprehensive cross -summary on the county's environmental lands program by November 1, 1998. The report should include all detailed costs, actual, estimated, by the County and September 8, 1998 34 the State, and loss of revenues from 1995 to the present. In his opinion, the taxpayers had a right to receive such an accounting. He encouraged the Commissioners to seek ways to increase the tax base in the county to alleviate a greater tax burden on the taxpayers. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Chairman Tippin shared some of Mr. Coffey's concerns and thought that further research is in order. He had recently determined that over 30% of Indian River County is now publicly -owned for environmental purposes as compared to St. Lucie County (less than 31/o) and Martin County (slightly over 3%). Although much of our county's land (35,000 acres) is owned by St. Johns River Water Management District, it is a tax district into which everyone in the county pays. He loves the marsh, but there has to be a limit. He supported the purchase of the property under consideration. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved exercising the option contracts for the six northern parcels of the Round Island South LAAC site, and authorized staff to proceed with closing on the subject parcels in accordance with the 50% cost -share agreement with the Florida Communities Trust; and approved the draft of the Round Island South Management Plan as submitted. There was CONSENSUS to request a report from Administrator Chandler as suggested by Mr. Coffey. September 8, 1998 35 800K JO F,UE LJ )J5 I BOOK O 9.B. PUBLIC DISCUSSION ITEM - STAFF'S INTERPRETATION OF LDR AMENDMENT CONCERNING POT-BELLIED PIGS IN RESIDENTIAL NEIGHBORHOODS Community Development Director Bob Keating reviewed a Memorandum of July 29, 1998: TO: James E. Chandler County Administrator FROM: Robert M. Keating, AICP k' Al K' Community Development Director DATE: July 29, 1998 SUBJECT: Board Consideration of Staff Interpretation It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its meeting of September 8, 1998. DESCRIPTION AND CONDITIONS: Prior to May, 1998, Community Development Department staff had interpreted the County's land development regulations (LDR's) to allow pot-bellied pigs to be considered as household pets and not livestock. That interpretation evolved over several years. The principal reasons for the interpretation were that pot-bellied pigs were different from regular pigs, that pot-bellied pigs were domesticated, that pot-bellied pigs were sold in pet stores, and that pot-bellied pigs were generally accepted as household pets. In recent years, complaints about pot-bellied pigs have increased. Consequently, the Animal Control Division of the County's Emergency Services Department requested that Community Development staff initiate an LDR amendment to ban pot-bellied pigs in non-agricultural areas of the County. An LDR amendment having that effect was subsequently processed by staff and adopted by the Board of County Commissioners in May, 1998. After Board adoption of the LDR amendment to designate pot-bellied pigs as livestock and not household pets, Community Development staff interpreted the non -conformities provisions of LDR Section 904 as applying to pot-bellied pigs. Essentially, the staffs non -conformity interpretation allows pot-bellied pigs acquired prior to May, 1998 and kept as household pets to . remain in residential neighborhoods. According to that non -conformity provision, pigs that die could not be replaced, and no new pigs would be allowed as household pets. Recently, staffs interpretation of applying the non -conformity provision to the pot-bellied pigs as household pets prohibition has been questioned. This question arose after the Code Enforcement Board determined that, based on staff's non -conformity interpretation, a resident who has two pot- bellied pigs is not in violation of County regulations, because those pigs were acquired prior to May, 1998, when pot-bellied pigs were allowed as household pets. September 8, 1998 CJ 36 40 ANALYSIS: Staffs position regarding the application of the County's non -conformity provisions to the pot-bellied pig prohibition related to equity and fairness. Generally, the purpose of the non -conformity section of the county code is to ensure that people are not penalized because of a change in county code that makes a use or structure illegal, even though the uselstructure was legal when established. By applying the non -conformity rule to the pot-bellied pig prohibition, people who had acquired a Pot-bellied pig when such pigs were considered household pets by the county would not be penalized by the change in county rules. Also, since pot-bellied pigs do have a limited lifespan, the non- conformity would eventually be eliminated by the death of the grandfathered pigs. Even though applying the non -conformity rule to pot-bellied pigs would be consistent with the way the county addresses general uses and structures, there is precedent not to apply the non -conformity allowance in this case. In the past, the county has changed its commercial vehicle regulations and has not provided grandfathering allowances for non -conforming vehicles. A similar procedure could be applied here. Since applying the non -conformity provision to pot-bellied pigs is a staff interpretation, that provision can be changed without amending the LDR's. Therefore, the Board of County Commissioners could determine that applying the pot-bellied pig prohibition immediately and not grandfathering existing pigs would be appropriate. If the Board did take such action, staff could initiate code enforcement action in all cases where pot-bellied pigs are kept as household pets in residentially zoned areas. RECONEWENDATION: Staff recommends that the Board of County Commissioners: • consider staffs interpretation that pot-bellied pigs acquired and kept as household pets prior to May, 1998, be considered grandfathered and subject to the County's non -conformity rules; and • determine if that interpretation should be maintained or changed. Commissioner Ginn asked how many complaints there have been to Code Enforcement on pot-bellied pigs. Director Keating advised there have been two Code Enforcement cases on pot-bellied pigs, but stated that one of the reasons that staff undertook the change to the LDRs was because the Animal Control Department had problems with pot-bellied pigs in the past. The Humane Society has also experienced problems as well as neighboring residents who filed complaints. Nancy Errett, Animal Control Director, explained that the recently found six infant pigs were not pot-bellied pigs, but were believed to be offspring of a wild hog who had been killed. September 8, 1998 37 BooK106 ��u 0 7 L 600K DO PAFjF 3JA Commissioner Eggert believed abandonment of pot-bellied pigs to be an on-going problem, which recently had been a topic on CNN (TV), because they get so big. Chairman Tippin opened the floor for public discussion. Heidi Lewis, 656 261 Avenue, handed the Commissioners an extensive packet of information and proceeded to make a lengthy appeal to the Board. (Clerk's Note: The packet Of information has been filed with the backup for the meeting.) She advised that she was the proud mother of two pot-bellied pigs. She was born in Vero Beach and had lived in her current home for ten years. She had wanted a pot bellied pig for seven years, but about a year ago she finally acquired one after having done research and calling the Code Enforcement Department to determine the legality of pot-bellied pigs in her neighborhood. She was advised at that time that they were legal. She purchased a pot-bellied pig, had no problems, and soon adopted another from the Humane Society. She advised that both male animals had been neutered and, thus, did not have an odor. She feeds them a special food which renders their feces odor -free. They live in her house (about 80% of the time) and outside. She believes she is a responsible pet owner and referred to her handouts which supported her position that pot-bellied pigs are pets and not livestock. The pigs are very docile, quickly learn tricks and household rules, and bond with their caretakers. She believed that not everyone would be a good owner of pot-bellied pigs, because they need special consideration and commitment from their owners. She advised that her two side neighbors were the only ones in the neighborhood who knew about her pigs. The County Health Inspector came to her property on a complaint by her neighbors; he told her there was no odor, no flies, and no rats, but that she had a "potential for these problems." She felt it would be a breach of her civil liberties if her pets were taken away. Commissioner Giem asked if pot-bellied pigs were considered "mini -sized pigs", and Ms. Lewis confirmed that all pot-bellied pigs were, because they are not farm animals. Commissioner Adams asked the weight of Ms. Lewis' pigs, and Ms. Lewis advised they each weighed about 150 pounds; they were like a large Basset hound, fat, thick, short and compact. Commissioner Adams asked Ms. Lewis if she kept them inside. September 8, 1998 38 0 • Ms. Lewis advised that the pigs go outside to play and go to the bathroom. They let her know when they want to go out and it works out better for her than to require them to use the litter box in the house to which they are trained. During the cool months when she is not using air-conditioning, Ms. Lewis allows them to go out and in through the open back door. Karen Susdorf, 666 26' Avenue, objected to her neighbor, Ms. Lewis, being allowed to keep pigs in her backyard. She believed they belong on a farm, not in a residential neighborhood of 75'x 105' lots. She estimated there were 10-15 feet between the houses. Several neighbors called to complain about the pigs, and were told by a Code Enforcement employee that Ms. Lewis would have to get rid of the animals within a certain amount of time or would have to pay a fine. They later found out that the Code Enforcement Board had "grandfathered the pigs". She recalled that Environmental Planning & Code Enforcement Chief Roland M. DeBlois had informed her that the neighbors would have to submit a written petition stating their objection. The petition was circulated and a majority of the residents signed it. A re -hearing was held by the Code Enforcement Board on July 27, 1998, which several of the neighbors attended but they were not permitted to speak. The Board ruled that no new evidence had been presented. The neighbors were unaware that new evidence had to be presented; they were there merely to present their objection to the pigs in the neighborhood. Ms. Lewis was allowed to speak at the hearing. Ms. Susdorf felt the matter was handled poorly, without respect for the other residents who have rights as taxpayers and citizens of the county. Ms. Susdorf then presented the Commissioners with eight color photographs of the pigs in Ms. Lewis backyard. (Clerk's Note: The photographs have been filed with the backup for the meeting.) She asked how the Commissioners would like to have these pigs living next door to them. She was very concerned about what the pigs would do to the value of her property. She believed a prospective buyer would first notice Ms. Lewis' fence and then the pigs and say, "I really don't want to live next door to pigs." She did not either. She reiterated her belief that pigs are livestock and belong on a farm, and hoped the Commission would take action to resolve the situation. Joan Carlson, Executive Director of the Humane Society, advised that the Humane Society took a position on the issue when the ordinance revisions were first proposed that based on their research, it was not appropriate that pot-bellied pigs be considered household pets. The Humane Society is seeing tremendous numbers of these animals with an over - September 8, 1998 39 BOOK i0G Fmu, 309 I BOOK 106 PAGE �.�6 population problem, like cats and dogs. Many end up going to slaughter. They found the problem originated with sellers of the animals not providing consumers with adequate information about zoning and special need requirements. Raising a pot-bellied pig, especially in a residential neighborhood, requires a great deal of dedication. The organization took the position that the County should restrict pot-bellied pigs to rural areas, but out of fairness to people like Ms. Lewis, who care about their animals and are responsible, they should be grandfathered. This remains their position. National Humane Society organizations have taken the position that pot-bellied pigs should not be considered household pets. David Brooker, a resident of Colonial Terrace off 8' Street, Vero Beach, advised they adopted a pot-bellied pig about a year ago. It has become a big part of his family. The pig is kept inside and out. He stated they have never had any complaints from their neighbors. He claimed another neighbor, at the other end of the subdivision, also has had a pig for years and never had a complaint. He felt that people objected to pot-bellied pigs because of ignorance, thinking that their neighborhood would be destroyed His two children would be devastated if they had to get rid of the pig. There were no other speakers and the Chairman closed the public part of the discussion and asked for the Commissioners' comments. Commissioner Adams thought the key was where the pigs are kept. She has had many exotic pets on her farm, some adopted from her "city friends" who can no longer care for them, and was quite familiar with pot-bellied pigs. The conflict, as she saw it, was the pigs being kept outside in a residential neighborhood and the neighbors. She recalled it had come up about 5 years ago before the Fellsmere Council and it was resolved by saying the pigs had to be kept in the house and outside for only 2 hours a day. She did not know if that had since been changed. She felt the 75' x 105' lots were awfully small and the conflict with the neighbors would not be resolved. She did not feel this was personal against Ms. Lewis by the neighbors, just a concern with pigs in the yard next door. Commissioner Ginn thought that any regulations, such as only keeping the pigs outside for 2 hours a day, would cause an enforcement problem. In looking at the pictures, the pigs were large animals and she thought they would not be considered very desirable in a yard next door. She was not yet sure exactly how to resolve the issue, but suggested they September 8, 1998 40 0 40 might allow time for the pigs to die off and not be replaced. She thought, however, that people were continuing to acquire the pot-bellied pigs even since the LDR amendments, and the county would continue to have more problems. She thought pot-bellied pigs belonged on larger properties. Commissioner Adams also noticed a turkey in one of the photographs, and Ms. Lewis responded that she had raised 2 baby turkeys, but they were gone. County Attorney Vitunac inquired as to the life span of a pot-bellied pig, and Ms. Lewis replied, " about 15 years." Her pigs are presently about 1 and 2 years old. Commissioner Adams also pointed out that the "hedge" around Ms. Lewis' backyard was inadequate and did not screen the yard at all. Chairman Tippin had visited the property, and while there are a few plants, with the hog -wire fence, no screening of the yard has been achieved. A neighbor wanting a cookout could see right into Ms. Lewis' yard. Use of Confederate jasmine for screening might have made a big difference. Commissioner Adams thought that all of the neighbors were entitled to quiet enjoyment of their property and, apparently where there have been no complaints, the people have kept their pigs inside. She had to assumed the problem was odor. MOTION WAS MADE by Commissioner Ginn., SECONDED BY Commissioner Adams, that the county not consider pot- bellied pigs as grandfathered under the LDR amendment. Chairman Tippin asked if the motion was passed, what the time element would be, and County Attorney Vitunac advised that the Code Enforcement Board would have to start a new case against the owner of the pot-bellied pigs and she would not have as a defense the grandfathering status. Commissioner Eggert felt this was a very difficult issue and she assumed that Code Enforcement was responding to complaints, not out beating the bushes for these pigs. So, if they stay indoors, there is no problem. The Chairman CALLED THE QUESTION and the motion carried unanimously (4-0, Vice Chairman Macht absent). September 8, 1998 41 B D 0 K 106 F,GF 3J.i 860K 106 PAGF. 3i2, 1 9.C. PUBLIC NOTICE ITEM - NOTICE OF PUBLIC HEARING - RANDLE PROPERTIES. INC. REZONING REQUEST FOR MINI - STORAGE FACILITY (SOUTH SIDE OF SR -60 - DIRECTLY SOUTH OF 85TH COURT AND THE CITRUS RIDGE POST OFFICE) Chairman Tippin read aloud a Memorandum of August 31, 1998: TO: James E. Chandler County Administrator HEAD CONCURRENCE: Community Development Di FROM: John McCoy Senior Planner, Current Development DATE: August 31, 1998 SUBJECT: Notice of Scheduled Public Hearing It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 8, 1998. Please be advised that the following public hearing has been scheduled for Board consideration at its September 15, 1998 meeting: Randle Properties Inc request to rezone approximately 4.99 acres from CG to PD (Commercial) for a mini storage facility. The subject is located on the south side of State Road 60 directly south of 85`h Court and the Citrus Ridge Post Office. (Quasi-judicial) The above referenced public hearing date is provided for the Board of County Commissioners information. No action is needed. NO ACTION REQUIRED OR TAKEN. HAL HURRICANE EVACUATIONPROCEDURES AND PUBLIC INFORMATION (Postponed from meeting of September 1, 1998) The Board reviewed a Memorandum of August 26, 1998: September 8, 1998 42 TO: Board of County Commissioners FROM: Doug Wright, Director Emergency Services DATE: August 26, 1998 SUBJECT: Hurricane Evacuation Procedures and Public Information At the request of a County Commissioner, I will present a short presentation to the Board on September 1, 1998, pertaining to information related to hurricanes as follows: Hurricane Categories : Saffir-Simpson Scale Actions to be taken during Hurricane Watch vs. Hurricane Warning County Emergency Operations Center coordination activities (Emergency Support Functions) Regional & State coordination of evacuation routes and information Public Access channel 13 & 35 (Routinely Monday & Thursday) (Every day during threat at 6:00PM) Protective Actions Public notification Television cable override 800 NM communications system Evacuation Routes Shelter Information Damage assessment requirements Re-entry into damaged areas Web Site (www.i=.com) Hurricane presentations by staff (estimated 120 this fiscal year) Availability of hurricane awareness information (hurricane preparedness tape broadcast prior to season) Hopefully, this information will be of value to citizens who may be unfamiliar with the above information and procedures and staff submits that efforts to educate the public in this regard will continue to be paramount in the Department's planned activities. (CLERK'S NOTE: A copy of Emergency Information Booklet has been filed with the backup of this meeting.) Emergency Services Director Doug Wright gave a comprehensive presentation with the aid of the ELMO. He reviewed hurricanes of recent times advising of their wind velocities and costs in dollars and fatalities. He advised that the Emergency Services Department is presently giving regular weather advisories on TCI and Falcon Cable Television. In instances of critical weather emergencies, they broadcast more frequently. September 8, 1998 43 �OOa 106 PAGE 1'j, BOOK JOB pgF 31 It They are aided in their department by the latest in weather tracking systems. He suggested the best means for a citizen to be alerted to potential hazardous weather was by purchasing for about $20 a NOAA weather alert radio. He extolled the virtues of the newly implemented 800 MHz radio system. He advised of a weather telephone information line and anew Internet web site at www.irces.com where satellite maps can be seen. He advised that the County libraries have videos available at no charge which have hurricane information for our area. He spoke about the evacuation routes and cautioned that anyone planning to evacuate west via SR -60 must leave early as it often floods west of I-95. He advised of the 19 emergency shelter facilities in the county and that 500 citizens have requested special needs assistance. He told of steps taken for Hurricane Watches, Hurricane Warnings, post -landfall of a hurricane, and criteria for State and Federal Disaster declaration. He suggested that all citizens have a plan of action for hurricanes. Commissioner Eggert expressed thanks to Nathan McCollum for doing a great job on his 6 p.m. reports on Cable TV. Chairman Tippin stressed the importance of being prepared during hurricane season. Commissioner Ginn thanked Director Wright for his report. She advised that she had requested he make this presentation because of a phone call from a concerned man who wanted to know what plans the County had for hurricane and other weather emergencies. 11.B.2. RESOLUTION 98-094 - REAUTHORIZING IMPOSITION OF "E911" FEE The Board reviewed a Memorandum of August 24, 1998: TO: Board of County Commissioners THROUGH: James E. Chandler, County dministrator FROM: Doug Wright, Director Emergency Services DATE: August 24, 1998 SUBJECT: Approval of Resolution Reauthorizing Imposition of E911 Fee The Florida Legislature in 1991 passed legislation amending Chapter 365.171, revising provisions relating to the "911" fee which permits county governments to impose a fee on all residential and business telephone lines to pay for expenses associated with the operation of the E911 system with a cap of $.50. er September 8, 1998 44 The revisions approved by the legislature provide for the following actions: 1. Deleted the requirement for annual approval of a county's recurring fee by the Division of Communications; 2. Specified that a fund be established exclusively for 911 fee revenues and expenditures; I Established that 911 funds be used only for specified purposes; 4. Requires an annual audit of the fund; 5. Provides for carry over of funds; and 6. Provides for expenditure of fees for certain employee positions. In FY 97/98, the Indian River County Board of County Commissioners approved imposition of a $.50 fee per line (up to a maximum of 25 access lines per account bill rendered) per month to fund the permitted charges and expenses of the two Public Safety Answering Points (PSAP) in the County. Information from Bellsouth indicates that Indian River County has a total of 76,016 lines which would be subject to the 911 fee with some exclusions. If the Board approves the recommended charge of $.50, staff estimates it would generate approximately $452,192 in revenue, less the 1 % Bellsouth collection fee. The matter is now before the Board of County Commissioners for approval of the Resolution to reauthorize the E911 fee for FY 98/99 at $.50 per line (up to a maximum of 25 access lines per account bill rendered) per month. The funds from the 911 fee will be utilized for staff maintenance of the data base, three call taker positions, operating expenditures, CAD system, capital outlay, and a contingency fund to ensure the integrity of the system to timely direct emergency personnel so that the protection of lives and property can be assured. If approved by the Board of County Commissioners, the Resolution will be forwarded to Bellsouth so the fee will remain at the same rate as the past year with an effective date of October 1, 1998. RECOMMENDATION: Staff recommends approval of the resolution reauthorizing and imposing the E911 surcharge with a $.50 fee for FY 98/99. ATTACHMENTS Proposed resolution imposing E911 fee ON MOTION by Commissioner Adams, SECONDED BY Commissioner Eggert, the Board unanimously (4-0, Vice Chairman Macht absent) adopted Resolution 98-094 providing for the establishment of a county -wide `8911" telephone fee to pay for system charges; severability; inclusion in the Indian River County Administrative Code; and an effective date. September 8, 1998 POOK 10 F'r1GE I RESOLUTION - 98 - 94 RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE ... . "E911" TELEPHONE FEE TO PAY FOR SYSTEM CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature enacted House Bill 1223 which amended Section 365.171, Florida Statutes, entitled "The Florida Emergency Telephone Act" to permit the imposition of a "911" fee on all residential and business telephone lines; and WHEREAS, this fee may be used to pay for all charges assessed to the Countywide "911" emergency telephone system; and WHEREAS, this fee may not exceed $.50 per line, per month; and WHEREAS, the "911" fee will generate revenue which will help pay the cost of providing such service throughout the County including the various municipalities; NOw, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That the Board of County Commissioners hereby establishes a fee of $.50 per month per access line up to a maximum of 25 access lines per account bill rendered. This fee WWI be in effect for 12 months from the effective date of this Resolution at which time it shall be reviewed by the Board prior to the beginning of fiscal year 1999/00. Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, Bellsouth Business Systems, Inc. shall collect such fees less an administrative fee of an amount equal to one percent (I%) of the total "911" fee collected by BellSouth. Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, BellSouth shall provide to the County on quarterly basis a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to BellSouth their refusal to pay the "911" fee. Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes, Indian River County hereby indemnifies and holds harmless BellSouth Business Systems, Inc. against liability for damages resulting from or in connection with "911" service or identification of telephone numbers, addresses, or names associated with any person accessing "911" service, W:\USERS\DOUG\911RES September 8, 1998 46 • except if BellSouth acts with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property in providing such services. Section 5. That the Board hereby authorizes that a letter be sent to BellSouth notifying them of the imposition of the fee, that the fees shall be collected by BellSouth less an administrative fee, that BellSouth shall provide the County with the above -referenced list and request written acknowledgement from BellSouth regarding the imposed fees and other matters set forth within the letter. Section 6. SEVERABILITY If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 7. EFFECTIVE DATE This Resolution shall become effective October 1, 1998. The foregoing Resolution was offered by Commissioner A d a m s who moved its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: Chairman John W. Tippin �_A �e Vice Chairman Kenneth R. Macht ASe t Commissioner Fran B. Adams Ayg_ Commissioner Caroline D. Ginn Aye Commissioner Carolyn K. Eggert Aye Eggert and, upon The Chairman thereupon declared the Resolution duly passed and adopted this 8 day of September .1998. Jeffery n, Clerk fie' an i W:\USERS\D0UG\911888 September 8, 1998 47 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ��•oil 611 1 . " .1 • BOOK 106 FACE J � 'I BOOK 106 Fa,F� 3,i 11.G.1. WABASSO CAUSEWAY PARK BEAUTIFICATION PROJECT — FDOT GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT The Board reviewed a Memorandum of August 31, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director /1) Terry B. Thompson, P.E.v r+ Capital Projects Manager FROM: G. Sean McGuire, P.E. _ Project Engineer SUBJECT: Wabasso Causeway Park Beautification Project FDOT Grant and Maintenance Memorandum of Agreement DATE: August 31, 1998 DESCRIPTTON AND CONDITTONA The Florida Highway Beautification Grant Council has selected this project to receive a grant in the amount of $137,791.54. This amount is intended' to be a 50% match to our contribution of $137,791.54, for a total project cost of $275,583.08. The attached "Highway Beautification Grant and Maintenance Memorandum of Agreement" must be signed and returned to the Florida Department of Transportation by November 5, 1998 in order to receive the grant. Reimbursement may be requested from the Florida Department of Transportation after completion of the project. RECO=NDATIONS AND FCMING Staff recommends that the Board authorize the Chairman to execute the Agreement. Funding will be from account #315-210-572-068.09 BT=HM:1T Highway Beautification Grant and Maintenance Memorandum of Agreement ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved the Highway Beautification Grant and Maintenance Memorandum. of Agreement and authorized the Chairman to execute same, as recommended in the Memorandum. PARTIALLY EXECUTED HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT ON FILE September 8, 1998 IN THE OFFICE OF THE CLERK TO THE BOARD 48 11.G.2. GIFFORD PARK PICNIC PAVILION JIM WRIGHT CONSTRUCTION - CHANGE ORDER NO. 1 The Board reviewed a Memorandum of August 28, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo Terry B. Thompson, P.E. Capital Projects Manager FROM: G. Sean McGuire, P.EL14 Project Engineer SUBJECT: Gifford Park Picnic Pavilion Project No. 9424A Change Order No. 1 DATE: August 28, 1998 Change Order No. 1 to the Gifford Park Picnic Pavilion Project (current contract is $21,800.00) is proposed to increase the project cost to $27,800.00. The extra cost of $6,000.00 is to construct four (4) new concrete picnic tables inside the pavilion. Ten (10) days of additional time will be needed, after this Change Order is authorized, to complete the work. RECOMMENDATIONS AND FUNDING Staff recommends that the Board approve Change Order No. 1, increasing the contract price to $27,800.00. Funding is from Account #315-210-572-068.03. ATTACHMENT Change Order No. 1 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved Change Order No. 1 with Jim Wright Construction increasing the contract price by $6,000 for a new total of $27,800, as recommended in the Memorandum. September 8, 1998 CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 49 BOOK 100 Pv"F i' J.5 BOOK AG PAGE J 11.G.3. KINGS HIGHWAY (58TH AVENUE) BIPROVEMENTS - SELECT FILL - DICKERSON FLORIDA - CHANGE ORDER NO.2 The Board reviewed a Memorandum of September 2, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. , Public Works Director,- / FROM: Terry B. Thompson, P. E. Cwo1 Capital Projects Manager SUBJECT: Kings Highway Roadway Improvements Select Fill Change Order No. 2 DATE: September 2, 1998 DESCRIPTION AND CONDITIONS Construction of the Kings Highway roadway section consists of excavating existing soils two to three feet, placing geogrid over the exposed soils, placing and compacting two feet of "select fill" over the geogrid, placing and compacting a one foot subgrade followed by a coquina base and asphalt surface. Materials for the two foot layer of "select fill" and one foot subgrade are available in the borrow areas provided by the County. Three of the borrow areas are needed for stormwater retention. The fourth area was a second (south) pond at the Mueller Center to provide stormwater retention for the future expansion of Indian River Community College (IRCC). The majority of the "select fill" needed for the project was to be provided from the two ponds located at IRCC. The excavation of the north pond at IRCC is complete and the materials are stockpiled on the IRCC south pond site. The stockpiled "select fill" meets the projects requirements of having less than 12% fines. There is currently no FDOT or AASHTO specification that addresses the composition of the fines. Laboratory tests indicate that the 9% -11 % fines in the "select fill" are silt and clay. Field moisture tests made at various times in the stockpiled material have been on the order of 20% - 25% (by dry soil weight). The contract specifications require that the "select fill" be dried to, or below optimum compaction moisture (11% - 12%) prior to placement in the embankment. Material which is placed wet of its optimum compaction moisture exhibits pumping and yielding under construction traffic until it is dried in-place to a moisture content that is at or below its optimum compaction moisture. The "select fill" has been stockpiled for approximately five (5) months with little change in moisture content. On August 14, 1998 the soils consultant, Dunkelberger Engineering and Testing, Inc., agreed to adjust the project specifications regarding the moisture condition of the "select fill" at the time of placement, if Dickerson would commit to drying the material in-place. The Contractor, Dickerson Florida, Inc., agreed to construct a 500 foot long test section to see if the "select fill" material could be dried in-place. Construction of the test section started on August 17, 1998. The moisture content of the fill at the time of placement varied September 8, 1998 50 from 16.3% up to 24.3%. The fill was pumping and rutting as expected, but was able to support the construction equipment. On August 19' Dickerson proceeded to dry the material in-place by aerating it with a rotary mixer. On average, the moisture of the "select fill" dropped approximately 2% every day that it was aerated. On August 26, 1998, Dickerson stopped working on the test section. During the seven (7) day period, the soil was aerated for three (3) days. On the other four (4) days, no work was performed due to rain. The stockpiled "select fill' meets FDOT and ASSHTO requirements, but using the material has become an issue of constructability and keeping the project on schedule. Even though the "select fill" meets specifications, the clay fines seem to be retaining moisture. If the County allows the Contractor to haul in higher quality off-site materials, the project can stay on schedule and the completed roadway section will be stronger. The proposed off- site material has a high bearing ratio which eliminates the need to mix stabilize into the subgrade. Stabilization of the subgrade and excavation of the south college pond can be deleted from the contract. IRCC is agreeable to eliminating the south college pond because they have decided to expand the campus to the west. When the college is expanded, the County will extend College Lane west to 661' Avenue. At that time a pond will be excavated to provide stormwater retention for the college expansion and the roadway extension. The attached Change Order No. 2 in the amount of $175,150.67 includes increases for hauling in off-site borrow and deducts for eliminating the south college pond and stabilization of the subgrade. Revisions to the south college pond outfall, grading, sodding, and seeding and mulching the pond site are also included in this Change Order. RECOMMENDATIONS AND FUNDING Staff recommends approval of the attached Change Order No. 2 in the amount of $175,150.67. This added to the current contract amount of $6,014,307.03, results in a new contract amount of $6,189,457.70. Funding is from Account 109-214-541-067.31. ATTACHMENT Change Order No. 2 ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved Change Order No. 2 in the amount of $175,150.67 to the contract with Dickerson Florida for a new total contract in the amount of $6,189,457.70, as recommended in the Memorandum. September 8, 1998 CHANGE ORDER NO.2 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 51 I wK 106 PAIL 322 11.H.1. RIVER PARK PLACE DEVELOPER'S AGREEMENT - FINAL PAY REQUEST (RELEASE OF RETAINAGE) The Board reviewed a Memorandum of August 26, 1998: DATE: AUGUST 26, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY SERVWEi` PREPARED WILLIAM F. cC , P.E. AND STAFFED CAPITAL P CTS ENGINEER BY: DEPART OF UTILITY SERVICES SUBJECT: RIVER PARK PLACE DEVELOPER'S AGREEMENT FINAL PAYMENT INDIAN RIVER COUNTY PROJECT NO. CDS/CCS-647 BACKGROUND On April 7, 1998, the Indian River approved a developer's agreement Partnership for the above -referenced agenda package and minutes.) The must be made. ANALYSIS County Board of County Commissioners with River Park Associates, Limited project. (Please reference the attached project is complete, and final payment The total compensation per the original developer's agreement is $139,944.50. (Please reference the attached copy of the approved developer's agreement.) Based on the outlined agreement, the final cost breakdown is as follows: Total construction cost River Park Associates portion Total Indian River County $148,072.52 7,537.50 $140,535.02 Reimbursement shall be per the original approved amount of $139,944.50. Payment has been made in the amount of $125,950.05, which represents 90%. We are now prepared to release the final 10% retainage. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached final pay request in the amount of $13,994.45 and authorize the chairman to execute same as presented. September 8, 1998 52 40 0 • • ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously (4-0, Vice Chairman Macht absent) approved the final pay request of River Park Place in the amount of $13,994.45 and authorized the Chairman to execute same as presented, as recommended in the Memorandum. FINAL PAY REQUEST WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 1LH.2. GRACE'S LANDING DEVELOPER'S AGREEMENT - FINAL PAY REQUEST (RELEASE OF RETAINAGE I The Board reviewed a Memorandum of August 26, 1998 DATE: AUGUST 26, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS P.E.~�. DIRECTOR OF UTILITY SERVICES PREPARED WICAI . M N, P.E. AND STAFFED CAPITAL JECTS ENGINEER BY: DEP OF UTILITY SERVICES SUBJECT: GRACE'S LANDING DEVELOPER'S AGREEMENT FINAL PAYMENT INDIAN RIVER COUNTY PROJECT NO. CDS/CCS-606 BACKGROUND On February 10, 1998, the Indian River County Board of County Commissioners approved a developer's agreement with Grace's Landing for the above -referenced project. (Please reference the attached agenda package and - minutes.) The project is complete, and final payment must be made. September 8, 1998 53 BOOP. 10 C'-� BOOK DO pAcE ANALYSIS The total compensation per the original developer's agreement is $29,308.95. (Please reference the attached copy of the approved developer's agreement.) Based on the outlined agreement, the final cost breakdown is as follows: Total construction cost Grace's Landing portion Total Indian River County $ 65,131.00 35,822.05 $ 29,308.95 Reimbursement shall be per the original approved amount of $29,308.95. Payment has been made in the amount of $26,378.06, which represents 90%. We are now prepared to release the final 10% retainage. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached final pay request in the amount of $2,930.89 and authorize the chairman to execute same as presented. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved the final pay request in the amount of $2,930.89 from Grace's Landing and authorized the Chairman to execute same as presented, as recommended in the Memorandum. FINAL PAY REQUEST WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 11.H.3. LAURELWOOD WASTEWATER TREATMENT PLANT - TERMINATION OF LEASE AGREEMENT WITH CUSTOMER SERVICE._ INC. (AKA LAURELS, INC.) The Board reviewed a Memorandum of August 31, 1998: September 8, 1998 54 l� DATE: August 31, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS,..E. DIRECTOR OF UTILITY VICES PREPARED AND WILL, P.E. STAFFED BY: CAPIl*�Sw ENGINEER SUBJECT: LAURELWOOD WASTEWATER TREATMENT PLANT TERMINATION OF LEASE AGREEMENT On April 24, 1989, the Indian River County Board of County Commissioners and Customer Service, Inc., (AKA Laurels, Inc.) entered into a lease agreement for property that was the site of the Laurelwood Wastewater Treatment Plant. In late 1996 and 1997, the Board of County Commissioners authorized various construction projects (i.e., lift station upgrade and force main construction) aimed at taking the Laurelwood WWTP out of service. This being accomplished, in late 1997 the BCC approved the demolition of the facility as required in item No. 2 of the lease agreement (Please see copy attached). In May 1998, the County initiated the demolition of the WWTP and is now prepared to terminate the lease. The County has chosen not to exercise the option to purchase, as contained in item 6 of the lease agreement, since the Department has no future need for this site. Staff is, therefore, recommending termination of the above -referenced lease agreement. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the execution of the attached termination of lease agreement and authorize Chairman to execute same. ON MOTION by Commissioner Eggert, SECONDED BY Commissioner Ginn, the Board unanimously (4-0, Vice Chairman Macht absent) approved the termination of lease agreement and authorized the Chairman to execute same, as recommended in the Memorandum. September 8, 1998 TERMINATION OF LEASE AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 55 fi BOOK 106 wu'3�'5 BOOK 10 PAGE 39 13.A.1. PASSING OF COUNTY EMPLOYEE, JIMMIE MOSELEY Chairman Tippin announced the passing of a conscientious and hard-working County employee, Jimmie Moseley, who had been in ill health and refused to take sick leave. Building and Grounds will be accepting donations for the family. 13.A.2. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS' ANNUAL DINNER MEETING Chairman Tippin announced that the Treasure Coast Council of Local Governments will be holding their annual dinner meeting in St. Lucie County on the evening of November 12, 1998. He advised that the speaker, Robert Kutchera (owner/operator of Business Humor Corporation) is fantastic and suggested the Commissioners put the meeting in their calendars. More information will be forthcoming. 13.A.3. DIVERSITY OF GOVERNMENT MAIL Chairman Tippin advised that quite a bit of mail comes into the Board of County Commissioners office from various governmental entities. He commented that in a recent mail he had received two diverse letters, one from the U.S. Department of the Interior, Fish and Wildlife Service advocating and asking for assistance in implementing intensive land management including prescribed burning and the other from Manatee County Board of County Commissioners advising oftheir adoption of aresolution and requesting the County's support in the formation of a state-wide "Clean Air Task Force." (CLERK'S NOTE: The two letters referred to above are on file with the backup of the meeting.) 13. C. UNITED WAY'S FIFTH ANNUAL DAY OF CARING The Board reviewed a letter of August 11, 1998: September 8, 1998 56 RECEIVED /3-c August 11, 1998 SEP 0 3 '098 AU.- -10) LkdbWWaV }�g8 CLERK TO THE BOARD. of Dian River GouMr Fran Adams sot zstreet 31 Suite 310 1RC Board of Commissioners P.O. Box leso 1840 25th Street Vero Beach. Ronda 3298f- = Phone (561) U74M Vero Beach, FL 32960 Fax (561) ss7-201e Dear Fran: We are delighted IRC Board of Commissioners has committed to recruiting an employee volunteer team for United Way's Fifth Annual Day of Caring on Saturday, October 17. Your name has been provided to us as the Team Leader. Your team will work on one ofthe community projects based on its choice from the enclosed Project List. If you would like some assistance recruiting your team members, please call Myra Burns or Kerry Harris at United Way - 567-8900. Informative Day of Caring flyers are available that can. be posted at strategic locations throughout your* place of business to help spread the word. The enclosed Project Preference Sheet should be completed and mailed to the address noted on the form by September 11. Projects will be assigned on a first come -first serve basis. After your team chooses a project, United Way and agency representatives will be available to make a brief presentation on your site to finther explain Day of Caring and the programs provided by the agency. This could help you with recruiting more volunteers and energize the team because they will have a better idea why their contribution of time and talents is so important. We will be scheduling these presentations for the week of September 21. If you are interested, please note where indicated on the Project Preference Sheet. We look forward to working with you. Thank you! I Sincerely, Rick Hope, Chairman Fifth Annual Day of Caring Enclosures September 8, 1998 57 BOOK JUCIPA,, 47, 6 BOOK 0 FV'F 3 Commissioner Adams advised that County Commissioners are forming a team for the United Way's Day of Caring on October 1-Iffi . She is expecting all the Commissioners and staffto sip up. She has requested that the team be assigned to sorting food at the food bank. Commissioner Ginn regretted that she would be out of town during that time, and she knew that Vice Chairman Macht would be also. Chairman Tippin said he would be there and suggested that those who could not make it could "hire alternates to come and help." Commissioner Adams also wanted to say a special "thank you" to her husband, Tom, who has been married to her for 25 years and "needs a gold medal." 13.E. SOLID WASTE DISPOSAL DISTRICT - PETITION HEARING DATE & TIME (Clerk's Note: This matter was actually heard following I LH.3.) Commissioner Ginn expressed concern that the Solid Waste Disposal District petition hearing scheduled for Tuesday, September 15, 1998, at 10:30 a.m., might conflict with the invitation to the Commissioners for the Citrus League's luncheon. Administrator Chandler advised that there were only two petitions filed and staff would make every effort to keep the morning Board of County Commissioners' agenda light. Executive Aide to the Board Alice White advised that she had called the Citrus League to explain there would be a meeting that day. NO ACTION TAKEN. 14A SOLID WASTE DISPOSAL DISTRICT The Chairman announced that the Board would meet as the Commissioners of the Solid Waste Disposal District at the conclusion of this meeting. Those Minutes are being prepared separately. September 8, 1998 58 L�] it DOCUMENTS TO BE MADE PART OF THE RECORD NOTICE OF UNCLAIMED MONEYS In accordance with Florida Statutes 116.2 1, the following is to be considered a part of the permanent record of the Meeting of September 8, 1998: Proof of Publication of "Notice of Unclaimed Moneys" as published by the Clerk to the Circuit Court for cash bonds deposited with the Clerk prior to January 1, 1997; published in the Press -Journal on July 29, 1998. PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF UIDIAN RIVER: STATE OF FLOMA oath eaya that he Isis Pro of t o PressJamtel a dally newsWer P�Shed Beach Ink hdian Rhrer County, Florida; that the attached copy of fit, being a in the Ciourt, was Pub- Belted ubBelted In said newspaper In the issues of Affiant further says that the said Press lourrtel Is a roNapaper puWshed at Vero Bea* in said Indlerh River County, Florida, and thou the said L, Inacsha=id Man lues hereLoen fat enebeen seco�cieas malp matter said Indian M hh atUie postOfi Beluh,�Rieer Canty. Florida, fora nrbd one re year nerd preceuf>rg the first pubRcatlan of the attached copy of � and afffard further says that he has neither pall nor prorrh'A n arty person, firm or h � , connnrssian or reGnd to the purpose of secrhg this #............:I,Q` rhe,srapapc. Swam to and before ma this �J_ day 19J1� M1(OdJMIDIgIE><IdES [OWIO.L(111M _AN CommhCC 11 . Jan. 01, 2001 Per=nW* Known or Produced ID 0 Type of ID Prodrwrd September 8, 1998 59 NOTICE OF UNCLAIMED MONEYS, Unciaimed moneys for cash bonds deposited with the Clerk of the Circuit Court, prior to January 1, 1997, for the following defendants will be -forfeited to Indian River County unless claimed by the depositor of the cash bond by September 1,1998: DEFENDANT NAME BOND BAL: JOSEPH BRANREUTHER '250 SALVADOR CENDEJAS 17.50. REGINALD DUBUQUE - 250 JESUS ESCOBAR 2.50 ANDREW FOOTE 2.50 EMANUEL GLENN 200.00 . JUAN HIDALGO 1450 LARRY JACKSON 250.00 ROBERT JOHNSON 2.50 PATRICK LUTHER 1750 GARY NEFF 2750 FRANCES OAKES 500.00 ERIC OWENS 590.00 TERESA PARKS 1450 MIKE PETER 296 25 HQRACIO RODRIGUEZ 250.00 FERNANDO ROJAS 7750 DONALD ROLLINS - 1450 WILLIE TANKERSLEY 1450 MICHAEL WADE 200.00 KIMBERLUY WAITEKUS 14.50 LINDA WATSON 100.00 WILLIAM WELTER + 1750 FLOYD WIMPY 1450 JOAN WORKUM 1450 FRANK ZORC 1,000.00 TOTAL 19,657.75 The depositor of the cash bond may file their written claim to the funds with the Clark of the Court of Indian 'Rives County, Atfentlom Traffic/Misdemeanor Department; P.O. Box 1028, Vero Beach, FL 32961 before September 1, 1998. The depositor shall make sufficient proof (copy of photo identification) to the Clerk of their ownership to be entitled to receive any port of the moneys so claimed. Unless such moneys are claimed on or before September 1, 1998, the funds shall be declared forfeited to Indian Rives County and all claims in reference thereto are forever barred. July 29, 1998 1395836r 807 I ay i�a : 330 BOOK 0 ou There being no finther business, upon motion duly made and seconded, the Chairman adjourned the meeting at 10:44 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved � September 8, 1998 � 4 John W. Tippin, Chairman �7 fo It THE REGULAR MEETING OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SCHEDULED FOR OCTOBER 13, 1998 WAS CANCELED FOR LACK OF QUORUM Bonn 1,100. �11 -1