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HomeMy WebLinkAbout11/17/1998� MINUTES ATTACHED i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, NOVEMBER 17,1998 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS John W. Tippin, Chairman (District 4) Kenneth K Macht, Vice Chairman (District 3) Fran B. Adams (District 1) Caroline D. Ginn (District 5) Ruth Stanbridge (District 2) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP 2. INVOCATION PAGES 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item S.C., Proclamation Designating November 15 though 21,1998 as "Shaken Baby Syndrome Awareness week" in Indian River County. 2. Add Item MALL, Comments regarding Legislative Delegation matters 3. Add Item 13.A.2., Swearing In Citizens at Board Meetings, 5. PROCLAMATION and PRESENTATIONS A. Proclamation Designating Week of Nov. 22-28,1998 as "Christian Heritage Week" in Ind. Riv. Co. 1 B. Proclamation Designating November 19, 1998 as "The Great American Smoke Out" in I.R.C. 2 6. APPROVAL OF MINUTES Regular Meeting of October 27, 1998 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1) Report of Convictions - Oct., 1998, 2) Fla Inland Navigation Dist. (FIND) - District Map, Budget and Meeting Schedule for FY 1998-99 B. Approval of Warrants (memorandum dated November 5, 1998) 3-17 C. Payments to Vendors of Court Related Costs (memorandum dated November 6, 1998) 18 D. Harmony Oaks, Inc. Request for Board Acknowledg- ment of Bargain Sale/Purchase of the Harmony Oaks LAAC Site, for Purposes of Income Tax Credit (memorandum dated November 9, 1998) 19-24 BOOK 107 PAGE 009 BOOK 7. CONSENT AGENDA Lcont'C: E. Bid Award: IRC Bid #9019 Removal of Diesel Fuel Storage Tanks (Utilities Dept.) (memorandum dated November 9, 1998) F. 13th St. SW Right -of -Way Acquisition (memorandum dated November 6, 1998) G. Request for Floodplain Cut and Fill Balance Waiver for Lot 5, Block 16, Vero Lake Estates, Unit 3 (memorandum dated November 6, 1998) H. Professional Services Agreement for 66th Ave. Paving & Drainage Agreement (memorandum dated November 6,1998) 107 urF 10 BACKUP PAGES 25-34 35-41 42-44 45-61 I. Approval of Correction to Reconciliation of Costs Statement Regarding County/State Purchase of the DeGuzman Parcel of the Round Island South LAAC Site (memorandum dated November 10, 1998) 62-74 J. Recently Acquired Property - Tax Cancellation (memorandum dated November 9, 1998) 75-79 K. Required Improvements - Fairways at Grand Harbor, a Planned Residential Development (memorandum dated November 10, 1998) 80-88 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. First Church of God of Vero Beach Inc.'s Request for Special Exception Approval for a Primary and Secondary School Facility (continued from meeting of 10/27/98) (memorandum dated November 10, 1998) 89-105 2. Indian River Land Trust Inc.'s Request for Special Exception Use Approval for McKee Botanical Garden (Quasi -Judicial) (memorandum dated November 10, 1998) 106-120 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS BACKUP A. Community Development PAGES None B. Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None _ F. Personnel None G. Public Works County Beach Scraping (backup will be provided separately) H. Utilities 1. Kings Subdivision Water Main Project Bid No. 8051 (memorandum dated November 5, 1998) 121-124 2. North Beach Reuse Study (memorandum dated October 30, 1998) 125-141 L Human Services None 12. COUNTY ATTORNEY A. Surety Bonds for Constitutional Officers (memorandum dated November 5, 1998) 142-144 B. Request to Remove Development Restriction on Lots 14-20, Colonial Heights Subdivision (memorandum dated October 7, 1998) 145-155 13. COMMISSIONERS ITEMS A. Chairman John W. Tiepin B. Vice Chairman Kenneth R Macht C. Commissioner Fran B. Adams moK 107 PAGE I i BOOK 107 PAGE G I °� BACKUP 13. COMMISSIONERS ITEMS (contd.): D. Commissioner Caroline D. Ginn PAGES E. Commissioner Ruth Stanbridge Appointment to P & Z Commission from District 2 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - meeting of 10/20/98 2. Approval of Minutes - meeting of 10/27/98 3. Bid Award: #9007 Annual Contract for Fill Dirt (memorandum dated November 6, 1998) 156-160 4. Landfill Security Service, Bid No. 9015 (memorandum dated November 5,1998) 161-172 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance Df meeting. Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 1998 1. CALL TO ORDER ............................................... 1- 2. INVOCATION ................................................. .1- 3. PLEDGE OF ALLEGIANCE AND SWEARING IN OF NEW COMMISSIONERS ............ ............................... -1- 4. ADDITIONS TO THE AGENDA ................................... 1- 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2- 5.A. PROCLAMATION - "CHRISTIAN HERITAGE WEEK" ............2- 5.B. PROCLAMATION -"THE GREAT AMERICAN SMOKE OUT' .... -3- 5.C. PROCLAMATION - "SHAKEN BABY SYNDROME AWARENESS WEEK" ................................................. 4- 6. APPROVAL OF MINUTES ....................................... .5- 7. CONSENT AGENDA ........................................... .5- 7.A. REPORTS ................................................. 5- 7.B. LIST OF WARRANTS ........................................ .5- 7.C. PAYMENTS TO VENDORS OF COURT RELATED COSTS .............. .15- 7.D. HARMONY OAKS, INC. AND RIVERPOINT, INC. - REQUEST FOR BOARD ACKNOWLEDGMENT OF BARGAIN SALE/PURCHASE OF THE HARMONY OAKS LAAO SITE FOR PURPOSES OF INCOME TAX CREDIT ............... .16- 7.E. BID #9019 - REMOVAL OF DIESEL FUEL STORAGE TANKS - UTILITIES - FRED RICE & ASSOCIATES, INC .................................... .18 - NOVEMBER 17, 1998 -1- BOOK 10'7 PAGE 613 A r BOOK IN PAGE G14 71. GEORGE AND SARITA JOHNSTON -13TH STREET RIGHT-OF-WAY ACQUISITION ...................................................... .19- 7.G. MGB CONSTRUCTION, INC. - FLOODPLAIN CUT AND FILL BALANCE WAIVER - LOT 5, BLOCK 16, VERO LAKE ESTATES, UNIT 3 ................. .20- 7.H. 66TH AVENUE PAVING AND DRAINAGE PROFESSIONAL ENGINEERING SERVICES AGREEMENT - CARTER ASSOCIATES, INC . ............... .22- 7.I. ROUND ISLAND SOUTH LAAC SITE - DEGUZMAN PARCEL - CORRECTION TO RECONCILIATION OF COSTS STATEMENT REGARDING PURCHASE ...... .23- 7.J. RESOLUTION 98-128 CANCELLING TAXES - BARNETTE AND HARIOT GREENE - AND RESOLUTION 98-129 CANCELLING TAXES - GRIFFIN AND CAMILLE GREENE (RECENTLY ACQUIRED PROPERTIES) ................... .24- 7.K. FAIRWAYS AT GRAND HARBOR, PLANNED RESIDENTIAL DEVELOPMENT - CONTRACT FOR REQUIRED IMPROVEMENTS - CASH DEPOSIT AND ESCROW AGREEMENT ............................................ .29- 9.A.1. PUBLIC HEARING - FIRST CHURCH OF GOD OF VERO BEACH, INC. - REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR PRIMARY AND SECONDARY SCHOOL FACILITY (CONTINUED FROM OCTOBER 27, 1998 ............................................................ .30- 9.A.2. PUBLIC HEARING - INDIAN RIVER LAND TRUST, INC. - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR MCKEE BOTANICAL GARDEN (Quasi -Judicial) ....................................... .40- I I.G. COUNTY BEACH SCRAPING ................................... .47- 11.H.1. KINGSWAY SUBDIVISION - WATER MAIN PROJECT UW -97 -09 -DS - BID #8051 - TREASURE COAST CONTRACTING ................... .51- 11.H.2. NORTH BEACH REUSE STUDY - PROJECT US -97 -04 -ED - BROWN & CALDWELL............................................... .52- 12.A. SURETY BONDS FOR CONSTITUTIONAL OFFICERS .............. .53 - NOVEMBER 17, 1998 -2- 12.B. COLONIAL HEIGHTS SUBDIVISION, LOTS 14 THROUGH 20 - REQUEST TO REMOVE DEVELOPMENT RESTRICTION (ZORC - HERAN) ...... .54- 13.A.1. LEGISLATIVE DELEGATION MATTERS .................... .60- 13.A.2. SWEARING IN CITIZENS AT BOARD MEETINGS ............ .60- 13.E. COMMISSIONER STANBRIDGE - PLANNING & ZONING COMMISSION - DISTRICT 2 - RESIGNATION OF WILLIAM MCNAMEE - APPOINTMENT OF DR. DAVID COX .......................................... .60- 14.B. SOLID WASTE DISPOSAL DISTRICT ............................ .62 - NOVEMBER 17, 1998 -3- BOOK 107 FACE November 17, 1998 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, November 17, 1998, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Caroline D. Ginn; and Ruth Stanbridge. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Tippin called the meeting to order. 2. INVOCATION Dr. Don Watkins of Morningstar Church delivered the Invocation. 3. PLEDGE OF ALLEGIANCE AND SWEARING IN OF NEW COMMISSIONERS Commissioner Adams led the Pledge of Allegiance to the Flag. Executive Aide Alice White swore in the new Commissioners Ruth Stanbridge and John Tippin. 4. ADDITIONS TO THE AGENDA Chairman Tippin requested three (3) additions to today's Agenda: 1. Item 5.C., Proclamation Designating November 15 through 21, 1998 as "Shaken Baby Syndrome Awareness Week" in Indian River County. NOVEMBER 17, 1998 -1- BOOK 107 FnE 6.1.6 Fr- -7 BOOK 107 PAGE 617 2. Item 13.A.1., Comments regarding Legislative Delegation matters. 3. Item 13.A.2., Swearing in citizens at Board meetings. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously added the above items to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PROCLAMA TIONDESIGNA TING WEEK OFNOVEMBER 22-28, 1998 AS "CHRISTIANHERITAGE WEEK" ININDIANRIVER COUNTY The Chairman presented the following Proclamation to Robert Johnson of the Indian River County Family Association: PROCLAMATION DESIGNATING THE WEEK OF NOVEMBER 22 - 28,1998 AS "CHRISTIAN HERITAGE WEEK" IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, in America's first written constitution, the Mayflower Compact, the Pilgrim fathers made a Covenant with Almighty God to "form a civil body politic" for the glory of God and the advancement of the Christian faith," and WHEREAS, our Founding Fathers recognized that obedience to our Sovereign Lord was the key to national prosperity and security, and WHEREAS, the Lord is recognized in all fifty state constitutions as the Chief Cornerstone of civil government and of all other American institutions, and WHEREAS, Abraham Lincoln proclaimed that, "it is the duty of nations to own their dependence on the overruling power of God" and, "That those nations only are blessed whose God is the Lord," and WHEREAS, we measure time in the United States and in the western world from the birth of the Son of God: NOW, THEREFORE, BE IT PROCLA34ED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week ofNovember 22 - 28, 1998 be designated as NOVEMBER 17, 1998 CHRISTIAN HERITAGE WEEK in Indian River County. The Board, in conjunction with the Indian River County Family Association, recognizes the importance of our Christian Heritage in family life. Adopted this 17 day ofNovember,1999 BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA 'rw S.B. PROCLAMATIONDESIGNATINGNOVEMBER 19.1998AS "THE GREATAMERICANSMOKE OUT"ININDIANRIVER COUNTY The Chairman read the following Proclamation: PROCLAMATION DESIGNATING NOVEMBER 19,1998 AS "THE GREAT AMERICAN SMOKE OUT" IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, smoking is the most preventable cause of death in Florida, and 24.60/a of adult Floridians are smokers; and WHEREAS, in 1992, approximately 28, 176 Floridians died as a result of tobacco, which translates to one in five deaths among Florida residents; and WHEREAS, the 1992 Florida Youth Risk Behavior Survey concluded that 64% of 9-12 graders surveyed had tried smoking, and 25% of current 12th graders smoke; and WHEREAS, persons with under twelve years of education and non -college bound students have much higher smoking rates than those who complete high school or go on to higher education; and WHEREAS, there is an.urgent need to target dropout and vocational/technical school students: NOW, THEREFORE, BE IT PROCLAIN[ED BY TEE BOARD OF COUNTY COMMISSIONERS OF INDIAN -RIVER COUNTY, FLORIDA that November 19, 1998 is designated as NOVEMBER 17, 1998 -3- BOOK 107 PAGE BOOK i0_7 FACE "THE GREAT AMERICAN SMOKE OUT" in Indian River County, and the Board urges all parents and teachers to make the children aware of the danger of smoking and the serious consequences derived from this activity. Adopted this 17 day of November, 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r� Jon . Tippin, C an S.C. PROCLAMA TIONDESIGNA TING NOVEMBER 15-21 1998 AS "SHA KEN BA B Y S YNDR OME A WARENESS WEEK" ININDL4N RIVER COUNTY, FLORIDA The Chairman read the following Proclamation: PROCLAMATION DESIGNATING NOVEMBER 25-21,1998 AS "SHAKEN BABY SYNDROME AWARENESS WEEK" IN INDIAN RIVER COUNTY, FLORIDA WHEREAS. head trauma is the leading cause of disability among abused infants and children, and shaking a baby, even if for only a few seconds, can cause bleeding inside the head and increased pressure on the brain, injuring the baby for life; and WHEREAS, Shaken Baby Syndrome is a condition that can result when a baby is vigorously shaken; and WHEREAS, Shaken Baby Syndrome occurs most 5requmdy in infants less than six months old, yet can occur up to the age of three years, often with no obvious outward signs of inside injury, even though almost 25% of babies with Shaken Baby Syndrome die; and WHEREAS, an important mission of the Exchange Club of Indian River is to educate the Public about the harmful effects -of shaking a baby.. NOW, THEREFORE, BE IT PROCLA&= BY THE BOARD OF COUNTY CONMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week ofNovember 15-21, 1998 be designated as NOVEMBER 17, 1998 SHAKEN BABY SYNDROME AWARENESS WEEK in Indian River County. Adopted this 1701 day of November, 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA , TWn W. Tippin, a an 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of October 27, 1998. There were none. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously approved the Minutes of the Regular Meeting of October 27, 1998, as written. 7. CONSENT AGENDA Commissioner Ginn requested that Item 7.D. be pulled for discussion. 7.A. REPORTS Received and placed on file in the Office of the Clerk to the Board: 1. Report of Convictions, October, 1998 2. Florida Inland Navigation District (FIND) - District Map, Budget and Meeting Schedule for FY 1998-99 7.B. LIST OF WARRANTS The Board reviewed a Memorandum of November 5, 1998: NOVEMBER 17, 1998 E'UDP( iF PAGE G22® FF,_ I BOOK 107 PACE 6 2-1 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 5, 1998 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06. Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of October 29 to November 5. 1998. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from October 29, 1998 through November 5, 1998, as recommended by staff. CHECK NAME CHECK CHECK 0019671 TEAMSTERS LOCAL ONION NO 769 1998-10-29 4,043.60 0019672 KEY TRUST COMPANY 1998-11-03 760.25 0019673 MASI, JANICE 1998 -11 -OS 15.60 0251593 A A FIRE EQUIPMENT, INC 1998-11-05 300.80 0251594 ABC-CLIO INC 1998 -11 -OS 283.55 0251595 ACE PLUMBING, INC 1998-11-05 42.00 0251596 A G L L 1998 -11 -OS 14.70 0251597 AIRBORNE EXPRESS 1998-11-05 60.45 0251598 ALPHA ACE HARDWARE 1998-11-05 33.18 0251599 ANIMAL CARE EQUIPMENT AND 1998 -11 -OS 93.17 0251600 APPLE MACHINE & SUPPLY CO 1998-11-05 358.24 0251601 AT YOUR SERVICE 1998 -11 -OS 1,911.20 0251602 ATCO TOOL SUPPLY 1998-11-05 224.00 0251603 AUTO SUPPLY CO OF VERU BEACH, 1998-11-05 131.59 0251604 ANDERSON, MICHAEL 1998-11-05 30.00 0251605 ADAM'S MARK HOTEL 1998-11-05 225.00 0251606 AQUAGENIX LAND -WATER 1998 -11 -OS 191.00 0251607 ALL POWER SERVICES, INC 1998-11-05 394.00 0251608 ANKENY, JOHN 1998-11-05 30.00 0251609 ABARE, EDWARD J III 1998-11-05 58.76 0251610 APCO INTERNATIONAL 1998-11-05 60.00 0251611 A T & T WIRELESS SERVICES 1998-11-05 42.01 0251612 A T & T 1998 -11 -OS 48.06 0251613 AMERICAN DESALTING 1998-11-05 25.00 0251614 ASHWORTH INC 1998-11-05 32.00 0251615 AMERICAN METEOROLOGICAL 1998-11-05 30.00 0251616 AUTO PARTS OF VERO, INC 1998 -11 -OS 641.61 0251617 ALEXANDER, MIKE 1998-11-05 30.00 0251618 ANDERSON, STEVE RON 1998-11-05 30.00 0251619 A T & T 1998-11-05 43.27 0251620 ANCESTRY PUBLISHING 1998-11-05 54.90 0251621 AMA20N.CO4 1998-11-05 286.80 0251622 ARCADIA PUBLISHING 1998-11-05 20.49 0251623 ANDERSON, WILLIAM D 1998-11-05 9,266.62 0251624 ADKINS JEWELRY 1998-11-05 102.00 0251625 ASSOCIATES COMMERLIM CORP. 1998-11-05 7,310.16 0251626 APA -FLORIDA CHAPTER 1998-11-05 125.00 0251627 ALLSTATE 1998-11-05 563.02 0251628 B & B INDUSTRIAL SUPPLY 1998-11-05 125.14 NOVEMBER 17, 1998 CHECK NAME CHECK CHECK SER DATE AMOUNT 0251629 BAITA, DAVID M 1998-11-05 30.00 0251630 BAKER DISTRIBUTING CO 1998-11-05 1,797.91 0251631 BOARD OF COUNTY COMMISSIONERS 1998-11-05 11,042.86 0251632 SOLING, STAN 1998-11-05 48.00 0251633 BREATHING AIR SYSTEMS DIVISION_ 1998-11-05 342.00 0251634 BROWN, PAUL F 1998-11-05 30.00 0251635 BARTON, JEFFREY K -CLERK 1998 -11 -OS 1,472.50 0251636 BERGGREN EQUIPMENT CO, INC 1998-11-05 4,098.97 0251637 BAKER & TAYLOR INC 1998-11-05 162.00 0251638 BULLARD, EDWARD 1998-11-05 30.00 0251639 BOOKS IN MOTION 1998-11-05 10.00 0251640 BLATUS, JAMES 1998-11-05 352.01 0251641 BAUMGARTNER, MICHAEL 1998 -11 -OS 30.00 0251642 BAILES, EMORY 1998-11-05 30.00 0251643 BOYNTON PUMP & IRRIGATION 1998-11-05 5.64 0251644 BROWER, MATTHEW 1998-11-05 30.00 0251645 BAXTER, RONALD 1998-11-05 30.00 0251646 BASS, GEOFFREY 1998-11-05 30.00 0251647 BILLING SERVICES INC 1998-11-05 42.97 0251648 BESANCON, MARK 1998-11-05 30.00 0251649 BLAKESLEE MAINTENANCE 1998-11-05 150.00 0251650 BOOKS ON TAPE INC 1998-11-05 275.50 0251651 BAKER & TAYLOR ENTERTAINMENT 1998-11-05 224.99 0251652 SET -1 -SOUTH MOBILITY 1998 -11 -OS 15.00 0251653 BELLSOUTH 1998-11-05 222.61 0251654 BAUER, JANICE 1998-11-05 30.00 0251655 BLUE CROSS/BLUE SHIELD OF 1998-11-05 11,122.38 0251656 BRAUGHTON, DON 1998-11-05 30.00 0251657 BRENNAN, RANDALL 1998-11-05 30.00 0251658 BRINSON, GERALD 1998-11-05 30.00 0251659 BASCOMBE, ROBERT 1998-11-05 30.00 0251660 BROWNE, J MIKE 1998-11-05 30.00 0251661 BOLLMAN, TERRY L 1998-11-05 30.00 0251662 BRISKIE, RON 1998 -11 -OS 30.00 0251663 BAKER, LAWRENCE C 1998-11-05 30.00 0251664 BURNS, GEORGE R 1998-11-05 30.00 0251665 BLANCHARD, KENDALL 1998-11-05 30.00 0251666 BAKER, RANDY 1998-11-05 30.00 0251667 BROWN, LAWRENCE J 1998-11-05 30.00 0251668 BARKWELL, CHAD 1998 -11 -OS 30.00 0251669 GIGGLES, MARK 1998 -11 -OS 30.00 0251670 BOUGH, GEORGE 1998-11-05 30.00 0251671 BRADDY, MARTY 1998-11-05 30.00 0251672 BATCHELDER, CLARENCE 1998-11-05 30.00 0251673 BLACKBURN, COLE 1998-11-05 14.16 0251674 BARRETT, ERIC C 1998-11-05 1,125.00 0251675 BIENES CENTER FOR TEE LITERARY 1998 -11 -OS 15.00 0251676 CAMP, DRESSER & MCKEE, INC 1998-11-05 30,000.00 0251677 CENTRAL WINDOW OF 1998-11-05 47.50 0251678 CHANDLER EQUIPMENT CO, INC 1998 -11 -OS 196.53 0251679 CITRUS MOTEL 1998-11-05 360.00 0251680 COLD AIR DISTRIBUTORS 1998-11-05 35.80 0251681 COMMUNICATIONS INT'L INC 1998 -11 -OS 263.25 0251682 CORBIN, SHIRLEY E 1998-11-05 262.50 0251683 CREASER, GEORGE 1998-11-05 30.00 0251684 CHEMSEARCH 1998-11-05 244.84 0251685 CHAMBER OF COMMERCE 1998-11-05 20.00 0251686 CLEARFIELD COMPANY, INC 1998-11-05 219.65 0251687 CLINIC PHARMACY 1998-11-05 134.21 0251688 COLVIN, DANNY 1998 -11 -OS 30.00 0251689 CRUCE, AUGHTMAN E 1998-11-05 30.00 0251690 CREDIT, NORMAN 1998-11-05 30.00 0251691 CAIRNS, JAMES 1998-11-05 30.00 0251692 COALITION FOR THE HOMELESS OF 1998-11-05 3,795.07 0251693 CROWE, MICHAEL 1998-11-05 30.00 0251694 CALL ONE, INC - 1998-11-05 25.07 0251695 C4 IMAGING SYSTEMS INC 1998-11-05 1,647.00 0251696 CLIFFORD, MIKE 1998-11-05 200.00 0251697 CACCAVONE, JOHN JR 1998-11-05 30.00 0251698 CORPORATION OF THE PRESIDENT 1998-11-05 52.00 0251699 CYBERGUYS 1998-11-05 77.78 0251700 CARTER, CYNTHIA L 1998-11-05 9.00 0251701 CUMMINGS, BOBBY 1998-11-05 30.00 0251702 COOPER, GEORGE 1998 -11 -OS 30.00 0251703 CLIFFORD, DEBBIE 1998 -11 -OS 30.00 0251704 CENTER FOR EMOTIONAL AND 1998-11-05 310.00 0251705 COLVIN, THOMAS 1998-11-05 30.00 0251706 CHILDERS, JIM 1998-11-05 30.00 0251707 CRUCE, JIMMY E 1998-11-05 30.00 0251708 COX; ROBERT 1998-11-05 30.00 0251709 CURTIS, ROBERT 1998-11-05 30.00 0251710 COSNER, CHRIS 1998-11-05 30.00 NOVEMBER 17, 1998 -7- BOOK 107 PAGE 0 I BOOK iG' 7 PnF 623 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0251711 CAMPBELL, GLEN 1998-11-05 30.00 0251712 COLBERG, PAUL 1998-11-05 30.00 0251713 COLEMAN, DONALD '1998-11-05 30.00 0251714 CONE, PAUL 1998-11-05 30.00 0251715 COUGHLIN, JOHN 1998-11-05 30.00 0251716 COB, ROBERT 1998-11-05 30.00 0251717 CREAMER, MICHAEL 1998-11-05 30.00 0251718 CUETO, GIOVANNI 1998-11-05 30.00 0251719 COPH CONTINUING ED 1998-11-05 10.00 0251720 CZECH HERITAGE SOCIETY 1998-11-05 19.95 0251721 CENTRAL AIR CONDITIONING & 1998-11-05 147.63 0251722 DAILY COURIER SERVICE 1998-11-05 616.00 0251723 DAVES SPORTING GOODS 1998-11-05 129.28 0251724 DELTA SUPPLY CO 1996-11-05 484.68 0251725 DICKEY SCALES, INC 1998-11-05 710.00 0251726 FLORIDA DEPARTMENT OF BUSINESS 1998-11-05 148.94 0251727 DOCTOR'S CLINIC 1998-11-05 1.00 0251728 DON SMITH'S PAINT STORE, INC 1998-11-05 149.85 0251729 DATA SUPPLIES, INC 1998-11-05 1,309.99 0251730 FLORIDA DEPARTMENT OF 1998-11-05 250.00 0251731 DIVE RESCUE INT'L, INC 1998 -11 -OS 90.00 0251732 DEGRAFFENREID, JAMES 1998-11-05 30.00 0251733 FLORIDA DEPARTMENT OF 1998-11-05 675.00 0251734 D'ANGLEO, LEONARDO 1998-11-05 30.00 0251735 DILTS, GARY 1998 -11 -OS 30.00 0251736 DIEHL, TERRY 1998-11-05 30.00 0251737 DURLING, RICHARD 1998-11-05 30.00 0251738 DUNKELSERGER ENGINEERING & 1998-11-05 8,255.00 0251739 DADE PAPER COMPANY 1998-11-05 212.66 0251740 DYKE, RODNEY 1998-11-05 30.00 0251741 DAVIS, RICHARD 1998-11-05 30.00 0251742 DOWNTOWN PRODUCE INC 1996-11-05 55.20 0251743 DARCY, DENNIS 1998-11-05 30.00 0251744 DILLARD, CASSIE 1998-11-05 15.45 0251745 DRENNING, RICHARD 1998-11-05 30.00 0251746 DORSETT, ESROM 1998-11-05 30.00 0251747 DIRECTORY DISTRIBUTING ASSOC 1998-11-05 89.76 0251748 DECO COMPUTER SUPPLIES 1998-11-05 235.00 0251749 DICTAPHONE 1998-11-05 37.00 0251750 DIRECTORY PUBLICATION OFFICE 1998 -11 -OS 78.94 0251751 DATACAP SYSTEMS, INC. 1998-11-05 50.00 0251752 DELORME 1998-11-05 44.95 0251753 DOWN TO EARTH IRRIGATION 1998-11-05 30.00 0251754 E -Z BREW COFFEE SERVICE, INC 1998-11-05 60.50 0251755 ERRETT, NANCY 1998-11-05 71.92 0251756 EVERHART, MARK 1998-11-05 30.00 0251757 ETTER, TONY 1998-11-05 30.00 0251758 ENDRES, BRUCE 1998-11-05 30.00 0251759 EDLUND & DRITENBAS 1998-11-05 11,895.13 0251760 ExPEDITER INC, THE 1998-11-05 180.08 0251761 ELLIS, TOM 1998-11-05 30.00 0251762 ENLOW, THEODORE 1998-11-05 30.00 0251763 EDWARDS, CHARLES 1998-11-05 30.00 0251764 E D DESIGNER HATS 1998-11-05 210.00 025176'5 ECKERD DRUG CO 1998-11-05 51.74 0251766 EASLICK, GARY E 1998-11-05 30.00 0251767 ENDRES, PAUL 1998-11-05 30.00 0251768 EBECUTIVE TOOL COMPANY, INC. 1998 -11 -OS 617.91 0251769 EZ GOLF 1998-11-05 696.00 0251770 FERE% 1998-11-05 16.00 0251771 FINNEY, DONALD G 1998-11-05 26.68 0251772 FLORIDA EAST COAST RAILWAY CO 1998-11-05 142,640.06 0251773 FLORIDA POWER & LIGHT COMPANY 1998-11-05 1,741.06 0251774 FLORIDA DEPT OF LABOR/EMPLOYMT 1998 -11 -OS 2,335.82 0251775 FLINN, SHEILA I 1998-11-05 570.50 0251776 FEATHERS, MICHAEL, 1998 -11 -OS 30.00 0251777 FALCON CABLE 1998-11-05 25.10 0251778 FLORES, JESSE 1998-11-05 30.00 0251779 FT PIERCE, CITY OF 1998-11-05 1,527.91 0251780 FRIEDEWOLD, KURT 1998-11-05 30.00 0251781 FENDLEY, LLOYD 1998-11-05 30.00 0251782 FOWLER, LESTER 1998-11-05 30.00 0251783 FLORIDA EMERGENCY PREPAREDNESS 1998-11-05 150.00 0251784 FANTAUZZI, NELSON 1998-11-05 30.00 0251785 FOSTER, JIMMIE 1998-11-05 30.00 0251786 FLOOD, STEPHEN ADAM 1998-11-05 30.00 0251787 FLOOD, WILLIAM 1998-11-05 30.00 0251788 FIDGEoN, PETER 1998-11-05 30.00 0251789 FULLER, KIP 1998-11-05 30.00 0251790 FPL 1996-11-05 317.30 0251791 FLORIDA BOARD OF PROFESSIONAL 1998-11-05 750.00 0251792 FALANA, DANA F 1998-11-05 30.00 0251793 FLOOD, DONNIE 1998-11-05 30.00 NOVEMBER 17, 1998 s e • CHECK NAME CHECK SCR NUMBER DATE AMOK 0251794 GENEALOGICAL PUBLISHING 1998-11-03 72.25 0251795 GLIDDEN COMPANY, THE 1998-11-05 36.30 0251796 GOODKNIGHT LAWN EQUIPMENT, INC 1998-11-05 432.91 0251797 GRAYBAR ELECTRIC CO INC 1998-11-05 1,128.40 0251798 GABBERT, JOSEPH 1996-11-05 30.00 0251799 GOODYEAR AUTO SERVICE CENTER 1998-11-05 651.72 0251800 GIBSON, KEVIN 1998-11-05 30.00 0251801 GENEALOGY UNLIMITED SOCIETY 1998-11-05 35.00 0251802 GUY, SEA 1998-11-05 30.00 0251803 GEE, DAVID 1998-11-05 30.00 0251804 GILLETTE, TIMOTHY 1998-11-05 30.00 0251805 GREEN, WILLIAM 1998-11-05 30.00 0251806 GLENTON, JOHN 1998-11-05 30.00 0251807 GLASER, AMY SMYTH 1998 -11 -OS 49.44 0251808 GAY, DAVID R 1998-11-05 30.00 0251809 GRILL REFILL, INC 1998-11-05 68.00 0251810 GAITHER, TIMOTHY L 1998-11-05 30.00 0251811 GREEN, FREDDIE 1998-11-05 30.00 0251812 GOLLNICK, PEGGY 1998-11-05 1,263.50 0251813 GERMAN GENEALOGICAL DIGEST 1998-11-05 322.00 0251814 HARRIS SANITATION, INC 1998-11-05 606.86 0251815 HELENA CHEMICAL CO 1998-11-05 85.00 0251816 HUNTER AUTO SUPPLIES 1998-11-05 947.44 0251817 HALLOCK, RAYMOND 1998-11-05 30.00 0251818 HOLIDAY BUILDERS, INC 1998-11-05 500.00 0251819 HERITAGE BOOKS, INC 1998-11-05 41.50 0251820 HOWARD, D E JR 1998-11-05 30.00 0251821 HARPER, MAX R 1998-11-05 30.00 0251822 HELD, PATRICIA BARGO 1998-11-05 140.00 0251823 HARTSFIELD, PHILLIP JR 1998-11-05 30.00 0251824 HUNT, RON 1998 -11 -OS 30.00 0251825 HALLIDAY, ROBERT 1998-11-05 30.00 0251826 HAAS, BRUCE 1998-11-05 30.00 0251827 HARGREAVES, JAMES 1998-11-05 30.00 0251828 HILL MANUFACTURING 1998-11-05 2,040.26 0251829 BALL, GREGORY 1998 -11 -OS 30.00 0251830 HINTON, GEORGE C 1998-11-05 30.00 0251831 HARRIS COTHERMAN & ASSOCIATES 1998-11-05 29,000.00 0251832 BAILEY, REB 1998-11-05 30.00 0251833 HODGE, TED 1996-11-05 30.00 0251834 HILL, PETER 1998-11-05 30.00 0251835 HEWETT, DEAN 1998-11-05 30.00 0251836 HICKS, HARRY 1998-11-05 30.00 0251837 HASENAUER, KRIS 1998-11-05 16.50 0251838 HURLEY, LARRY 1998-11-05 30.00 0251839 HOWARD, JEFFREY 1998-11-05 30.00 0251840 HOBBS, JAMES 1998-11-05 30.00 0251841 HIGHTOWER, MARY 1998-11-05 30.00 0251842 HARDWICK, EARL 1998 -11 -OS 30.00 0251843 HAMILTON, EDWARD 1998 -11 -OS 30.00 0251844 HARRELL, JAMES 1998 -11 -OS 30.00 0251845 HARE, DEANNA 1998-11-05 425.00 0251846 STANLEY HATFIELD & VINCENT 1998-11-05 225,000.00 0251847 HEPTINSTALL, MICHAEL L 1998-11-05 30.00 0251848 HODGSON, JACK 1998-11-05 30.00 0251849 HARTSFIELD, PHILLIP SR 1998-11-05 30.00 0251850 INDIAN RIVER ACE HARDWARE 1998-11-05 17.04 0251851 INDIAN RIVER BATTERY, INC 1998-11-05 655.15 0251852 INDIAN RIVER BLUE PRINT, INC 1998-11-05 311.04 0251853 INDIAN RIVER COUNTY UTILITY 1998-11-05 1,876.59 0251854 INGRAM LIBRARY SERVICES 1998-11-05 140.51 0251855 INDIAN RIVER ANIMAL HOSPITAL 1998-11-05 44.00 0251856 IRVINE MECHANICAL, INC 1998 -11 -OS 583.17 0251857 IBM CORPORATION 1998-11-05 1,513.47 0251858 INDIAN RIVER ALL -FAB, INC 1998-11-05 464.70 0251859 INDIAN RIVER CLUB 1998-11-05 19,175.58 0251860 IRC EMPLOYEE HEALTH INSURANCE- 1998-11-05 102,745.93 0251861 IRON OFFICE SOLUTIONS 1998-11-05 260.19 0251862 ISAACS, DANNY 1998-11-05 30.00 0251863 INTEL GROUP, THE 1998-11-05 775.00 0251864 INDIAN RIVER COUNTY SHERIFF'S 1998-11-05 75.00 0251865 INDIAN RIVER COMMUNITY COLLEGE 1998-11-05 1,188.00 0251866 INDIAN RIVER COUNTY SCHOOL 1998-11-05 203.50 0251867 IRRIGATION CONSULTANTS UNLIMIT 1998-11-05 19.41 0251868 J C PENNEY 1998-11-05 311.94 0251869 JANIE DEAN CHEVROLET, INC 1998-11-05 1,009.25 0251870 JUDICIAL & ADMINISTRATIVE 1996 -11 -OS 264.00 0251871 JR REPORTING ASSOCIATES, INC 1998-11-05 32.50 0251872 JORDAN, KENNETH 1998-11-05 30.00 0251873 JOELSON CONCRETE PIPE COMPANY 1998-11-05 1,192.08 0251874 JAY, KENNETH 1998-11-05 30.00 0251875 JENKINS, MICHAEL 1998-11-05 30.00 0251876 JONES, GUS 1998-11-05 30.00 NOVEMBER 17, 1998 1-07 2 BOOK D_9 PAGE 625 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0251877 JEFFERSON, LORENZO 199811-05 30.00 0251878 JENKINS, RALPH S 1998-11-05 30.00 0251879 JENKINS, BRUCE E 1998 -11 -OS 30.00 0251880 JONES, CYRIL 1998-11-05 30.00 0251881 JACOBSON, AL 1998 -11 -OS 30.00 0251882 JOSEPH, RENNETS 1998 -11 -OS 30.00 0251883 JOHNSON, LETISHA 1998-11-05 255.20 0251884 JI*ff RIPPLE STUCCO INC 1998-11-05 450.00 0251885 JOHNSON, ROY LEE JR 1998-11-05 30.00 0251886 BEATING, ROBERT M 1998 -11 -OS 48.00 0251887 KELLY TRACTOR CO 1998 -11 -OS 245.00 0251888 KOKOCHAK, WARREN G 1998-11-05 30.00 0251889 KENNEDY GROVES INC 1998 -11 -OS 37,569.70 0251890 KELLER, SCHLEICSER & 1998 -11 -OS 1,200.00 0251891 TEMP, HAROLD E 1998-11-05 30.00 0251892 RNIEF, MARK A 1998-11-05 30.00 0251893 KIRBY AUTO SUPPLY FT PIERCE 1998 -11 -OS 109.39 0251894 KLINK, RICHARD 1998-11-05 1,408.00 0251895 BLOTZER, ROBERT 1998-11-05 30.00 02SIS96 KISIO, MICHAEL 1998-11-05 30.00 0251897 KIRKLAND, CLENT 1998-11-05 30.00 0251898 KERSEY, JACK 1998-11-05 30.00 0251899 KING, TOM 1998 -11 -OS 30.00 0251900 LAWYERS DIARY & MANUAL 1998-11-05 30.00 0251901 LOFF, HAROLD JOE JR. 1998-11-05 30.00 0251902 LOWE'S SOME CENTERS, INC 1998-11-05 360.50 0251903 LYCZAK, RICHARD 1998-11-05 30.00 0251904 LEWIS, RUTH A 1998 -11 -OS 54.00 0251905 LIGHT SOURCE BUSINESS SYSTEMS 1998-11-05 1,018.10 0251906 LFI VERO BEACH, INC 1998-11-05 3,823.04 0251907 LESCO, INC 1998-11-05 74.97 0251908 LEWIS, BRIAN 1998-11-05 30.00 0251909 LEWIS, MARK 1998-11-05 30.00 0251910 LETTS, BRIAN J 1998-11-05 30.00 0251911 LUTZ, HARRY 1998-11-05 30.00 0251912 LOWE'S SOME CENTERS, INC 1998-11-05 40.90 0251913 LARGENT, TIMOTHY S 1998-11-05 30.00 0251914 LANCE, KENNETH 1998-11-05 30.00 0251915 LICARI, LINDA 1998-11-05 30.00 0251916 LASTER, EARL 1998-11-05 30.00 0251917 LANDSCAPE CONNECTION 1998-11-05 95.00 0251918 MAXWELL PLUMBING, INC 1998-11-05 155.95 0251919 MILNER DOCUMENT PRODUCTS 1998-11-05 3,074.10 0251920 MITCHELL, RICHARD 1998-11-05 30.00 0251921 MAP LINK, INC 1998-11-05 22.24 0251922 MEDICAL RECORD SERVICES, INC 1998-11-05 18.10 0251923 MILLER, JERALD D 1998 -11 -OS 30.00 0251924 METZ, JOHN L 1998 -11 -OS 30.00 0251925 MAIN STREET HARDWARE, INC 1998-11-05 117.25 0251926 MARC INDUSTRIES 1998-11-05 557.88 0251927 MAYER, ARTIE 1998-11-05 30.00 0251928 MORUZZI, WILLIAM 1998-11-05 30.00 0251929 MARRERO, LUIS 1996-11-05 30.00 0251930 MEDCHECK 1998-11-05 759.64 0251931 MGB CONSTRUCTION INC 1998-11-05 500.00 0251932 MATTESON, CHRIS 1998-11-05 30.00 0251933 MILLER, LEE 1998-11-05 30.00 0251934 MILLER, JOSEPH C 1998-11-05 30.00 0251935 MCNEAL, PATRICK 1998-11-05 30.00 0251936 MYERS, GREGG 1998-11-05 30.00 0251937 MERGLER, LENORA J 1998-11-05 84.00 0251938 R A MORELLO CONTRACTING 1998-11-05 500.00 0251939 MORSE, JEFFREY R 1998-11-05 30.00 0251940 MARRONE, JOE 1998-11-05 30.00 0251941 MCCULLERS, MIRE 1998-11-05 30.00 0251942 MARLIN DEVELOPMENT 1998-11-05 500.00 0251943 MCCREARY CORPORATION 1998 -11 -OS 51.40 0251944 NATIONAL FIRE PROTECTION 1998-11-05 565.00 0251945 NATIONAL PROPANE CORP 1998 -11 -OS 142.91 0251946 NAGY, BELA 1998 -11 -OS 69.30 0251947 NORTHERN SAFETY COMPANY 1998-11-05 144.02 0251948 NICHOL, ROBERT F 1998-11-05 30.00 0251949 NAPIER, WILLIAM MATT 1998-11-05 25.52 0251950 NORMAN, JAMES 1998-11-05 30.00 0251951 NICHOLSON, ADOLPHUS 1998-11-05 30.00 0251952 NUGENT, EDWARD 1998-11-05 30.00 0251953 O'REEFE, BRADFORD 1998-11-05 30.00 0251954 OFFICE PRODUCTS & SERVICE 1998-11-05 934.63 0251955 OGILVIE, LIONEL H 1998-11-05 30.00 0251956 ON IT'S WAY 1998-11-05 471.25 0251957 O'NEIL, LEE & WEST 1998-11-05 8,695.89 0251958 OOLEY, DANNY 1998-11-05 30.00 NOVEMBER 17, 1998 -10- s • CHECK NAME NUMBER CHECK CHECK DATE AMOUNT 0251959 O'NEIL, JAMES 1998-11-05 0251960 OCEANA PUBLICATIONS, INC 1998-11-05 30.00 0251961 O'DARE, RELLIE M 1998-11-05 145.83 0251962 PAN AMERICAN ENG CO 1998 -11 -OS 93.75 0251963 PERKINS DRUG, INC 1998 -11 -OS 240.00 0251964 PERKINS INDIAN RIVER PHARMACY 1998 -11 -OS 377.84 0251965 PERRY, TBEOLA -11 -OS 359.211998 0251966 PHILLIPS, LINDA R 1998-11-05 650.56 0251967 PIPER, INC 1998-11-05 147.00 0251968 KEN pUTTICR BUICK CADILLAC 1998-11-05 6.34 0251969 PRIDE OF FLORIDA 1998-11-05 200.00 0251970 PORT PETROLEUM, INC 1998-11-05 280.00 0251971 PRESS JOURNAL 1998-11-05 561.21 0251972 POSTMASTER 1998-11-05 371.25 0251973 POST, ROGER 1998-11-05 128.00 0251974 PRICE, CHARLES 1998-11-05 30.00 0251975 PAGENET OF FLORIDA 1998-11-05 2,360.00 0251976 PARRISH, RICK 1998-11-05 189.09 0251977 PEASE, CLINTON 1998-11-05 30.00 0251978 PECK, PAUL 1998-11-05 30.00 0251979 PEOPLES TITLE, INC THE 1998-11-05 30.00 0251980 PANGBURN, TERRI 10,000.00 0251981 PRESS JOURNAL 1998-11-05 24.00 0251982 PRESCITI, VICTOR J 1998-11-05 1998-11-05 117.00 0251983 PEACE, JOHNNY 1998-11-05 30.00 0251984 PERRY, GENE 1998-11-05 30.00 0251985 POST, GUS 1998-11-05 30.00 0251986 PAYNE, GEORGE 1998-11-05 30.00 0251987 PERSONNEL PLUS INC 1998-11-05 30.00 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WILLIAM C 1998-11-05 30.00 0252076 TREASURE COAST COURT 1998-11-05 150.00 0252077 TEAGUE, ROSEMARY 0252078 T C BILLING CORPORATION 1998-11-05 152.38 0252079 TRADESHOW WEEK 1998-11-05 9,881.28 0252080 TRAFFIC MONITORING 1998-11-05 1998-11-05 349.00 0252081 TAILORED TOURS PUBLICATION 1998-11-05 440.00 205.55 0252082 THE TAMPA TRIBUNE 1998-11-05 40.06 0252083 THOMPSON, DENNIS 1998-11-05 30.00 0252084 TYNDALL, GARY 1998-11-05 30.00 0252085 T A P SOD 1998-11-05 2,214.00 0252086 IIS FILTER DISTRIBUTION GROUP 1998-11-05 894.08 0252087 IIS IMAGING INC 1998 -11 -OS 313.70 0252088 UNIPSYCH BENEFITS OF FL,INC 1998-11-05 2,OB9.80 0252089 TRIPP, CHALMER 0252090 TRoUTMAN, ANNIE 1998-11-05 30.00 0252091 VALENTINE, ROBERT SR 1998-11-05 1998 -11 30.00 0252092 VERO BEACH, CITY OF -OS 1998-11-05 30.00 5,326.10 0252093 VERO CHEMICAL DISTRIBUTORS,INC 1998-11-05 176.08 0252094 VERO LAWNMOWER CENTER, INC 1998-11-05 248,90 0252095 VONBUELOW, ROBERT 1998-11-05 60.00 0252096 VERO BEACH POLICE DEPARTMENT 1998 -11 -OS 15.91 0252097 VERO BEACH, CITY OF 1998-11-05 163.50 0252098 VERO BEACH POLICE DEPARTMENT 1998-11-05 25.00 0252099 VERO BEARING & BOLT 1998-11-05 140.72 0252100 VOLUNTEER ACTION CENTER 1998-11-05 0252101 VILLENEAUVE, RICHARD 1998-11-05 75.00 30.00 0252102 VANTAGE EQUIPMENT CO 1998-11-05 271.80 0252103 VOTRUBA, WILLIAM E 1998-11-05 30.00 0252104 VICKERS, DAVID S 1998-11-05 30.00 0252105 VALENTINE, ROBERT JR 1998 -11 -OS 30.00 0252106 VOTZI, MICHAEL 1998 -11 -OS 30.00 0252107 VALENTINI, PATRICK 1998-11-05 30.00 0252108 WALSH, LYNN 1998-11-05 48.72 0252109 WILSON'S PETROLEUM EQUIPMENT, 132.50 0252110 WOLSTENHOLME, SHIRLEY1998-11-05 1998-11-05 15.64 0252111 W W GRAINGER, INC 1998-11-05 102.30 0252112 WIGINTON FIRE SPRINRLERS,INC 1998-11-05 0252113 WILLHOFF, PATSY 1998-11-05 1.971.35 0252114 WILLIAMS, BETTY R, RN 1998-11-05 130.00 94.00 0252115 WHEELER PUBLISHING, INC 1998 -11 -OS 139.99 0252116 WILSON, MARGARET F 1998 -11 -OS 75.38 0252117 WHEATLEY, ALAN 0252118 WORKSRIGHT SOFTWARE INC 1998-11-05 1998-11-05 30.00 0252119 WAGNER, DANIEL, 1998 -11 -OS 1,500.00 0252120 _WILSON, ELWOOD 1998-11-05 30.00 0252121 WRAP N' SHIP 1998-11-05 30.00 0252122 WINTERFELD, GARY 1998-11-05 78,20 0252123 WODTKE, RUSSELL 1998-11-05 30.00 0252124 WALKER, DONALD 1998-11-05 30.00 30.00 NOVEMBER 17, 1998 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0252125 WOOLFORK, WILLIAM 1998-11-05 30.00 0252126 WILES, GARY 1998 -11 -OS 30.00 0252127 WOODIWISS, SETH 1998-11-05 30.00 0252128 WILLIAMS, VAN 1998-11-05 30.00 0252129 WOOD, EDGAR 1998-11-05 30.00 0252130 WEST GROUP PAYMENT CTR 1998-11-05 70.00 0252131 WELLS, MMM 1998 -11 -OS 30.00 0252132 WATTERS, DAVID K 1998-11-05 30.00 0252133 WICKER, JOANNE 1998-11-05 30.00 0252134 WARD, CHARLES 1998-11-05 30.00 0252135 WIGGLESWORTH, HAROLD 1998-11-05 30.00 0252136 WILLIS, EDDRICK 1998-11-05 30.00 0252137 WOLSTENHOLME, THOMAS 1998-11-05 30.00 0252138 WADSWORTH, MITCH 1998-11-05 30.00 0252139 XEROX CORPORATION 1998-11-05 1,410.00 0252140 YELLOW SPRINGS INSTRUMENT CO, 1998-11-05 2,042.19 0252141 YOUNG, JERRY 1998-11-05 30.00 0252142 YATES, WILLIAM 1998-11-05 30.00 0252143 YOUNG, FRANCES (BUD) 1998 -11 -OS 30.00 0252144 YOUNG, LEON 1998-11-05 30.00 0252145 ZANCA, LEONARD 1998-11-05 30.00 0252146 ZEPHYRHILLS NATURAL SPRING 1998-11-05 1.70 0252147 TRAMMELL, DENISE 1998-11-05 393.76 0252148 STROLLO, ROCCO 1998-11-05 221.34 0252149 BELL, MICHAEL L 1998-11-05 52.51 0252150 TASSI, GUIDO 1998-11-05 52.51 0252151 PATNODE, EDWARD 1998-11-05 54.70 0252152 EAKIN, WILLIAM & JOY 1998-11-05 55.71 0252153 FREEMAN, JOHN C 1998-11-05 55.62 0252154 FESTA, JENNIFER A 1998-11-05 53.02 0252155 COON, ROBERT L 1998 -11 -OS 51.60 0252156 MORTON, JACQUELYN P 1998-11-05 55.12 0252157 KOTTWITZ, LISA M 1998-11-05 53.36 0252158 BAIRD, WILMA 1998-11-05 105.04 0252159 SMITH, RICHARD G 1996 -11 -OS 105.04 0252160 BEARD, JAMES W 1998-11-05 54.25 0252161 DUBOSE, SIDNEY 1998-11-05 54.12 0252162 STIPP, LUNN C 1998 -11 -OS 53.24 0252163 FOULKS II, RONALD H 1998-11-05 53.03 0252164 TOZZOLO BROTHERS 1998-11-05 50.76 0252165 BRANDON CAPITAL CORP 1998 -11 -OS 74.10 0252166 BRYANT, JOHN C 1998-11-05 11.94 0252167 ALEXANDER, SARAH 1998-11-05 40.00 0252168 GRAHAM, MARGARET 1998-11-05 40.00 0252169 R ZORC & SONS BUILDERS INC 1998-11-05 86.35 0252170 HART, MARIA 1998-11-05 33.98 0252171 DUNN, WILLIAM T 1998-11-05 26.79 0252172 ELLIS, GEORGE L 1998-11-05 21.19 0252173 JONES, RUTH& MAE 1998-11-05 70.42 0252174 MARCCLEY, JOAN N 1998-11-05 51.52 0252175 HOLIDAY BUILDERS 1998-11-05 50.00 0252176 PATTON III, GEORGE 1998-11-05 50.00 0252177 ZANCA, LEN 1998-11-05 79.33 0252178 MC INTYRE, MOLLY A 1998 -11 -OS 39.27 0252179 LESNESKI, JOHN W 1998-11-05 26,22 0252180 JONES, TANIA A 1998-11-05 16.87 0252181 GOULD, KEITH 1998-11-05 57.15 0252182 FLINN, CHRISTOPHER 1998-11-05 19.47 0252183 HURST, STEWART W 1998-11-05 29.62 0252184 MADDENS, FAWN M 1998-11-05 20.82 0252185 WILLIAMS, DOROTHY M 1998-11-05 67.61 0252186 JOHN LLOYD BUILDERS INC 1998-11-05 68.86 0252187 CAMPBELL, TODD 1998-11-05 9,92 0252188 WHEELER, LISA NELSON 1998-11-05 27.96 0252189 DIVAN, DENNIS & DEBRA 1998-11-05 44.01 0252190 MAXWELL III, JAMES R 1998-11-05 82.77 0252191 MEADE, JAMES 1998-11-05 45.38 0252192 LEIFHELM, JOHN 1998-11-05 32.23 0252193 MAC GLENNON, KATHLEEN 1998-11-05 81.48 0252194 VANDYKE, DAVID M 1998-11-05 67.07 0252195 MGB CONSTRUCTION INC 1998-11-05 43.77 0252196 JOHNSON, ROBYN 1998-11-05 48.60 0252197 CATHOLIC DIOCESE 1998-11-05 44.83 0252198 PERUGINI CONSTRUCTION 1998-11-05 37.51 0252199 GROZA BUILDERS 1998-11-05 40.12 0252200 RITTER, KARI & JOHN 1998 -11 -OS 3.64 0252201 BEAZER HOMES FLORIDA INC 1998-11-05 31.56 0252202 BRIGHT, LEVONIA TORY 1998-11-05 10.08 0252203 HOLIDAY BUILDERS 1998 -11 -OS 73.18 0252204 RAYMO INC 1998-11-05 66.01 0252205 AULD, MICHAEL S 1998-11-05 26.88 0252206 LUCAS, PAUL & T.Tea 1998-11-05 33.25 NOVEMBER 17, 1998 -13-f, 5-12 booK 1.07 PAGE CHECK NAME CHECK CBECK NUMBER DATE AMOUNT 0252207 RUMAN, CALENE 1998-11-05 18.04 0252208 LOUIS, DONALD 1998-11-05 20.70 0252209 SNOW, ANNA 1998-11-05 57.85 0252210 WARNER, JANET 1998-11-05 25.67 0252211 SEAGRAVE, MARC S 1998-11-05 333.35 0252212 SHELLS N THINGS 1998 -11 -OS 40.91 0252213 BIDER, MARK & TEPI= 1998-11-05 19.56 0252214 BIGGS, FRANK 1998-11-05 18.68 0252215 SACKETT, BRANDI 1998-11-05 33.70 0252216 THOMAS, WINSTON 1998-11-05 24.69 0252217 MAYES II, JAMES 1998-11-05 5.64 0252218 WENDT, MICHAEL J 1998-11-05 14.49 0252219 HERDEMAN, TED J 1998-11-05 42.19 0252220 VINAGRE, NORBERTO 1998-11-05 27.21 0252221 PASSAGE ISLAND HOMES 1998-11-05 74.10 0252222 BARBERENA, ROSARIO 1998-11-05 51.31 0252223 HEATH, TINA 1998-11-05 23.02 0252224 VINCENT, ROSEMARIE 1998-11-05 14.99 0252225 ELLISON, LYNNE 1998-11-05 61.71 0252226 CARPENTER, CRAIG E 1998-11-05 28.88 0252227 JONES & JONES INC 1998-11-05 100.00 0252228 WILSON JR, HOBERT A 1998-11-05 25.27 0252229 GUERRA, RAYMOND & NANCY 1998-11-05 37.34 0252230 SCHLITT, MARY LYNNE 1998-11-05 31.62 0252231 PURCELL, MICHAEL J 1998-11-05 67.16 0252232 AMERITREND HOMES 1998-11-05 6.62 0252233 WALKER, CURTIS L 1998-11-05 3.54 0252234 MISIEWICZ, MICHAEL 1998-11-05 70.29 0252235 CLEAVER, RICHARD 1998-11-05 2.31 0252236 IERNA, PAUL 1998-11-05 91.55 0252237 ESPOSITO, THERESA ANN 1998-11-05 64.25 0252238 REVS LE, JAMES D 1998-11-05 2.29 0252239 LOUDERMILK, SARA 1998-11-05 36.57 0252240 REYNA, ROBERT CARLOS 1998-11-05 9.54 0252241 RICHARD & ELIZABETH A 1998 -11 -OS 620.09 0252242 *-A'-*AND JOHNSON 1998-11-05 1,250.00 0252243 SECURITY TITLE OF INDIAN 1998-11-05 620.09 0252244 BLOCK & TAYLOR, ATTY 1998-11-05 620.09 0252245 BETTY J WARD 1998 -11 -OS 20.00 0252246 COMMERCIAL TITLE SERVICES INC 1998-11-05 203.52 0252247 COMMONWEALTH LAND TITLE INS CO 1998-11-05 602.07 0252248 GENE R & JOANN R OHL 1998-11-05 3.23 0252249 NEERAJI M & JAYA PUNGLIA 1998-11-05 45.00 0252250 GRACE LANDING, LTD 1996-11-05 1,970.04 0252251 PROFESSIONAL TITLE OF INDIAN 1998-11-05 108.36 0252252 THE CLOSING TABLE INC 1998-11-05 436.43 0252253 LAURA LOPEZ 1998-11-05 20.85 0252254 JANET S SONES 1998 -11 -OS 14.78 0252255 PRITCHARD SWEETING 1998 -11 -OS 14.14 0252256 PRITCARD SWEETING 1998-11-05 12.68 0252257 SCHLITT JR, ROBERT 1998-11-05 7.84 0252258 GRAHAM MD, PAUL ABRAM 1998-11-05 56.21 0252259 MOTHERS WORK INC 1998-11-05 71.88 0252260 CORNING REVERE FACTORY STORES 1998-11-05 167.10 0252261 GHO VERO BEACH INC 1998-11-05 93.73 0252262 CORNERSTONE SELECT HOMES INC 1998-11-05 25.15 0252263 MGB CONSTRUCTION INC 1998-11-05 119.08 0252264 GROZA BUILDERS 1998-11-05 9.60 0252265 CHRISTMAN, KEVIN 1998-11-05 15.26 0252266 READING, MELISSA P W 1996-11-05 39.91 0252267 SCOTT, PEGGY 1998-11-05 74.49 0252268 BRANDON CAPITAL CORP 1998-11-05 41.44 0252269 ALLOPENNA, PHILIP 1998-11-05 11.60 0252270 ROBE, BAYARD 1998-11-05 100.00 0252271 STRANG, FLORENCE 1996-11-05 17.71 0252272 KLINE, LARRY 1998-11-05 41.38 0252273 R ZORC & SONS BUILDERS INC 1998-11-05 37.41 0252274 BIRD, RICHARD N 1998 -11 -OS 61.74 0252275 OLESKOW JR, MATHEW 1998-11-05 60.32 0252276 JAMES DOOLITTLE & ASSOC 1998-11-05 68.42 0252277 KOCAS, LISA 1998-11-05 23.63 0252278 SHIVERS JR, DANIEL 1998-11-05 47.83 0252279 DARDEN, ALICE MAE 1998-11-05 25.80 0252280 RIDGEWAY, CLARENCE 1998-11-05 43.58 0252281 BEAZER HOMES FLORIDA INC 1998-11-05 101.74 0252282 BRETT, MARY S 1998-11-05 105.90 0252283 SMITH, CRYSTAL M 1998-11-05 26.34 0252284_ JONES, LITISA 1998 -11 -OS 49.28 0252285 BOURDEAU, RICK & CINDY 1998-11-05 4.51 0252286 CAVIT CONSTRUCTION INC 1998-11-05 29.96 0252287 WEINTRAUB, JERRY 1998-11-05 48.10 0252288 KYLE'S RUN 1998-11-05 17.67 NOVEMBER 17, 1998 • -14- • • CHECK NAME CHECK CHECK NUMBER 693.00 DATE AMOUNT 0252289 VNA HOSPICE 1998-11-05 84.53 0252290 SMITH, FREDERICK 1998-11-05 30.55 0252291 REEVES, WILLIAM 1998-11-05 55.54 0252292 MILLER, GAYLE R 1998-11-05 3.77 0252293 BOWEN JR, THANIEL A 1998 -11 -OS 13.62 0252294 PIAZZA, MARIANNE 1998-11-05 66.74 0252295 FOSTER MANAGEMENT 1998-11-05 88.18 0252296 AMERITREND HOMES 1998-11-05 62.85 0252297 NATIONAL HOUSING BUILDING CORP 1998-11-05 317.50 0252298 FORBES, PRECIOUS D 1998-11-05 15.88 0252299 FIELDS, EMMA JEAN 1998-11-05 63.47 0252300 BROWN, JACQUELINE 1998 -11 -OS 16.28 0252301 KOWN, STEPHANIE 1998-11-05 58.30 0252302 MARTINE, STEVEN & LINA 1998-11-05 90.14 0252303 MARK BRACKETT 1998 -11 -OS 1,505.00 876,838.92 7. C. PAYMENTS TO VENDORS OF COURT RELATED COSTS The Board reviewed a Memorandum of November 6, 1998: TO: Board of County Commissioners V VfP FROM: Terrence P. O'Brien, Assistant County Attorney I DATE: November 6, 1998 SUBJECT: Payments to Vendors of Court Related Costs The Office of the County Attorney has processed and approved payment to the following vendors for the week of November 2, 1998. Listed below are the vendors names and the amount of each court related costs. JR Reporting Associates Transcription 32.50 Peggy Gollnick Transcription 693.00 Shirley E. Corbin Transcription 262.50 Medical Record Services, Inc. Record Research 9.05 Medical Record Services, Inc. Record Research 9.05 Pat B. Held Transcription 66.50 Linda R. Phillips Transcription 147.00 Pat B. Held Transcription 38.50 Pat B. Held Transcription 35.00 Sheila I. Flinn Transcription 570.50 Peggy Gollnick Transcription 483.00 Lenora J. Mergler Transcription 21.00 Lenora J. Mergler Transcription 35.00 Lenora J. Mergler Transcription 28.00 Peggy Gollnick Transcription 87.50 Edward J. Abare, Ill, Esq. Witness Reimbursement 58.76 Treasure Coast Court Report Court Reporter 150.00 Vero Beach Polic Department Photos 15,91 Eric Barkan, Esq. Legal Services 1,125.00 Big Dipper Productions Expert Witness 106.74 Barbara G.Schopp Transcription 49.00 Linda Copeland Transcription 115.50 Shirley E. Corbin Transcription 80.50 Shirley E. Corbin Transcription 140.00 Brabara G. Schopp Transcription 24.50 Linda Copeland Transcription 367.50 Shirley E. Corbin Transcription 77.00 Shirley E. Corbin Transcription 45.50 Sheila 1. Flinn Transcription 94.50 Patricia B. Held Transcription 35.00 Esquire Reporting Court Reporter 68.75 Esquire Reporting Transcription 65.50 Lenora J. Mergler Transcription 105.00 Peggy Gollnick Transcription 371.00 Shirley E. Corbin Transcription 63.00 Federal Express Overnight mail 14.75 Federal Express Overnight mail 26.25 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 NOVEMBER 17, 1998 • -15- WK U7 FACE '3' Medical Record Services Medical Record Services Federal Express Federal Express James T. Long, Esq. James T. Long, Esq. James T. Long, Esq. Total Record Research Record Research Overnight Mail Overnight Mail Public Defender Conflict - Felony Public Defender Conflict - Misd. Public Defender Conflict - Juvenile NO ACTION REQUIRED OR TAKEN. BOOK 107 Ff+..GE GH 39.01 9.28 15.75 16.00 10,200.00 2,400.00 900.00 19,797.80 7.D. HARMONY OAKS. INC AND RIVERPOINT. INC - REQUEST FOR BOARD ACKNOWLEDGMENT OF BARGAIN SALEIPURCHASE OF THE HARMONY OAKS LAA C SITE FOR PURPOSES OF INCOME TAX CREDIT The Board reviewed a Memorandum of November 9, 1998: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: 17111 R eaimg, AICD Community Development FROM: Roland M. DeBlois Chief, Environmental Planning DATE: November 9, 1998 SUBJECT: Harmony Oaks, Inc. Request for Board Acknowledgment of Bargain sale/ Purchase of the Harmony Oaks LAAC Site, for Purposes of Income Tax Credit It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 17, 1998. On April 21, 1998, the Board of County Commissioners approved purchase of the Harmony Oaks property under the County environmental lands program. The +90 acre property is located at the south county line, east of U.S. #1 and south of Vero Shores Subdivision (see attached map). On May 28, 1998, county staff closed the purchase, and is now finalizing after -the -fact 50016 cost -share reimbursement from the Florida Communities Trust (FCT). The purchase price of the Harmony Oaks property was $299,500, 83% of the $360,000 approved appraised value. David Blair, president of Harmony Oaks, Inc. and Riverpoint Inc., the sellers of the property, considered the transaction a bargain sale. Now, W. Blair is requesting that the Board acknowledge the bargain sale/purchase on federal income tax forms, whereas the seller(s) can apply for a tax credit (see attached letter and forms). As such, this matter is herein presented for the Board's consideration to acknowledge the bargain purchase. The "Harmony Oaks" purchase consisted of two contiguous parcels, one owned by Harmony Oaks, Inc., and the other owned by Riverpoint, Inc. Both companies were represented by David Blair, who is president of both companies. Accordingly, attached are two income tax forms, one for each company. When the Harmony Oaks purchase was reviewed by the County Land Acquisition Advisory Committee (LAAC), the Committee recommended that the Board approve the purchase prior to obtaining cost -share fiords because the seller had agreed to sell the property at a discount (83% of approved appraised value). According to David Blair, the sellers were willing to sell the property at a discount because the County agreed to close the purchase in a relatively short time -frame and seek after -the -fact reimbursement vs. the normal, longer time -flame of an FCT cost -share joint closing. NOVEMBER 17, 1998 • • Cooperation with sellers to allow for federal income tax credit is a negotiation tool used by county staff to promote bargain sales, consistent with the County Land Acquisition Guide. It is staff s position that it is in the County's interest to cooperate with sellers on income tax credit, since it promotes bargain sales and benefits the County's overall acquisition program of county bond funds. in terms of negotiations and prudent expenditure Staff recommends that the Board of County Commissioners acknowledge the discount sale and purchase of the Harmony Oaks LAAC site, and authorize the Board Chairman to sign the attached sellers' federal income tax credit forms. NOVEMBER 17, 1998 HA 4wj 0�4x.S ru -17- 619 BOOK Ili 7 PAGE bu Boa 107 FnE G33 7 Commissioner Ginn noted that tax credits are not specifically mentioned in the County's Land Acquisition Guide. She felt that the Lost Tree Islands could have been purchased under a friendly condemnation and was troubled by the seller requesting these credits after -the -fact. Commissioner Adams believed these credits work the same way as a charitable contribution on your personal income taxes. Commissioner Ginn requested that staff present a proposed addition to the Guide regarding these credits. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously acknowledged the discount sale and purchase of the Harmony Oaks LAAC site and authorized the Chairman to sign the sellers' federal income tax credit forms, as recommended by staff. COPIES OF FORMS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. BID #9019 -REMOVAL OF DIESEL FUEL STORAGE TANKS- UTILITIES - FRED RICE & ASSOCIA TES, ING The Board reviewed a Memorandum of November 9, 1998: DATE: November 9, 1999 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. (bsOdler, C=* Administrator H T. "Sooay" Dean, General ServioeZV DnB��'" FROM: Fran Boynton -Powell, Pmcbasing SUBJECT: Bid Award IRC Bid X9019 Removal of Diesel Fuel Storage Tanks _ Utilities Department BACKGROUND INFORMATION Bid Opening Date: September 23,1998 at 2:00 P.M. Advertising Dates: September 4, & 9,1998 Specifications Mailed to: Seventeen (17) Vendors Rept: Six (6) Vendors NOVEMBER 17, 1998 BID TABULATION SE, onus W WTp SOUTH COUNTY wwrp TOTAL Cape Canaveral Marine Services, $2,730.00 $2,175.00 •S4,95,00 Caw Canaveral, FL Fred Rice dt Associates Inc 54,200.00 $4,200.00 $8400.00 Ft Pierce, FL ' Florida Spill Response $4,500.00 $4,500.00 $9,000.00 Cocca, FL McKenzie Service Co $4,578.00 - $4,578.00 $9,156.00 Jacksonville FL Glasgow Equipment Services $7,557.00 $8,557.00 $16,114.00 West Palm Beech, FL Evans Enviromental Dista --died, did not Melbourne, FL use County forms *Note: This bid was rejected because the bid form was moomplete and non-respounvm Staff was unable to contact them because of incorrect phone mrmbas listed ou the bid farm and no phone numbers listed for references. TOTAL AMOUNT OF BID $8,400.00 SOURCE OF FUNDS 1%fi iW`sM Qr/Otho Canhaot W Savioes (471-218-536-033.49) ESTIMATED BUDGET $10,000.00 RECONDGZM710N Staff recommends that the bid be awarded to the send low bidder, Fred Rice and Associates Incas the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid (See Department Memo.) In addition, staff requests auth nzatioa for the C hamaeu to awcam the original agreenw of when the enclosed sample agreement has been reviewed and approved as to farm by the County Attorney. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously awarded Bid #9019 to Fred Rice and Associates, Inc. and authorized the Chairman to execute the agreement when reviewed and approved by the County Attorney as to form, as recommended by staff. 15 AGREEMENT SON FILE IN THE OFFICE OF • THE BOARD. 7. F. GEORGE AND SARITA JOHNSTON -13T f SWSTREET RIGHT-OF-WAY ACQUISITION The Board reviewed a Memorandum of November 6, 1998: NOVEMBER 17, 1998 -19-F.�uEe °�4 BOOK D' PAGt �•�� TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director CONSENT AGENDA FROM: Donald G. Finney, SRA, ounty -of-Way Agent SUBJECT: 13's Street SW Right -of -Way Acquisition DATE: November 6, 1998 DESCRIPTION AND CONDITIONS Fifty feet (50) of additional right-of-way is needed on the north side of 13' Street SW. The Sellers have executed a Contract for the Purchase of a 29 wide right-of-way at $9,150.00. The Sellers have executed both deeds, one for the right-of-way purchase and the second deed for the 30' wide dedicated right-of-way. Delivery of both deeds are being held in trust pending Board approval and closing. The Public Works staff considers the Contract For Sale and Purchase reasonable and equitable. RECOMMENDATIONS AND FUNDING Staff requests the Board of County Commissioners approve the $9,150.00 purchase and authorize the Chairman to execute the contract. Funding to be from the One Cent Sales Tax Account No. 315- 214-541-066.12. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Contract with George D. Johnston, Jr. and Sarita B. Johnston in the amount of $9,150 and authorized the Chairman to execute same, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. G. MGB CONSTRUCTION. INC -FLOODPLAIN CUT AND FILL BALANCE WAIVER -LOTS BLOCK 16 VERO LAKE ESTATES UNIT 3 The Board reviewed a Memorandum of November 6, 1998: NOVEMBER 17, 1998 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works D recto CONSENT AGENDA FROM: David B. Cox, P.E., Civilngineer Qc- SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 5, Block 16, Vero Lake Estates, Unit 3 REFERENCE: Project No. 98100042 DATE: November 6, 1998 DESCRIPTION AND CONDITIONS MGB Construction, Inc. has submitted a building permit application for a single family residence on the subject property. The site is looted in an AE special flood hazard zone, base flood elevation 22.3 1 N.G.V.D. In the attached letter from the applicant's engineer dated November 4, 1998, a waiver of the cut and fill balance requirement is requested. The lot area is 1.08 acres. The volume of the 100 year floodplain displaced by the proposed grading plan is estimated to be 1,150 cubic yards. ALTERNATIVES AND ANALYSIS The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit. Alternative No. 1 Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Alternative No. 2 Deny the cart and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECMATIONS Staff recommends approval of Alternative No. 1. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously granted the floodplain cut and fill balance waiver for Lot 5, Block 16, Vero Lake Estates, Unit 3, based on the criteria of Section 930.07(2)(d)4, as recommended by staff. NOVEMBER 17, 1998 -21- BOOK 107 PAGE Fr- -7 BOOK 10.1 PAGE 637 7.H. 66THAVENUE PAVING AND DRAINAGE PROFESSIONAL ENGINEERING SERVICESAGREEMENT - CARTER ASSOCIATEs. ING The Board reviewed a Memorandum of November 6, 1998: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Professional Services Agreement for 66°h Avenue Paving & Drainage Agreement DATE: November 6, 1998 At the March 10, 1998, of County Commissioners regular meeting, the staff requested and Board approved authorization to advertize for Engineering services to design a two lane road along 66th Avenue between SR60 and 12th Street. Staff selected Carter Associates during the selection process and has negotiated a contract for professional engineering, surveying, drainage design, environmental permitting, and related services in connection with the project. The scope includes a preliminary study for bridging the Indian River Farms Water Control District Main Relief Canal. After the preliminary design is approved, staff will negotiate an amendment to the contract for final bridge design. Staff recommends the Chairman execute the attached Engineering Services Agreement. Funding to be from 109-214-541- 067.74 (Secondary Road Construction Fund - Gas Tax Revenue)in the amount of $66,000; plus reimbursables (copies, postage, etc.) at this time. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Professional Engineering Services Agreement with Carter Associates, Inc. and authorized the Chairman to execute same, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD NOVEMBER 17, 1998 • Z L ROUND ISLAND SOUTH LAA C SITE - DEGUZMAN PARCEL - CORRECTION TO RECONCILIATION OF COSTS STATEMENT REGARDING PURCHASE The Board reviewed a Memorandum of November 10, 1998: TO: James E. Chandler County Administrator DE CO DATE: November 10, 1998 M. ting, AICP ' Community Development Director / FROM: Roland M. DeBlo' Chief, planning SUBJECT: Approval of Corrected "Statement of Grant Award (Cost -share) Calculations" Regarding County/State purchase of the DeGuzman parcel of the "Round Island South" LAAC Site It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 17, 1998. The Board of County Commissioners, at a public hearing on September 8, 1998, approved county purchase of six of nine parcels in the Round Island South LAAC project, with a 50% cost -share grant from the Florida Commtmnes Trust (FCT). Subsequently, on October 20, 1998, the Board approved closing documents associated with the purchase, including "Statements of Grant Award (Cost -Share) Calculations" (see attached minutes). One of the six parcels is being acquired from the DeG»z"Ana County staff in coordinating with FCT's attorney and the DeGuzman's attorney for closing of that parcel, learned that the Statement of Grant Award Calculation for the DeGuzman parcel inadvertently did not include a $200 fee relating to title insurance. For that reason, attached is an Amended purchaser's Reconciliation of Total project Costs" statement relating to the DeGuzman parcel for the Board's approval consideration. The DeGuzman reconciliation statement provides a break -down of acquisition costs, and details concerning the cost - share amount that the County will receive from the FCT. The amended statement accounts for the $200 fee that was inadvertently left out of the statement approved by the Board on October 20". As provided for on the revised statement, 5001a of the fee will be paid by the FCT, thus the con=tlon reflects $100 in additional cost to the County than what has already been approved. Staff recommends that the Board of Comity Commissioners approve the attached "Amended purchaser's Reconciliation Of Total Project Costs" statement relating to the DeGuzman parcel of the Round Island South site, and authorize the Board Chairman to execute said document ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Amended Purchaser's Reconciliation of Total Project Costs statement relating to the DeGuzman parcel of the Round Island South site and authorized the Chairman to execute same, as recommended by staff. COPY OF AMENDED RECONCILIATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD NOVEMBER 17, 1998 -23- • BOCK 107 PAGE 038 Fr- -I BOOK 107 PAGE 639 7.J. RESOLUTION 98-128 CANCELLING TAXES - BARNETTE AND HARIOT GREENE -AND RESOL UTION 98-129 CANCELLING TAXES - GRIFFIN AND C"ILLE GREENE - (RECENTLY&QUIRED PROPERTY) The Board reviewed a Memorandum of November 9, 1998: TO: Board of County Commissioners '/ FROM: Lea R. Keller, CLA Legal Assistant - County Attorney's Office DATE: November 9,1998 RE: Recently Acquired Property - Tax Cancellation The County recently acquired some property and, pursuant to Section 196.28, F.S., the Board of County Commissioners, after formally accepting it, is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purpose. Such cancellation must be done by resolution with a certified cosy being forward to the Tax Collector (along with copies sent to the Property Appraiser and Fixed Assets). Reouested Action. Board authorize the Chairman to sign the attached resolutions canceling taxes upon lands the County recently acquired. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 98-128 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Barnette and Hariot Greene - 58' Avenue R/W [Oslo to 26]). Re: R/W - 68th Ave. (Oslo to 28) Barnette 6 Hadot Greene RESOLUTION NO. 98-12 8 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 186.28, 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 carry out the provisions of Section 196.28, F.S.; NOVEMAER. 17,1998 -24- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1239, Page 2755, which was recently acquired by Indian River County for future fight of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certH7ed copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner d m and the motion was seconded by Commissioner Ginn . and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye I. Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 1_ day of November .1998. NOVEMBER 17, 1998 BOARD OF COUNTY COMMISSIONERS John , P Chairman -25- urian ww ca Approved Dais Admin / )p legal � . Su0get O;:pL Risk Mgr. BOOK 1,07 PAGE 64 I 11 N O� 0 z 0 J �o 00 M CD k-------------- SCALE 1"=100' � I 523.00 ----------- -- -- c 174.33 ' 65959 04' -I PARCEL 113W _ 174.33 ' h I Trocf Line—�_ i I `c KING'S HIGHWAY lb I I — — I I Section Line — — SE cor Sec 8 LEGAL DESCRIPTION The West 76 feet of the East 156 feet of the SE 1/4 of the SE 1/4 of Section 8, Township 33 South, Range 39 East, according to the lost general plot of the lands of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florio, LESS the South 523 feet, ALSO LESS the North 659.04'. Containing 0.30 acres, lying in Indian River County, Florida. CERTIFICATION I, Charles A. Cromer, hereby certify that I am a registered Professional Land Surveyor .licensed to practice in the state of Florida, that this sketch was mode under m immediate supervision, and that it certify that this sketch meets the Minimum Technical standards as described in Chapterr 21 HHe 6 of theis accuratand yect. I Florida Admin istrative Code, pursuant to F.S. Chapter 472. PREPARED FOR INDIAN RIVER COUNTY p z "64" ea ENGINEERING DEPARTMENT Charles A. Cramer, P.L.S. Reg. #4094 Indian River County Surveyor 99LZSd6CZ I uo 1840 25th St, Vero Beach, FL 32960 THIS IS NOT A SURVEY (407) 567-8000 SKETCH TO ACCOMPANY LEGAL DESCRIPTION C" 0 ti m ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 98-129 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Griffin and Camille Greene - 58' Avenue R/W [Oslo to 26]). Re: RNV - 58th Ave. (Oslo to 25) GdRln d Camille Greene RESOLUTION NO.98- 129 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners Of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1239, Page 2767, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a cert/fled copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner --Adams. and the motion was seconded by Commissioner G i n n . and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this " day of November .1998. BOARD OF COUNTY COMMISSIONERS NOVEMBER 179 1998 I e Cn Approved Dele Legal budgO Mgr. -27- BOOK 107 PAGE 64Z • N 00 • z 0 r� I ---- —_-- -- --SCALE: 1"-100' 69�' 316.21' m 342.83' I I N PARCEL 114W is c ZDI 316.21' Tract Line—� I I 01 Ito co KING'S HIGHWAY CD I I I Section Line �� Sc co, Sec 8 LEGAL DESCRIPTION The West 76 feet of the East 156 feet of the SE 1/4 of the SE 1/4 of Section 8, Township .33 South, Range 39 East, according to the lost general plot of the lands of the Indian River Forms Company recorded in Plot Book 2, Page 25 of the Public Records of St. Lucie County, Florida, LESS the South 697.33 feet, ALSO LESS the North 342.83'. Containing 0.55 acres, lying in Indian River County, Florida. a CERTIFICATION ' I, Charles A. Cromer, hereby certify that I am a registered Professional Land Surveyor licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it Is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter 21 HH -6 of the Florida Admin— g istrative Code, pursuant to F.S. Chapter 472. PREPARED FOR INDIAN RIVER COUNTY � ENGINEERING DEPARTMENT a Charles A. Cromer, P.L.S. Reg. #4094 1840 25th St, Vero Beach, FL 32960 THIS IS NOT A SURVEY Indian River County Surveyor (407) 567-8000 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 89LZ9d6CZ I bo rn Q 7.K. FAIRWAYSAT GRAND HARBOR, PLANNED RESIDENTIAL DEVELOPMENT -CONTRACT FOR REQUIRED IMPROVEMENTS- CASIYDEPOSIT AND ESCROWAGREEMENT The Board reviewed a Memorandum of November 10, 1998: TO: The Board of County Commissioners FROM: ►✓l,*iIliam G. Collins II - Deputy County Attorney DATE: November 10, 1998 SUBJECT: Required Improvements - Fairways At Grand Harbor, a Planned Residential Development Certain required improvements at the Fairways At Grand Harbor, a Planned Residential Development remain to be completed, and the developer, Fairways At Grand Harbor, Ltd., a Florida limited partnership, has entered into a Contract for Construction of Required Improvements with the County and has posted the necessary amount equal to 115% of the cost of construction of those required improvements. RECOMMENDATION: Approve the attached Cash Deposit and Escrow Agreement and accompanying Contract for Construction of Required Improvements No. PD -98-01-01-U1 and authorize the Chairman of the Board of County Commissioners to execute same. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Contract for Required Improvements and Cash Deposit and Escrow Agreement with Fairways at Grand Harbor, Ltd. and authorized the Chairman to execute same, as recommended by staff. DOCUMENTS ARE ON FILE IN THE OFFICE NOVEMBER 17, 1998 -OF THE CLERK TO THE BOARD -29- BOOK 107 PAGE 644 BOOK W FAGE 645 mu ;1 Py �v 9.A.1. PUBLIC HEARING — FIRST CHURCH OF GOD OF VERO BEACH. INC. — REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR PRIMARY AND SECONDARY SCHOOL FACILITY (THIS ITEM CONTINUED FROM MEETING OF OCTOBER 27, 1998) PRESS -JOURNAL Publisfod Daily Vero Beach, Indian Rives County, Florida COUNTY OF MM RIVER: STATE OF FLORIDA Before the undersigned authority, Personally, appeared Darts K Hicks who an oath says that he m President of the Press.lournal, a dally rhehnrapaper pubtGsthed at Vero Beach h Irhdian River Courcy. Fbriaa that the attached copy of adveniserrnent, being a h the Cort, was pup. ®stied in said nevspaper in the issues of Af lant further Says that the said Press4onrrnel Is a newspaper published at Vero Beach. In Indfart River con�Wu+ousiy published said In River County, Florida. ea a aarnd has been enteredFlorida, and do the n heretalbre as second Gass mal matter at tthe post office h Vero Beach, In said Indian River County, Florida, nor a period of ane year nwd preceding the first publication of the attached copy or advrrrdsernent; and affiant further says that he has neither paid nor prorrised any person, firm aor corporation � a rehrhd tar purpose of securing this ublication In said newspaper. := rrNr•r.••1 ` bed before me t�_LLL • 1 2 • K waKS Mr COMMIssior filrlllis ? • i * : IMUAtt 01, 2001 Z COMM. No.CC6110113 Notary Public, State of Florida ST�t��� My Commtssbn f. Gl, 2001 r.rn rrpr (;Amm. hla. f iCi 811 Personally Krhotvn or Produced ID 0 Type of ID Produced NOVEMBER 17, 1998 NOTICE•OF PUBLIC HEARING r ' Notice of hem" to consider. the granting of special exception use approval For a 1x nary and secondary school in conjunction with a now place of worship and child care fadliy on properly pros+ erdly owned by First Church of God of Vero Beach, Inc and located at the southwest corner of 12th Street and- 58th Avenue In Section 8, Township 33 and Range 39. Sar, the • above -map for the location.' c' . A public hearing at. which par• i ties In inderest and citizens shall have an opporhmity'to be heard, will the held• by. the Board of CouMy' • Commissieners -of-Indian River County, Florida, in the County Commission Chambers of tha County Admigistration Building, located' at 1840 ?.5th Street, Vero Beach, flarido on Tuesday, Octo- ber 27,1498 at 9405W, Please direct planning -related questions to the current develop - mo t planning section at 567- 8000, ext: 242. Anyone who may wish to appeal any decision which may be made at this meeting will need to - ensure that a verbatim record of the proceedings : iss. made, which inchndeni taHmohyt ontd evfdahoe upon which the appeal is based. ANYONE 'WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -it -John W. Tip^ Chairman .. �9�...; 11211c. -30- 0 0 The Board reviewed a Memorandum of November 10, 1998: TO: James E. Chandler County Administrator D998VN HEAD CONCURRENCE: 201— 40 Obert M. Keating, CP Community Development r THROUGH: Stan Boling, AICP Planning Director, Current Development FROM: John McCoy, AICP/5 A Senior Planner, Current Development DATE: November 10, 1998 SUBJECT: First Church of God of Vero Beach Inc.'s request for Special Exception Approval for a Primary and Secondary School Facility (Continuation) It is requested that the data herein be given formal consideration by the Board of County Commissioners at its regular meeting of November 17, 1999. At its regular meeting of October 27, 1998, the Board of County Commissioners held a public hearing to consider special exception use approval for a primary and secondary school for the First Church of God. The proposal is to locate a primary and secondary school on approximately 40 acres located southwest of 586 Avenue and 12"' Street. The applicant bas already obtained site plan and administrative permit use approval for a place of worship and daycare at this location. During the October 27, 1998 public hearing, a number of area residents spoke in opposition to the proposed school, citing concerns regarding traffic and compatibility with agricultural uses. Most of the Board's concerns expressed at the hearing related to buffering and compatibility with agricultural uses. At the conclusion of the public hearing, the Board voted (3-1) to continue the public hearing until November 17, 1998, so that the applicant and staff would have time to revisit agricultural compatibility and so there would be a full five member Board to consider the request. Subsequent to the October 27, 1998 meeting and consistent with the Board's discussion, staff met with the applicant and re -addressed certain aspects of the proposed site plan. The following analysis briefly addresses the traffic concerns and reexamines the agricultural compatibility/buffer issue. ■ Traffic Impact: As part of the initial application, the applicant prepared a traffic impact analysis (TTA) for the project. This MA) was reviewed and approved by the County's Traffic Engineering Division. The analysis indicated that an acceptable level of service (LOS) would be maintained after development. In addition, the applicant committed to certain required project related traffic improvements, including paving a portion of 12'" Street and providing a left -tum lane on 12' Street at the project's easternmost 12ib Street driveway. Staff notes that for many years 581h Avenue and 121 Street have both been planned as major roadways, and are slated for improvement with or without this project. NOVEMBER 17, 1998 -31- BOOK 107PA11 BOOK 107 PAGE � ■ Agricultural Compatibility/Buffers: Staff's reexamination of the agricultural compatibility/buffers focused on the site's west perimeter. The east perimeter abuts 58* Avenue ( a major roadway) which coincides with the Urban Service Area boundary, and the site design provides a significant building/= setback from the ultimate 58* Avenue right- of-way (over 160). Likewise, the north perimeter abuts a major roadway (126 Street) and the site design provides an ample setback to the north perimeter (over 150' to the 126 Street right-of-way). The south perimeter abuts a large tract of active citrus but provides the site's most significant building/use setback (over 620' from the south perimeter). The west perimeter abuts a smaller tract of active citrus. Along the west perimeter, the applicant proposes a variety of outdoor recreational improvements. After the October 27, 1999 hearing, staff asked the applicant to provide more separation and a buffer between the west perimeter and the proposed recreational fields. In response, the applicant modified the site plan to move the proposed Phase M education building east of the perimeter parking lot road, resulting in a setback of over 360' from the west perimeter. The revised plans also increase the setback for the soccer, and baseball facilities from 30' to 50' and from 30' to 100' for the tennis facility. Staff also recommended that the applicant provide a Type "B" buffer (the county agricultural buffer) along the west perimeter and that the buffer be planted "up -front" with Phase I improvements. The applicant has depicted these items on the revised site plan. The modified plans include interim outside recreation areas north of the north parking lot, east of perimeter parking lot road and 350' feet from the west perimeter. In addition, staff recommends that the recreation improvements proposed in Phase III (2008) be reviewed in the finure by the Planning and Zoning Commission for final site plan approval. In summary, since the October 27th hearing, the applicant has revised the site plan to establish a buffer along the west perimeter, to increase setbacks from the west perimeter, and to go through final site plan review in the future prior to development and use of recreational areas on the site's west side. Based on the above analysis, staff recommends that the Board of County Commissioners gaunt special exception use approval for the education facility with the following conditions: 1. Prior to site plan release, the applicant must confirm that the educational facilities will meet the minimum spatial requirements, utilized by the Indian River County school board and the State ofFloirda 2. The property owner shall not permit the planting of and shall allow for the removal of any wild growing Caribbean fruit fly host plants. 3. Prior to issuance of a C.O. for Phase I, the sidewalk along 586 Avenue shall be constructed or otherwise guaranteed in accordance with county regulations. 4. Prior to the issuance of a C.O. for Phase I, the project's 126 Street frontage shall be paved from 586 Avenue to the nearest 12* Street driveway. 5. Prior to issuance of a C.O. for Phase I, the developer shall construct a west -bound left -tum land for the project's easternmost 12* Street driveway. 6. That the lighting of any recreational field must be approved by the Planning and Zoning Commission. MI 7�1 �, T7 y .�. �1 • _�� ..1 . ., qD ._. �• �� , .• .��� a . _ . 1 1 _:.7 '. • 1 ' ., - 91 7 l T7a .)OF-!; I CA I1 =,. 1 • 1• 11 1 • .,111 y., 1 S . S:• lzhl . t c YID C. •1 ! . 1 .. _,1 OO Y_ 1 _.�. ..y �y. Ip 1! .1 *NOTE: Conditions 7,8, and 9 have been added since the October 27, 1998 hearing. NOVEMBER 17, 1998 NOVEMBER 17, 1998 -33- mill it al! toor 107 fl I Min it al! toor 107 I BOOK W PAGE G49 RM4 ISO Nit R.2 42 oamt mao e.a. ®� p�■y eeee7e .omt0 - i LR .. a>aman . a SJW t p. CU AC yy AC } r r ..�. INri� sl! ff� nT r :Slr: :r E a:E SES uM ` �_ emmw1On oe°pm1O.. °® ern _ mn ac ar .: au c � = ••• am ac A-1 - --- - -• TR 10 y------------------ ----- 12TH ST ----- R.12 ' Met, SUBJECT SITE % �-Iq --- v as TR 15 1. iCA TP 15 ease. na m Lx a®u oem:a meo�OWs : eeeoc o�A ee.eu ae 1 e� 27a •: g q � e®u •` o00VD .sn I , ° leve• 1 aamaa eJ: lf�o �a c NOVEMBER 17, 1998 -34- • Planning Director Stan Boling noted that this matter had been considered last month and continued to this morning. The church and daycare have been approved by Planning & Zoning but a special exception use approval is required for the private school. Director Boling again briefly reviewed the project and advised that after the last meeting, staff and the applicant met and made a few changes, mostly involving the westerly portion of the site. The recreational uses have been moved further to the east, the setback has been increased from 30 feet to 50 feet from the west line, and a 100 -foot setback has been added for the tennis courts which are also being moved further east. The applicant has increased the southern buffer from a Type "C" to a Type `B" buffer. On the west side of the site, there is a 50 -foot setback to the soccer and baseball fields, with a Type `B" buffer. Use of the recreational area is not allowed until the buffer has been established. Staff has set out the additional conditions for approval as Items 7, 8 and 9 in the Memorandum. Melanie Clark of Kimley-Horn believed the important issues were the buffers; the suitability of the project adjacent to active citrus groves; and the traffic. They have tried to accommodate the buffer issue and increased the west setback. Kimley-Hom believes that residential development is moving west and that any concerns regarding aerial spraying by the grove owners could be resolved by coordinating the spraying with the school to eliminate any exposure. Ms. Clark also noted a number of other schools in the county which have been or are currently surrounded by active citrus groves. She noted that it is very difficult to find a sufficiently large parcel of land on a major roadway in an established residential area. John Atz, traffic engineer with Kimley-Hom, noted that a traffic study had been prepared and the roadways to be impacted will operate at acceptable levels. He also noted that this type of use is unique as to times of use. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. County Attorney Charles Vitunac reminded the audience that the special exception request only applies to the school and administered the oath to everyone wishing to testify in this matter. NOVEMBER 17, 1998 -35- BOOK 107 PAGE 650 BOOK iU 7 PAGE U) Ken Long, 225 31' Avenue SW, noted he had been swom. He is the Senior Pastor at the Church and they presently have an approved school up to second grade. They plan to add a grade each year; starting with kindergarten, then first and second grades. Skip Barkett, 5850 12' Street, noted he had been swom and reiterated his concerns about the traffic, stating that Kings Highway was second only to SR -60 for treachery even before Sam's, Wal-Mart, and all the other recent development. He stated that less than 2 years ago the County denied a request to change the zoning in that area from 5 units per acre to 1 unit per acre. He again asked the Board to consider the children being bused or driven by car twice a day to the area while large flatbed trucks are coming and going to pick up fruit and haul it out. He noted that several groves in close proximity to schools have been forced to do away with spraying because of the potential harm to students. He believed that the groves will eventually disappear because of the schools and the added legal liability to the grove owners. Commissioner Ginn questioned whether Mr. Barkett had raised his family in that area with an active grove in operation, and Mr. Barkett stated that they kept their water tank covered and closed the windows when spraying was taking place. Ron Jaffe, 642012' Street, noted he had been sworn and reiterated his concerns with the additional traffic, stating he passes the current Church several times a day and has noted more than 40 cars in the parking area, sometimes as many as 70. Last Sunday, 11/8/98, at 12:20 p.m., there were 211 cars at the Church. 1211 Street has a deep ditch on the south side and is a dirt road while Kings Highway has a deeper and larger canal on the east side. At the comer of 12' Street and Kings Highway, there have been 3 fatal accidents and 1 near -fatal, his mother-in-law who was critically injured but survived. As a physician, he does not know what these chemicals being sprayed by the groves can do to young minds and bodies. He felt that increasing the buffers was akin to rearranging the deck chairs on the Titanic. He also noted that his request to build one of his children a house on his property of 7.5 acres was denied by the County about 2 years ago. Lex Kromhout, 6380 12' Street, noted he had been sworn and stated that he is not at all opposed to the Church but is opposed to the school and the impact it will have on that area. He believed that if the Board is going to keep'this as an agricultural area, they must take into consideration the impact of new projects. He felt that asking grove owners in this area to make changes by force is very unfair and asked the Board to do everything possible NOVEMBER 17, 1998 -36- 0 0 C7 to maintain its contract with the citizens of this County as the development pressures on them now will shape this County for years to come. Commissioner Ginn asked whether Mr. Kromhout had been raised at that address and whether there had been grove activity at that time. Mr. Kromhout responded that he had lived there by choice. Paul Westcott noted that he had been sworn and continued that his daughter is a student at the school and he attends the Church. They live in Kingswood Estates and are surrounded on 3 sides by active citrus and have not seen or had any problems. As an attorney he took land use planning courses in law school and noted that a school is considered an accepted and desired use. He believed the County has demonstrated astute leadership and that this would be an appropriate use in this area. He did not see the threat of spraying as legitimate as everyone who has complained had been living with the spraying for years. On behalf of his family, he asked that the Board grant the special exception. Robert Cook, 710 Riomar Drive, was administered the oath. He stated that he is a member of the Church and a citrus grower, as well as an applicator, and knows a lot about spraying. He sprays all over the County and has never been required to notify anyone. He presented some statistics regarding a droplet having a spectrum of 0 to 600 microns. 95% of the total volume is in 5% of the droplets and 95% of the total spectrum is in 5% of the volume. Spray drifts for miles, sometimes up to 38 miles. He felt that if spraying is restricted, grove owners will abandon their groves and put a cow on the property to maintain their agricultural exemptions. He also offered literature if anyone was interested. Commissioner Ginn pointed out that mosquito control trucks spray all the time and we are all thankful for it. Henry Schacht, 610012' Street, urged the Board not to ignore the current residents. He and his neighbors have outlined numerous risks and felt it would be impossible to support this project on this site. No one in his neighborhood is against low density growth but they are all against this plan which will impact their area far more than 200 new single-family homes. NOVEMBER 17, 1998 -37- Ei00K • BOOK PAGE Tammy Bogart, 540 39°i Court SW, was administered the oath. She stated that she did not attend this church but does have 2 children who attend Christian school and is concerned that there are no Christian junior or senior high schools in this county that cater to middle-income families. She believed this is desperately needed and begged the Board to consider the hundreds of families who will be beneficially impacted for years to come by this project. David McKenzie, 1055 3 V Avenue, stated he had been sworn. He is a third generation citrus grower and has 3 small children. He knows pesticides and dermal toxicity. Private industry experts spend billions of dollars studying these products and if you look at those most commonly used, dermal toxicity is just as high for common lawn applications. Cameron Hayes, 380 SW 29' Court, was administered the oath and stated that he believed that if spraying is as dangerous as has been presented here, we need to cordon off 58' Avenue. There are a lot of other people here who want to have the school for their children. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Chairman Tippin noted that he and his brothers, along with hundreds of other Indian River County men, sprayed by hand using DDT and parathion. Commissioner Adams felt that the problem is really the "old" versus the "new". She believed that we all expect things to stay as they are and resist change whatever the item, be it a shopping center, assisted living facility, etc. The threat of suits against the grove owners is the real threat and the fears of financial and emotional damage are real. The effect of a 600 student population on the neighborhood is still a problem. Commissioner Ginn commented that she had driven around the area after the last meeting and noted that the homes are set back 200 to 300 feet. She did not believe they would be very affected by the noise. She also noted that she had been raised near a peach orchard with the attendant spraying. She believed that this is a very good place for the school within the area of Indian River Community College which is in the process of expanding by 116 acres and has donated 5 acres for our west county library branch. NOVEMBER 17, 1998 -38- • ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board, by a 3-2 vote (Commissioners Adams and Stanbridge opposed) granted the special exception use approval for the education facility with the following conditions: (1) prior to site plan release, the applicant must confirm that the educational facilities will meet the minimum spatial requirements utilized by the Indian River County School Board and the State of Florida; (2) the property owner shall not permit the planting of and shall allow for the removal of any wild growing Caribbean fruit fly host plants; prior to the issuance of a Certificate of Occupancy for Phase I, (3) the sidewalk along 58'b Avenue shall be constructed or otherwise guaranteed in accordance with County regulations; (4) the project's 12' Street frontage shall be paved from 58'h Avenue to the nearest 12`h Street driveway; (5) the developer shall construct a westbound left turn lane for the project's easternmost 12" Street driveway; (6) that the lighting of any recreational field must be approved by the Planning and Zoning Commission; (7) between the west site boundary and the proposed tennis courts, a setback of at least 100 feet shall be maintained and a 50 foot setback shall be maintained for the proposed soccer and baseball fields; (8) prior to issuance of a Certificate of Occupancy for Phase I, a Type "B" buffer shall be installed and maintained along the entire west property line; and (9) prior to construction or use of all fields and outdoor recreational improvements within Phase III, the applicant shall obtain final site plan approval for such uses/facilities from the Planning and Zoning Commission. NOVEMBER 17, 1998 -39- • BOOK 10.7 PnE 654 BOOK 10 .7 PAGE �►� 9.A.2. PUBLIC HEARING - INDIAN RIVER LAND TRUST, INC. - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR MCKEE BOTANICAL GARDEN (Quasi -Judicial) Mss-JOURNM Published Daily Vero Beach, Indian River County, Florida COLWTY OF MM RIVER: STATE OF FLORIDA oath Saye the he Pre of the Press,iouma a defy newspaper�pubiiahed gash I, hdian Rh ar County, Fbrida that the attached Copy of fit, beteg in the ' s . Oourt, was pub- lished h shed said newspaper h the Issues of w,„,age Af ffl further says that the said Press.iorrnal is a newspaper published at Vero Mach in SaW Mari River County=&Ux* publishedh said It1 R� that the acidFlorida, 00% has F�eretofore been ft secand aese mss matter at the post office Ian Vi a qty, for a period rn ane year neat prece ft the Ihrt publication rn the attached copy rn and aff�nt further says that he has neitlter paid nor promised arty person. firm h��t foVypublic rebate. or refund for the purpose of aearhg this Q••o 0 !PII �N before me D.1 frT/1i NOVEMBER 17, 1998 0 -40- Wanting of special exception approval for a Civic and Cul - 1 Foci*/Botanical Gar* on, presently •.owrod': by fang River'. land Jrus1;. I*CK” :ale• pordam F� ded-;at.%'sotdheod-cprner of 1 ' and Indian River.86ulmord i i�ctloa' 13, To , p X33 and o�;ti fi't wldch ar- Iyd ghxwi lfft to be heard, ,Jow� heW ►-ka-•9oord .01 CoilliviW7.4 nOkm • �OYnty: •. ti'Cmissta+►• Chotrrben, of 194 Q SIFed hero ch'., rigb 'leo- 4esdoy; �embeF'J 7, .1998 at 9:05aw . lease', dired planning -related iti=n to the aureM develop• t planning sect*- at 567- 9, end. 242. : -` Myo"* .who mar .wish to eel .ory decision which may be Ric 201 mum spp(ci11093 c °• y (SEAL) ��••� ••�' '•••� Notary Public, State of Florida ••'•.�;e My Commission Jan. 01, 2001 Comm. No. CC 611 Ic. S�pt,;o••• Mersonslq Krtown Wor Produced ID O Typot IO Produced NOVEMBER 17, 1998 0 -40- Wanting of special exception approval for a Civic and Cul - 1 Foci*/Botanical Gar* on, presently •.owrod': by fang River'. land Jrus1;. I*CK” :ale• pordam F� ded-;at.%'sotdheod-cprner of 1 ' and Indian River.86ulmord i i�ctloa' 13, To , p X33 and o�;ti fi't wldch ar- Iyd ghxwi lfft to be heard, ,Jow� heW ►-ka-•9oord .01 CoilliviW7.4 nOkm • �OYnty: •. ti'Cmissta+►• Chotrrben, of 194 Q SIFed hero ch'., rigb 'leo- 4esdoy; �embeF'J 7, .1998 at 9:05aw . lease', dired planning -related iti=n to the aureM develop• t planning sect*- at 567- 9, end. 242. : -` Myo"* .who mar .wish to eel .ory decision which may be The Board reviewed a Memorandum of November 10, 1998: TO: James E. Chandler County Administrator DMSION HEAD CONCURRENCE: Robert M. Keating, AI Community Development Di or A. P) . THROUGH: Stan Boling, AICP Planning Director, Current Development FROM: John McCoy, AICP /do YA Senior Planner, Current Development DATE: November 10, 1998 SUBJECT: Indian River Land Trust Inc.'s Request for Special Exception Use Approval for McKee Botanical Garden It is requested that the data herein be given formal consideration by the Board of County Commissioners at its regular meeting of November 17, 1999. Kimley Horn and Associates Inc., on behalf of Indian River Land Trost Inc., has submitted an application for major site plan and special exception use approval to construct and create a botanical garden at the southeast comer of U S 1 and Indian River Boulevard. The property is split zoned with a portion zoned OCR (Office, Commercial, Residential) and a portion zoned RM -10 (Residential Multi -family up to 10 units/acre). Botanical gardens are classified as civic and cultural facilities, a use which requires special exception approval in the RM -10 zoning district Therefore, such approval is required for this project. The applicant is proposing three phases of construction. The first phase will consist of 8 new buildings which include an officeladlumur<aative building, a ticket booth, gi8/book shop, and accessory buildings. Parking, landscaping and stormwater management improvements will be included as part of the first phase. The second phase will include a cafe, classrooms, and an open air pavilion. The third phase will include greenhouses and shade houses, conversion of the administrative/office building into a library, and construction of a new administ rativeloffice building. At its regular meeting of October 22, 1998, the Planning and Zoning Commission voted unanimously (6-0) to recommend that the Board of County Commissioners grant special exception use approval, subject to the conditions in their report. Also, the Planning and Zoning Commission granted major site plan approval subject to Board of County Commissioners approval of the special exception use request (see attachment #7). Therefore, the Planning and Zoning Commission's site plan approval will become effective upon Board of County Commissioners approval of the special exception use request. The Board of County Commissioners is now to approve, approve with conditions, or deny the special exception use request. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use for the subject site and surrounding area The county may attach any conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. NOVEMBER 17, 1998 -41- BOOK PAGE BOOK 107 PAGE 6577 ANAL.YSIS- 1. Overall Parcel Size: 17.12 acres 2. Zoning Classifications: OCR, Office, Commercial, Residential: 9.00 acres; and RM -10 Residential Multi -Family (up to 10 units/acre): 8.12Acres 3. Land Use Designations: C/I Commercial Industrial: 9.00 acres; and M-2, Medium Density 2, (up to 10 unitstacre): 8.12 acres 4. Building Area: Phase I 9,329 sq. R Phase II 4,131 sq. R Phase g 4,200 sa,ft Total 17,660 sq. & 5. Open Space: Required: 5.59 acres or 33% of the site (prorated: based upon 35% open space required in OCR and 30% required in RM -10) Provided: 15.15 acres or 88.5% at buildout 6. Off Street Parking: Phase I Required. 12 Spaces Provided: 159 Spaces Phase II Required: 70 Spaces Provided: None Phase III Required: 6 Spaces Provided: None Total Required: 88 Spaces (50'/0 or 44 required to be paved) Provided: 159 Spaces (50 paved, 109 stabilized/tmpaved) Note: The applicant is proposing 50 paved spaces and 109 perviouststabilized spaces. Section 954.08(4) of the parking ordinance allows 50% of required spaces for parks and spa' uses to be unpaved. Therefore, only 50% of the required number of spaces are required to be paved. The remaining spaces will be stabilized as approved by Public Works. Traffic Circulation: The site will be accessed from U S 1 and from Vista Gardens Trail. A new right in/right out driveway is proposed on U S 1, while a full movement driveway is proposed onto Vista Gardens Trail. Vista Gardens Trail provides access to U S 1 and Indian River Boulevard The plan also proposes some changes to the U S 1 / Vista Gardens Trail entrance. These changes will include a raised traffic separator, enhanced traffic control and pavement marking and new landscaping along Vista Gardens Trail. New internal driveways will provide access to the proposed parking spaces, including a large parking area located in the southwest comer of the site. Most of the project's 109 unpaved spaces will be located in the southern portion of the site. The internal circulation has been approved by the Traffic Engineering Division. A traffic impact statement has been submitted and approved by the Traffic Engineering Division. Based on the approved traffic statement, no off-site improvements are required However, the applicant is proposing to provide a a right tum/decel lane at the U S 1 new driveway entrance. 8. Stormwater Management. The stormwater management plan has been reviewed and approved by the Public Works Department. The applicant will need to obtain a Type "A" permit prior to site release. NOVEMBER 17, 1998 • -42- • 9. Landscape Plan: The landscape plan is in conformance with Chapter 926. This includes a Type "D" buffer along the site's eastern property line, as required for civic and cultural facilities in the RM -10 district. Much of the required landscaping will be met by the preservation of existing material. However, significant new landscape material will be added along all project perimeters and in the area of new constriction. 10. Utilities: The project will be serviced by county water and sewer. These utility provisions have been approved by the County Department of Utility Services and the Environmental Health Departmen. 11. Dedication and Improvements: ■ Pursuant to the County's comprehensive sidewalk and bikeway plan, a sidewalk is required along the project's U S 1 frontage. The sidewalk is depicted on the plans and will either need to be built or bonded -out prior to the issuance of a Certificate of Occupancy. ■ Presently, the Indian River Farms Water Control District (1RFWCD) and the county Utilities Department use this site to access the south relief canal right-of-way for maintenance and for access to utility unprovements. The applicant is proposing improvements within an existing 15' access easement that the District and Utilities Services use for access. The improvements should not affect the use of the access easement. There will be reciprocal agreements between the District, Utilities Department and McKee Gardens which make provisions for formal access in coordination with the new development on-site. These agreements will need to be in place (executed) prior to site plan release. 12. Concurrency: The developer has executed a concurrency aclmoledgment agreement which satisfies the project's concurrency in relation to site plan approvaL 13. Environmental Issues: ■ Wetlands: There are several small isolated wetlands on the site that will be enhanced as part of the project. No wetlands alteration permitting is required. • Uplands: Although the site is over 5 acres, the environmental planning staff has evaluated the site and determined that much of the vegetation is non- native and that no part of the site constitutes a native upland community. Therefore, no native upland set aside is required. 14. Surrounding Land Use and Zoning. North. Vista Gardens Trail / CG South: Indian River Farms South Relief Canal, Commercial and Multi -Family / CL, RM -10 East. Multi -Family Units / RM -10 West: U S 1, FEC RR, Mobile Home Park / RMH-6 15. Historic Preservation: The two historic structures on the site, the Hall of Giants and the Spanish Kitchen, are being restored as part of a separate project. These buildings were designed by Waldo Sexton. The historically significant garden landscape design by William Lyman Philips is being restored where intam 16. Specific Land Use Criteria: The following specific land use criteria apply to the portion of the Botanical Garden in the RM -10 zoned portion of the site: 1. No building shall be located closer than fifty (50) feet to any lot line which abuts a residentially designated property. Note: No building is proposed to be located within 50' of a lot line which abuts a residentially designated property• NOVEMBER 17, 1998 -43- • BOOK 10.9 PAGE 658 BOOK FAUE 2. No off-street parking or loading space shall be located closer than twenty-five (25) feet to any property line abutting a residentially designated property. Note: All off-street parking is located within the commercially zoned (OCR) portion of the site and is proposed to be located more than 25' from any property line abutting a residentially designated property. 3. Any accessory restaurant or ticket sales activities to be included as part of the cultural or civic facility shall be conducted entirely within the building. Note: All of the above referenced activities are proposed to occur within the commercially zoned (OCR) portion of the site. Therefore, no such activities will be conducted outside of a building within the RM -10 zoning district 4. The facility must have thoroughfare road frontage. Note: The facility has frontage on U S 1, which is designated as an arterial road on the thoroughfare plan. 5. Type "D" sing shall be provided between the facility and adjacent properties that are agriculturally or residentially designated. Note: A Type "D" landscape buffer has been provided between the facility and adjacent properties that are residentially designated. The buffer, located along the site's east perimeter, must be installed prior to issuance of a Certificate of Occupancy for Phase 1. There is an existing 8' high wall along the east property line which was built with Vista Villas development. The wall is located on the Vista Villas site and will remain, providing additional buffering. RECOMMENDATIONS: Based on the above analysis, staff recommends that the Board of County Commissioners grant special exception use approval, with the following conditions: 1. Prior to site plan release, the developer shall execute reciprocal access agreements with the Indian River Farms Water Control District and the County Department of Utility Services to ensure access to the south relief canal and utilities improvements. 2. Prior to the issuance of a Certificate of Occupancy, the applicant shall either build or bond -out the required sidewalk improvement along the site's U S 1 frontage. 3. Prior to the issuance of a C.O. for Phase I, a Type "D" buffer must be constructed along the project's east property line. NOVEMBER 17, 1998 • -44- • 1 •:1 NOVEMBER 17, 1998 -45- Como Y t ` � a - %WA C.QCM COW[ 7A BRIM[ i ✓ 0 BOOK 107 FAGE 660 BOOK 107 PAGE �.. Planning Director Stan Boling noted that this project is a botanical garden and associated facilities which abut Vista Gardens to the east. The request is for an approval to re-establish the gardens. All commercial development will be on the west side of the site including the parking lot, a cafe, and a small office. Existing trees will be preserved with additional trees to be planted. There are many phases to the project. Janet Alford, 1645 9 - Street SW, stated that the first phase will take approximately 2 to 4 years. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. The Chairman commented that the plans were very impressive. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously granted the special exception use approval with the following conditions: (1) prior to site plan release, the developer shall execute reciprocal access agreements with the Indian River Farms Water Control District and the County Department of Utility Services to ensure access to the south relief canal and utilities improvements; (2) prior to the issuance of a Certificate of Occupancy the applicant shall either build or bond out the required sidewalk improvement along the site's U.S.#1 frontage; and (3) prior to the issuance of a Certificate of Occupancy for Phase I, a Type "D" buffer must be constructed along the project's east property line; all as recommended by staff. NOVEMBER 17, 1998 -46- • 0 11.G. COUNTY BEACH SCRAPING The Board reviewed a Memorandum of November 12, 1998: TO: James E. Chandler, County Administrator RECEIVED TBROIICiH: James W. Davis, P.E. , Public Works Director. NOV j g 1598 CLERK TO THE BOARD, FROM: Jeffrey R. Tabar Coastal Engineer SUBJECT: Proposed Excavation of the Beach Face (Beach Scraping) DATE: November 12, 1998 At the November 10, 1998 Board of County Commissioners regular meeting, the Board authorized staff to investigate the issuance of an emergency beach scraping permit to allow some temporary relief following Tropical Storm Mitch. Beach scraping is a technique used to construct temporary sand berms to protect severely eroded beaches. Florida Statutes Chapter 161.085(3) states that "if erosion occurs as a result of a storm event which threatens private structures or public infrastructures and a permit has not been issued pursuant to Subsection (2), the agency, political subdivision, or municipality may install or authorize installation of rigid Coastal armoring structures for the protection of private structures... as along as the following items are considered and incorporated into such emergency measures: a) Protection of the beach dune system; b) Siting and design criteria for the protective structure; c) Impacts on adjacent properties; d) Preservation of public beach access; e) Protection of native coastal vegetation and nesting marine turtles and their hatchlings."' Chapter 62B-33.0054(5) Rules & Procedures for Coastal Construction & Excavation, Coastal Armoring & Related Structures, Emergency Protection, contains more specific language which pertains to emergency permit issuance by local governments for beach scraping activity in accordance with the following practices: 1) A maximum of one foot depth may be excavated from the area of the beach between the previous days wrack line and the mean low water line. This material shall be placed in a uniform manner landward of the wrack line and seaward of the dune escarpment or the old dune line. Excavated material shall not be transported laterally along the beach. This activity may be done only once. Any subsequent scraping or excavation shall require a permit from the Department pursuant to this Chapter. 2) Only sandy material may be excavated. 3) No material excavated from the beach may be moved landward of either the established first line of buildings or the post -storm dune escarpment, whichever is more seaward. 4) In areae -dominated by storm overwash, excavation of the beach shall not be allowed. NOVEMBER 17, 1998 -47- BOOK 107 Fngcr. 662 J BOOK 10 .7 PAGE ALTERNATIVES AND ANALYSIS Staff has conducted a survey of the shoreline to identify areas of severe erosion. Table No. 1 lists the areas which would be considered for emergency permit issuance for beach scraping. Tabla No 12 Potantlal Raaoh Seraninc Areas LOCATION Length of Comments End -loader Shoreline $270/day Treasure Shores Park 300 ft. Lost 10-15 ft of Dune. $540/day Repairs required to dune crossover. Golden Sands Park 600 ft. Lost 10-15 ft of Dune. Repairs required to dune crossover. Wabasso Beach Park & 300 ft. & Lost 10-15 ft of Dune. Summerplace 500 ft. Unprotected property severely eroded. Other areas of the County were severely eroded as well, however, the lack of sand in the system would not warrant beach scraping activity at this time. The majority of the areas listed in Table No. 1 are reported as areas of "critical erosion" in the County's Beach Preservation Plan and are recommended for a beach restoration project during the fall of the year 2000. Where "critical erosion" is defined as: A segment of coastline where natural processes or human activity have caused erosion to a degree that upland development, recreational interests, wildlife habitat, or cultural resources are threatened or lost. In considering the costs associated with conducting beach scraping activity, Table No. 2 list the relative costs of utilizing County personnel and equipment to complete the work. The end -loader would be used to complete the beach scraping and the bulldozer would be needed to assist the end -loader when exiting the beach. Table No. 22 Relatad Aosta EQCIP140 w OPERATOR in= TOTAL COST End -loader $150/day $120/day $270/day D-7 Bulldozer $150/day $120/day $270/day $540/day Equipment cost associated with the preparation of the end -loader are described below. The end -loader is equipped with a rake and would require a bucket to perform the beach scraping activity. • Purchase used bucket/shipping/labor $ 91000 Time: 2-3 weeks • Purchase new bucket/shipping/labor $12,000 Time: 2-3 weeks Other miscellaneous cost associated with beach scraping would include the following: • Purchase sand to construct access ramps $ 1,500/per access In analyzing the condition of the shoreline, staff has prepared the following alternatives. Alternatives No. 1 Approve the issuance of an emergency permit for beach scraping in those areas identified in Table No. 1 utilizing County personnel and equipment to complete the work. Public property would be funded from the County's Beach Preservation Fund while unprotected private property would be required to pay the cost -in accordance with Table No. 2. NOVEMBER 17, 1998 • Alternative No Approve the issuance of an emergency permit for beach scraping in those areas identified in Table No. 1 utilizing County personnel and equipment to complete the work only in areas of Public property, funding would be from the County's Beach Preservation Fund. Access would be obtained through Wabasso Beach Park. Unprotected private property owners, located in those areas identified in Table No. 1 which would include five (5) properties, would be required to apply for and obtain individual permits from the County Public Works Department to complete beach scraping. Obtain permits to place sand in those areas identified in Table No. 1. The associated costs with sand placement would range between $ 4-6 per/cy plus related equipment costs to distribute the sand. Sand would be purchased from a local upland source. A?terna_tiye No 3 Allow the dune and beach system to recover naturally. Staff recommends Alternative N0.2, whereby an emergency permit would be issued to allow County personnel and equipment to complete beach scraping activity in areas of public property (ref. Table No.l) while areas of unprotected private property (ref. Table No.l) would be required to apply for permits through the Public Works Department. The authorized beach scraping activity would be in accordance with the following practices: 1) A maximum of one foot depth may be excavated from the area of the beach between the previous days wrack line and the mean low water line. This material shall be placed in a uniform manner landward of the wrack line and seaward of the dune escarpment or the old dune line. Excavated material shall not be transported laterally along the beach. This activity may be done only once. Any subsequent scraping or excavation shall require a permit from the Department pursuant to this Chapter. 2) Only sandy material may be excavated. 3) No material excavated from the beach may be moved landward of either the established first line of buildings or the post - storm dune escarpment, whichever is more seaward. 4) In areas dominated by storm overwash, excavation of the beach shall not be allowed. In addition to the recommended beach scraping, purchase 300 cubic yards of sand per park. This sand will provide added storm protection. Cost Personnel/Equipment (5 days of Work) End -Loader (used bucket) $2.000 $9,000 Access Ramp $1,500 Additional Sand Placement eA C,,,. $17,000 Funding would be from the Beach Restoration Fund. NOVEMBER 17, 1998 -49- B®OK 10 F'1GE G' 0 BOOK 107 P3 5 Coastal Engineer Jeff Tabar stated that a county -wide survey had been performed and a large portion of the County's beach was hit very hard by -Tropical Storm Mitch. In some areas there is insufficient sand to benefit from beach scraping as the sediment is not recoverable. A bucket would need to be purchased for the grader at $9,000 to $12,000 with additional costs for fuel, etc. of approximately $270 to $300 per day. Wabasso Beach Park could be used as an access area and funding would come from the Beach Restoration Fund in the total amount of approximately $17,000. Staff is recommending that the Board approve Alternate #2. Commissioner Adams asked about increasing the amount of sand to 1,000 cubic yards, and Mr. Tabar believed that the State would be willing to issue a permit for 1,000 cubic yards of sand. Cheryl Gerstner was recognized by the Chairman and noted that the State is still micro -managing each seawall request while the situation has become a crisis. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Alternative No. 2 [i] approve the issuance of an emergency permit for beach scraping in those areas identified in Table No. 1 of staffs Memorandum utilizing County personnel and equipment to complete the work only in areas of public property with funding from the County's Beach Preservation Fund and access through Wabasso Beach Park; [ii] unprotected private property owners, located in those areas identified in Table No. 1 which would include 5 properties, will be required to apply for and obtain individual permits from the County Public Works Department to complete beach scraping; and [iii] obtain permits to place sand in those areas identified in Table No. 1; all pursuant to recommendations by staff with an increase in the purchase of sand per park to the amount of 1,000 cubic yards per park, with any surplus to be stockpiled and a direction to staff to coordinate the private permits with the County's beach scraping. NOVEMBER 17, 1998 11.H.1. KINGSWAY SUBDIVISION -WATER MAIN PROJECT UW -97 -09 -DS - BID #8051 - TREASURE COAST CONTRACTING The Board reviewed a Memorandum of November 5,,1998: DATE: NOVEMBER 5, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY S S PREPARED MICHAEL C. HOTCHKISS, P.E. m AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: KINGSWAY SUBDIVISION WATER MAIN PROJECT INDIAN RIVER COUNTY PROJECT N0. UW -97 -09 -DS WIP NO. 473-000-169-339.00 BID NO. 8051 On April 14, 1998, the Board of County Commissioner's awarded Bid No. 8051 to Treasure Coast Contracting (see attached agenda item and minutes) in the amount of $55,349.00 to provide water service and fire protection to the above -referenced project. The project is now complete and the Department of Environmental Protection has issued clearance to begin connecting customers. The Department of Utility Services is now prepared to make final payment to the contractor. The contractor was previously paid $45,494.10 for 82°6 of the project. Utilities staff is now prepared to make final payment in the amount of $9,854.90 to complete the County's $55,349.00 obligation to the contractor. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve final payment in the amount of $9,854.90 to Treasure Coast Contracting and authorize the Chairman to execute same, as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the final payment in the amount of $9,854.90 to Treasure Coast Contracting, as recommended by staff. NOVEMBER 17, 1998 -51- BOOK .d.7 fAGEba BOOK 107 PAGE 1`0 11.H.2. NORTH BEACH REUSE STUDY - PROJECT US -97 -04 -ED - BROWN & CALDWELL The Board reviewed a Memorandum of October 30, 1998: DATE: October 30, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF VI PREPARED AND WILLIAM F. MCCAIN, STAFFED BY: CAPITAL PROJECTS EN DEPARTMENT OF LTIIM SERVICES SUBJECT: NORTH BEACH REUSE STUDY, INDIAN RIVER COUNTY PROJECT NO. US -97 -04 -ED On October 14, 1997, the Indian River County Board of County Commissioners approved a contract with Brown and Caldwell to study alternative irrigation water services to the Barrier Island. (Please see attached copy of agenda item and minutes) This report is now complete and staff is requesting the Board's acceptance of the report and authorization to begin the implementation program. Due to the length of the report, staff has only attached a copy of the final chapter of the document entitled, 'Development, Screening and Evaluation of Alternatives. " A full copy of the report is on file in the Clerk's office. Based on the information provided in Table 5-2 of the report, staff wishes to proceed as follows: 1. Begin in-house corridor study for pipeline routing between the North County Wastewater Treatment Plant and John's Island West. 2. Negotiate a survey contract with our Continuing Survey Consultant, Kimley Horn and Associates, Inc., who is next in the rotation for contracts. 3. Design in-house and bid the construction of a 16" effluent main from the North County Wastewater Treatment Plant to John's Island West, along with effluent pump modifications at the plant to deliver eluent prior to the implementation of the Bent Pine Pumping Facility. 4. Proceed with discussions with John's Island Water Management Board regarding the mutual benefit of a future reclaimed water supply and possible shared use of their existing raw -water line from the mainland to the Barrier Island to transport effluent across to the Barrier Island. 5. In the event staff assistance is needed during inter -agency negotiations, an addendum to the existing contract with Brown and Caldwell is envisioned and will be brought back for consideration when needed. NOVEMBER 17, 1998 40 0 6. Authorize staff to proceed with a St. John's River Water Management District grant application to possibly defray a portion of the construction costs associated with project implementation. Funding for this work effort will be from Account No. 472-000-169-323.00. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve staff's plan of action as outlined above. Utility Services Director Don Hubbs noted that his department has been working on this study for more than a year and a number of alternatives have been analyzed. This is a small portion of the plan. Commissioner Ginn expressed a desire to have some of the items in the study go before the Utility Advisory Committee, and Commissioner Adams suggested that a workshop be held to reintroduce the master plan to the new commissioner after the first of the year. CONSENSUS was reached that an updated utility department workshop would be held after the first of the new year. ON MOTION by Commissioner Macht, SECONDED by Commissioner Ginn, the Board unanimously approved staff's plan of action as outlined in the Memorandum. COPY OF STUDY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.A. SURETY BONDS FOR CONSTITUTIONAL OFFICERS The Board reviewed a Memorandum of November 5, 1998: TO: Board of County Commissioners er n-�(,,) :7i, .. FROM: Charles P. Vitunac, County Attorney DATE: November 6, 1998 RE: Surety Bonds for Constitutional Officers By Chapter 98-34, Laws of Florida, effective 711198, the Florida Legislature removed a long-standing requirement that Boards of County Commissioners and Constitutional Officers, among others, provide surety bonds before assuming office. NOVEMBER 17, 1998 -53- BOOK 10.7 PAGE U�j0 BOOK 10 7 F'A,E a69 This new law, codified in relevant part as Section 137.04, Florida Statutes, gives the Board of County Commissioners the power to reinstate a surety bond requirement for Itself or any of the Constitutional Officers it feels should have such a bond. The law indicated that the bond should be set after taking into account the amount of money and property in the control of the political office In question. On October 23, 1998, the Board directed our office to prepare a draft ordinance establishing bond requirements after discussing with the Constitutional Officers the amount of cash they may have on hand at one time. Attached Is such an ordinance, which is presented for consideration by the Board, and If the Board so desires, the ordinance would be advertised and brought back for a public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved advertising the ordinance for a public hearing. 12.B. COLONIAL HEIGHTS SUBDIVISION. LOTS 14 THROUGH 20 - REQUEST TO REMOVE DEVELOPMENT RESTRICTION (ZORC - HERAN) r The Board reviewed a Memorandum of October 7, 1998 and a letter of July 27, 1998: TO: The Board of County Commissioners FROM: �L William G. Collins II - Deputy County Attorney DATE: October 7, 1998 SUBJECT: Request to Remove Development Restriction on Lots 14-20, Colonial Heights Subdivision On January 14, 1981 the Board of County Commissioners approved a preliminary plat of Colonial Heights Subdivision with certain conditions. Among them was that Lots 14-20 abutting Colonial Terrace were to be built as single- family residential - one unit per lot. The final plat for Colonial Heights was approved by the County Commission on July 15, 1981 with a note included in the dedication that Lots 14-20 are restricted to one single-family unit per lot. A site plan application has been submitted which proposes triplexes on the lots. Because the restriction of Lots 14-20 to single-family was a condition of the development approval, the Community Development Department cannot process the application unless that condition of approval is lifted. All owners of property within the Colonial Heights Subdivision have recorded revocations of the restriction in the Dedication limiting Lots 14-20 to single-family units. As a result, the private deed restriction no longer exists. However, the limitation to single-family use of Lots 14-20 as a development condition still applies. (If the 1981 Commission had desired to restrict the use of Lots 14-20 to single-family, it would have been more appropriate to initiate a rezoning of those lots to a single-family district. Possibly to avoid time delays involved in the rezoning process, the developer agreed to the restrictive language on the plat as a condition of approval The property is currently zoned RM -6. NOVEMBER 17, 1998 • 11 The rationale for removing the development condition restricting Lots 1420 to one single-family unit per lot is set out in the attached letter from Bruce Barkett dated July 27, 1998 on behalf of the property owners of Lots 1420. (Exhibits A through D referenced in Mr. Barkett's letter are available for review in my office.) Residents of Colonial Terrace, the subdivision immediately west of Lots 1420 ow Lots are opposed to any change in development conditions which would all 1420 to be developed as other than single-family homes. The other lots at Colonial Heights are developed as multi familiy. RECOMMENDATION: Approve the attached resolution removing the development condition which restricts Lots 1420 of Colonial Heights Subdivision to single-family use. -ROAM CW7}� NKAI. OTAT= LAW VOL --ALSD AOY7Tm N TIO ONf77rr =- CN;I,MA John Tippen, Chairman Indian River Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 Re: Colonial Heights Subdivision, Lots 14 through 20 Dear Mr. Chairman: I represent the Heran family, which owns several lots in Colonial Heights Subdivision, in h,dmg lots 14 through 20. Colonial Heights is a 25 lot multi family subdivision; however, when placed, the County Commission imposed a restriction on the plat which restricted lots 14 through 20 to single-family units. Every property owner in Colonial Heights Subdivision has agreed to the revocation of this restriction on the plat. I enclose copies the Revocations signed by each property owner (Exhibit A). These Revocations have bees recorded in the public records. The purpose of this letter is to request that the County Commission endorse the property owners' Revocation by adopting a county resolution revoking that sentence on the plat which states: Lots 14 through 20 are restricted to one single-funfly unit per lot. The zoning on this subdivision at the time of platting was RM -s, which permitted multi_ family development. Today, the land use designation is L-2, and the zoning is RM -6, which still Permits muhl-61111Hy development. The restriction to single-family development was imposed upon the developer as a condition by the County in 1980. The restriction was probably not valid at the time, and is not valid today. In Florida, once all legal requirements are met for plat approval, the approval process is not discretionary with the County Commission. In other words, as long as the zoning at the time permitted mull -family development, and the preliminat}, pial met all of the objective requirements in the ordinance, such as for right of way, open space, drainage, lot dimensions, etc., then the County Commission could not lawfully impose other conditions not NOVEMBER 17, 1998 -55- Boa 107 PAGE 670 Col- �- r��� uns, Brown, Caldwell, i ' Barrett, Rosswa,, Garavaglaa & Moore tiC^JUS X998 w , OHARTm1® t! 1 �• CA O •��'� ATTOIliVs AT LAW pt tom: v 7W BWApLAM ucuL"AIO WRJQ M iWdTT VOW =AM CALVIN t OCWN MMEMA wauyNy w. CALOWdi. SUSAN A. CAL77I W1-ul -QQ NCI[ "MO VOC MACK PLONmA SaA EWM 6 CO • OM PAM IH •SL•67/! OIdNOI NL COL "- m- YQNA61 6AIAVAOLA^ jam t MeaNs I-- NNAOI.IV W. NOSEWAV LOAN. THCMP ON July 27, 1998 -ROAM CW7}� NKAI. OTAT= LAW VOL --ALSD AOY7Tm N TIO ONf77rr =- CN;I,MA John Tippen, Chairman Indian River Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 Re: Colonial Heights Subdivision, Lots 14 through 20 Dear Mr. Chairman: I represent the Heran family, which owns several lots in Colonial Heights Subdivision, in h,dmg lots 14 through 20. Colonial Heights is a 25 lot multi family subdivision; however, when placed, the County Commission imposed a restriction on the plat which restricted lots 14 through 20 to single-family units. Every property owner in Colonial Heights Subdivision has agreed to the revocation of this restriction on the plat. I enclose copies the Revocations signed by each property owner (Exhibit A). These Revocations have bees recorded in the public records. The purpose of this letter is to request that the County Commission endorse the property owners' Revocation by adopting a county resolution revoking that sentence on the plat which states: Lots 14 through 20 are restricted to one single-funfly unit per lot. The zoning on this subdivision at the time of platting was RM -s, which permitted multi_ family development. Today, the land use designation is L-2, and the zoning is RM -6, which still Permits muhl-61111Hy development. The restriction to single-family development was imposed upon the developer as a condition by the County in 1980. The restriction was probably not valid at the time, and is not valid today. In Florida, once all legal requirements are met for plat approval, the approval process is not discretionary with the County Commission. In other words, as long as the zoning at the time permitted mull -family development, and the preliminat}, pial met all of the objective requirements in the ordinance, such as for right of way, open space, drainage, lot dimensions, etc., then the County Commission could not lawfully impose other conditions not NOVEMBER 17, 1998 -55- Boa 107 PAGE 670 BOOK 10'/ FAGE 671 addressed by ordinance. Yet that is exactly what happen, as the minutes make dear. A copy of the miantes are attached for your review as Exhibit B. flunilY sAt the public on the approval of the plat, the residents of Colonial Terrace, a single. n, objected to the platting of Colonial $eights for muhi�'amily use. The Colonial Terrace residents felt that their drinking water might be adversely unp�ed by �_ development on a septic system is Colonial Heights. iivaily While that concern was invalid at the time, because your ordinances addressed it at the time, It is even more inappropruft thy_ I enclose as Exhibit C. a sketch which shows Colonial Heights Subdivision and also Colonial Terrace immediately to the West Your staff will confirm that every Colonial Terrace residence adjacent to Colonial Fleiglrts is connected to and currently rently using coin, water. Further, the Colonial Terrace residents themselves are on a septic system. It is luthedicrous to think that a septic system in Colonial liaghts would affect the dr� water Colonial Terrace homes, which am on the county water system, when the Colonial Terrace homes themselves arc on a septic system. Thar own septic systems are much doser to their Of Colonial Heights could ever be.drinl[ing water than those Sybil Investments Partnership, Ltd., is the enterprise of the Heran family, which has worked diligently over the last 9 years to improve its other holdings in Colonial Heights. One Heran family metriber, Dean, lives directly across the sorest from the subject lots. The He= family phuts to build 11611 9uafty, 3 bedroom 2 bath homes m a triplex attangemeat on the subject lots, Most of the lots are in excess of 200 feet deep. The current zoning, RM61 pen this type of construction, and a site plan has already leen submitted for approvaL The processing of the site plan is being held up Pending this board's revocation of the plat restriction. A copy of the preliminary site plan is attached for your review as Exhibit D. Please note that Colonial Terrace and Colonial Heights will have sbetignificant as long as the plat restriction is lifted. That is because the County ordinances require an but they iv notrequire buffer between �-�Y development and g°BI'-�Y development, to develop �8 between 2 singe -fan* subdivisions. In fact, if these lots were already�°Y restidences, the developer could strip them of the vegetation which is CM the PmPefty, leaving no buffer Further, there is a tight of way betwem Colonial Heights and Colonial Terrace which was created, I believe, by the old drainage district At a nm,, this right of way is 15 fink and may be as much as 30 feet. This provides a distance the 2 tons+ and that any fears Colonial Terrace residents may h� j�ed, Finally, Colonial Heights ants between dee single_flunfly Colonial Terrace Subdivision to the west and commercially zoned property on Old Dixie E%hway to the east As a multi subdivision, Colonial Heights Subdivision acts as a buffer between the single-family project and the commWciaVmdgh*`aY Property to the east. This makes planning sense, as to Heigbts is allowed to develop as a multi- long as Colonial 20 to single -Y, when Proj It makes no sense to restrict lots 14 through would single -fa �Y have sat unused for 17 Years, because no reasonable person goods � ���y lot � �-family units is a muni -family Prof The lots are "damaged Pnfec dy suited for multi -family development We urge the Board of County Commissioners to schedule this matter for a resolution to revoke the resumer August restriction th that is n�opment of this property in accordance with the RM -6 zoning Possible, Please schedule it after September 5th. BRUCE BARIETT For Sybil Investment PartIIership Ltd /mjw Enclosures cc: Robert M Keating, AICP Charles Vnimac, County Attorney NOVEMBER 17, 1998 0 -56- 4 A C L IC r � �1 2s JI- I W v a Baa a o a I I I RWD) •7H (Cons NOVEMBER 17, 1998 19Y, t rC � to 1C AL U* a .c -57- BOOK 107 PAGE 672 = z ' a o J O to c NOVEMBER 17, 1998 19Y, t rC � to 1C AL U* a .c -57- BOOK 107 PAGE 672 IrIr�F 73 IF � BOOK PAGE ' Deputy County Attorney Will Collins recommended that the Board lift the deed restriction by passing a resolution. He believed that any court would uphold this action. Attorney Bruce Barkett, representing property owners Bill and Dean Heran, noted that the property is zoned RM -6 but the lots are useless as long as they bear this deed restriction. The Colonial Terrace neighbors have nothing to fear from this project or from properly installed septic tanks. An agreement could be reached to install the septic systems in the front and they will be connected to County water. There is no legitimate reason to prevent this development. Attorney L. B. "Buck" Vocelle, 620 Colonial Drive, attorney for Colonial Terrace Property Owners' Association and private property owners, stated that he had been sworn. This plat was approved in 1981 and at that time, Mr. Frank Zorc (the prior owner) offered this condition. The condition was not contingent upon anything. He agreed to have single- family residences with lots to be the same size as lots in Colonial Terrace. This was approved by the Board in 1981 and "Lots 14 through 20 are restricted to one single-family unit per lot". The Heran family purchased this property knowing of these restrictions. Margaret Stewart, 646 Glenview Terrace, President of Colonial Terrace Property Owners' Association, was administered the oath by County Attorney Vitunac. She was quite strongly opposed to lifting the restriction and noted that the Colonial Terrace property owners purchased their homes because the area was quiet. They do not want rentals in the neighborhood. Randy Bertolette, 715 10' Court, asked the Board to support the restriction and felt that septic tanks on those lots would affect their wells. Colonial Heights is on a sand ridge and is higher than Colonial Terrace. Roberta Austin, 66610' Court, expressed her objection to multi -family housing and related an incident that occurred about 2 years ago where some boys from the rental housing threw grapefruit through windows and robbed a house in Colonial Terrace. Ralph Lindsey, 1126 7`' Place, asked the Board to keep the restrictions on the property. NOVEMBER 17, 1998 -58- 9 0 Rawleigh Tremain, 675 Colonial Drive, felt this is a question of what people in rental housing bring to local areas. He asked the Board to retain the restrictions. Scot Stradley asked the Board not to rush to change the agreement. Attorney Vocelle believed this is a situation of the purchaser knowing the restrictions before he purchased the land. Glenn Schuessler, Assistant Director of Environmental Health, noted that the area can accommodate septic tanks with no evidence of contamination to others. Bill Tiernan felt that the multi -family property will be well maintained and will enhance the neighborhood. Glenn Heran, 9 10 11' Court, commented that they run a tight ship and have excellent maintenance and landscaping standards. Dean Heran, 652 9' Court, said that he is a schoolteacher and a builder. Colonial Heights is a separate neighborhood from Colonial Terrace. He is a "rental" person and other "rental" persons in that area are lawyers, police, doctors and working-class people. This is a family neighborhood and he felt the concerns expressed are not justified. Jack Grossett, Vero Beach Councilman, noted he is here today as a private citizen and a resident of Indian River Shores. He believed the Herans are outstanding solid citizens, honest, and willing to do what it takes to build a quality development. Attorney Collins believed the 1981 decision was wrong and probably invalid. Commissioner Adams felt that the Board needed additional backup in order to make an informed decision, as did Commissioner Stanbridge. Commissioner Ginn stated that she drove around the neighborhood yesterday and could not see where multi -family housing would be deleterious to Colonial Terrace. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously tabled the matter for 1 week. NOVEMBER 17, 1998 -59- BOOK 10 7 PAGE 674 BOOK o_ 7 ma U I 13.A.1. LEGISLATIVE DELEGATION MATTERS Chairman Tippin asked the Commissioners to propose matters to be presented to the Legislative Delegation. Commissioner Adams especially wanted some legislative support for channeliza Ron through the Intracoastal Waterway Johnson Seagrass beds. Boats are now going in all directions over the flats and tearing up the beds. She felt that State funding of the approximately $150,000 which will be needed for mitigation should be taken to the legislative delegation. CONSENSUS was reached to have Commissioner Adams make a presentation to the delegation. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved a request to the legislative delegation meeting asking for legislative support for the State to fund a channelization effort through the Johnson Seagrass beds from the Intracoastal Waterway to Sebastian Inlet and support for legislative issues that have been taken before the delegation in the past. 13.A.2. SWEARING IN CITIZENS AT BOARD MEETINGS Chairman Tippin requested that staff set up a workshop at a future date to formalize the procedures and circumstances under which citizens should be administered an oath. 13.E. COMMISSIONER STANBRIDGE - PLANNING & ZONING COMMISSION - DISTRICT 2 - RESIGNATION OF WILLIAM MCNAMEE - APPOINTMENT OF DR. DAVID COX The Board reviewed a letter of October 23, 1998 and a Memorandum of November 16, 1998: NOVEMBER 17, 1998 Cdober 23, 1998 �( Mrs. Carolyn Eggert, County Commissioner Mr. Leyland N. Gibbs, 3r., Chairnian;,Planning a Zoning Commission Because I Have been seiecled to rill the vacancy on Lhe Indian lover Shores Town Council, it Is necessary that I retire from the Planning & Zoning Commission at this titne. My membership on the Commission has been enjoyable and a rewarding experience. I wish to thank lily fellow Cornmissioners, who have been dedicated to their Planning & Zoning responsibility and always supportive of my participation. My thanks also to the competent staff` personnel, who consistently have presented proi'essionai-caliber analyses and rec:ommendataons. It has been a privilege for me to be involved. I know that the Planning & Zoning Commission will be in very good hands. Sincerely, Big William A. McNamee Ido )Ien4 , r ;r-L�' November 16, 1998 MEMORANDUM TO: John Tippin, Chairman FROM: Ruth Stanbridge, Commissioner, District 2, 3 SUBJECT: Appointment to Planning and Zoning Commission I would like to appoint Dr. David L. Cox to the Planning and Zoning Commission as my representative from District 2. From the attached resume you can see that Dr. Cox has impressive credentials and a background that will quickly enable him to understand the complex world of planning and zoning. He also has the ability to work well with others and will benefit us all with his good common sense and easy-going temperament. Definite qualifications needed for a planning and zoning commissioner. Thank you for your consideration of this appointmem. NOVEMBER 17, 1998 -61- BOOK N� 7 FADE U f� BOOK i0_7 PAGE 6 77/ ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously accepted, with regret, the resignation of William A. McNamee, and appointed Dr. David Cox to the Commission. U.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:53 p.m. ATTEST: J. arton, Clerk Minutes Approved / NOVEMBER 17, 1998