Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11/24/1998
• MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, NOVEMBER 24,1998 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS John W. Tippin, Chairman (District 4) Kenneth R. Macht, Vice Chairman (District 3) Fran B. Adams (District 1) 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 PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Caroline Ginn 4. ADDITIONS to the AGENDA/EM[ERGENCY ITEMS ADDITIONS: 10. Report on Dodgers U.B. Comment on Y2K 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of November 3, 1998 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Indian River Farms Water Control District - Board of Supervisors Meeting Minutes for the Period of Oct., 1997 thru Sept. 1998 B. Approval of Warrants (memorandum dated November 12, 1998) C. Miscellaneous Budget Amendment 002 (memorandum dated November 18, 1998) D. Recently Acquired Property - Tax Cancellation (memorandum dated November 10, 1998) E. Consultant Selection - Professional Engineering Services - Beach Preservation Plan - Project Feasibility Study (memorandum dated November 16, 1998) y 1-8 9-11 12-14 15 Boa 107 FniF 678 9:05 A.M. BOOK 107 PAGE 4�,K,, 8. CONSTITUTIONAL OFFICERS and PAGES GOVERNMENTAL AGENCIES Indian River County Health Department: The Florida Tobacco Pilot Program - A Generation United Against Tobacco (letter dated November 13, 1998) 16 9. PUBLIC ITEMS A. PUBLIC HEARINGS Proposed Resolution Authorizing an Interlocal Agreement and the Issuance of Revenue Bonds Not to Exceed $16,000,000 by the Palm Beach County Health Facilities Authority (memorandum dated November 18, 1998) 17-27 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS Request for Public Hearing Date for 12/15/98: Escambia Housing Mortgage Program Industrial Revenue Bond (memorandum dated November 18, 1998) 28 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. —Commuft Development 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 1. 43rd Ave. ROW/Storage Area Acquisition 43rd Ave. Improvements/8th St. to 26th St. Parcel No. 173, Vincent J. Anthony (memorandum dated November 16, 1998) 29-32 2. 16th St. ROW Acquisition 43rd Ave. Improvements/8th St. to 26th St. Parcel No. 198, Frank S. & Janie Graves Hoover (memorandum dated November 16, 1998) 33-37 H. Utilities Addendum/Renewal to Bid No. 8009 Agreement Between Indian River County and Avatar Utility Services, Inc. for Meter Reading (memorandum dated November 16, 1998) 38-70 • it 6 4 11. DEPARTMENTAL MATTERS (cont'd 1• BACKUPPAGES I. Human Services None 12. COUNTY ATTORNEY Request to Remove Development Restriction on Lots 14-20, Colonial Heights Subdivision (memorandum dated October 7, 1998) 71-107 (continued from meeting of Nov. 17, 1998) 13. COMMISSIONERS ITEMS A. Chairman John W. Tippin B. Vice Chairman Kenneth R. Macht C. Commissioner Fran B. Adams D. Commissioner Caroline D. Ginn E. Commissioner Ruth Stanbrid e 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District Request for Proposals - Master Plan and Continuing Engineering and Financial Sery ices (memorandum dated November 13, 1998) 108-150 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting may be broadcast live on TCI_ Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening BOOK 1rr��U rel � a tl 9 FACE '630 INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF NOVEMBER 24, 1998 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA ................................... 1 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2 6. APPROVAL OF MINUTES ........................................ 2 7. CONSENT AGENDA ............................................ 2 7.A. Reports .................................................. 2 7.B. Approval of Warrants ....................................... 2 7.C. Miscellaneous Budget Amendment 002 .......................... 8 7.D. Resolution No. 98-130 - Recently Acquired Property - Tax Cancellation - Robert & Richard Flinn ..................................... 12 7.E. Beach Preservation Plan - Project Feasibility Study - Consultant Ranking - Negotiate with Applied Technology & Management, Inc. ........... 15 8. HEALTH DEPARTMENT - FLORIDA TOBACCO PILOT PROGRAM - A GENERATION AGAINST TOBACCO .............................. 16 9.A. PUBLIC HEARING - RESOLUTION 98-131- INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY - ISSUANCE OF REVENUE BONDS NOT TO EXCEED $16,000,000 - ACTS RETIREMENT -LIFE COMMUNITIES, INC. (ACTS) .................. 18 9.C. PUBLIC NOTICE ITEM - ESCAMBIA HOUSING MORTGAGE PROGRAM - SCHEDULE TEFRA HEARING - INDUSTRIAL REVENUE BOND ...... 24 10. REPORT ON LOS ANGELES DODGERS ........................... 25 11.G.1. 43RD AVENUE IMPROVEMENTS - RIGHT-OF-WAY ACQUISITION - PARCEL NO. 173 - VINCENT J. ANTHONY ................... 25 11.G.2. 43RD AVENUE IMPROVEMENTS - RIGHT-OF-WAY ACQUISITION PARCEL NO. 198 - FRANK S. & JANIE GRAVES HOOVER ...... 27 11.H. WATER METER READING - AVATAR UTILITY SERVICES, INC. - ADDENDUM TO AGREEMENT (RENEWAL OF BID NO. 8009) ... 28 1 TOOK 107 PACE 6-81 BOOK 107 PAGE Gl'-32 12. RESOLUTION 98-132 - DEVELOPMENT RESTRICTION REMOVED ON LOTS, 14-20, COLONIAL HEIGHTS SUBDIVISION (continued from Nov. 17, 1998) ....................................................... 29 13.B. VICE CHAIRMAN MACHT - COMMENT ON Y2K (YEAR 2000 COMPUTER COMPLIANCE) ................................................ 37 14.B. SOLID WASTE DISPOSAL DISTRICT ............................ 38 DOCUMENTS MADE PART OF THE RECORD - DEVELOPER'S AGREEMENT TO CONNECT WATER AND SEWER WHEN IT BECOMES AVAILABLE - THOMAS B. AND VALERIE L. PENDLETON ............................................................: 38 2 November 24, 1998 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25'h Street, Vero Beach, Florida, on Tuesday, November 24, 1998. 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 Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Ginn delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Ginn led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Tippin requested the addition of item 10., a report from Administrator Chandler regarding the Dodgers. Vice Chairman Macht requested the addition of item 13.B., a comment on Y2K (Year 2000 concerning computers). ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously added the above items to the agenda. November 24, 1998 1 BOOK 107 PAGE 083 EooK 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of November 3, 1998. There were none. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the Minutes of the Regular Meeting of November 3, 1998, as written and distributed. 7. CONSENT AGENDA 7.A. R ports The following report has been received and placed on file in the office of the Clerk to the Board: Indian River Farms Water Control District - Board of Supervisors Meeting Minutes for the Period of October 1997 through September 1998 7.B. Approval of Warrants The Board reviewed a Memorandum of November 1211998: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 12, 1998 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of November 6 to November 12, 1998. November 24, 1998 2 0 it r 6 1 November 24, 1998 3 BOOK M FACE U ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period November 6-12, 1998, as requested in the Memorandum. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019674 SIMMONS SR,VINCENT R. 1998-11-06 356.00 0252304 ABC-CLIO INC 1998-11-12 33.81 0252305 ACTION PRINTERS 1998-11-12 12.25 0252306 ACTION TRANSMISSION AND 1998-11-12 46.45 0252307 ALBERTSONS SOUTHCO #4357 1998-11-12 287.60 0252308 ACTION ANSWERING SERVICE 1998-11-12 493.00 0252309 ATCO TOOL SUPPLY 1998-11-12 19.88 0252310 AUTO SUPPLY CO OF VERO BEACH, 1998-11-12 641.49 0252311 ADAM'S MARK HOTEL 1998-11-12 150.00 0252312 ALL POWER SERVICES, INC 1998-11-12 2,088.00 0252313 ALL FLORIDA COFFEE & BOTTLED 1998-11-12 29.95 0252314 ALL RITE WATER CONDITIONING 1998-11-12 106.25 0252315 ADVANCED MEDICAL & 1998-11-12 490.00 0252316 A T & T 1998-11-12 10.68 0252317 ADAMS, TOM 1998-11-12 110.00 0252318 ATLANTIC COASTAL TITLE CORP 1998-11-12 58.00 0252319 AUTO PARTS OF VERO, INC 1998-11-12 863.31 0252320 AVATAR UTILITY SERVICES, INC 1998-11-12 8,500.00 0252321 ARCH PAGING 1998-11-12 580.43 0252322 ADVANCED PROCESSING AND 1998-11-12 1,200.00 0252323 A T & T 1998-11-12 28.30 0252324 APPLIED TECHNOLOGY AND 1998-11-12 15,084.17 0252325 AMERICAN ENGINEERING SERVICES 1998-11-12 1,797.60 0252326 ANDERSON, TIFFANY -ACCOUNT CLK 1998-11-12 172.40 0252327 ADAM'S MARK HOTEL 1998-11-12 300.00 0252328 ADAM'S MARK HOTEL 1998-11-12 300.00 0252329 B & B INDUSTRIAL SUPPLY 1998-11-12 204.87 0252330 BAIRD, JOSEPH A 1998-11-12 154.44 0252331 BAKER DISTRIBUTING CO 1998-11-12 326.63 0252332 BOARD OF COUNTY COMMISSIONERS 1998-11-12 7,300.42 0252333 BENSONS LOCK SERVICE 1998-11-12 13.50 0252334 BLACKHAWK QUARRY COMPANY 1998-11-12 283.77 0252335 BRUGNOLI, ROBERT J PHD 1998-11-12 500.00 0252336 BARTON, JEFFREY K- CLERK 1998-11-12 42,020.25 0252337 BARTON, JEFFREY K -CLERK 1998-11-12 4,645.00 0252338 BERGGREN EQUIPMENT CO, INC 1998-11-12 135.60 0252339 BAKER & TAYLOR INC 1998-11-12 1,413.22 0252340 BRODART CO 1998-11-12 1,460.68 0252341 BOYNTON PUMP & IRRIGATION 1998-11-12 1,064.08 0252342 BREVARD BOILER CO 1998-11-12 757.11 0252343 BOOKS ON TAPE INC 1998-11-12 5.00 0252344 BAKER & TAYLOR ENTERTAINMENT 1998-11-12 53.95 0252345 BELLSOUTH MOBILITY 1998-11-12 56.60 0252346 BLUE CROSS/BLUE SHIELD OF 1998-11-12 22,417.20 0252347 BAKER & TAYLOR INC 1998-11-12 623.56 0252348 BELFORD, DENNIS 1998-11-12 45.82 0252349 BLACKBURN, COLE 1998-11-12 118.45 0252350 BIG DIPPER PRODUCTIONS 1998-11-12 106.74 0252351 BOGER, MERLENE-ACCOUNT CLERK 1998-11-12 33.00 0252352 BELLSOUTH 1998-11-12 30.71 0252353 CAMP, DRESSER & MCKEE, INC 1998-11-12 1,596.31 November 24, 1998 3 BOOK M FACE U BOOK lu., i FF1Gt 6 u CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0252354 COASTLINE EQUIPMENT CO., INC 1998-11-12 53.16 0252355 CHANDLER EQUIPMENT CO, INC 1998-11-12 1,454.50 0252356 CLASSIC AWARDS 1998-11-12 25.80 0252357 COLD AIR DISTRIBUTORS 1998-11-12 167.58 0252358 COMMUNICATIONS INT'L INC 1998-11-12 51,894.00 0252359 CORBIN, SHIRLEY E 1998-11-12 406.00 0252360 CHAMBER OF COMMERCE 1998-11-12 45,093.61 0252361 COPELAND, LINDA 1998-11-12 483.00 0252362 CORPORATION OF THE PRESIDENT 1998-11-12 48.75 0252363 CENTRAL PUMP & SUPPLY INC 1998-11-12 268.39 0252364 CUSTOM PUBLISHING SERVICES INC 1998-11-12 514.00 0252365 CAMPBELL, STEPHANIE 1998-11-12 77.25 0252366 CENTER FOR EMOTIONAL AND 1998-11-12 132.00 0252367 COLUMBIA HOUSE 1998-11-12 41.11 0252368 CARTER, KELLY 1998-11-12 97.85 0252369 CHILD GRAPHICS 1998-11-12 48.50 0252370 CONSTRUCTION LICENSING 1998-11-12 40.00 0252371 CENTRAL AIR CONDITIONING & 1998-11-12 132.81 0252372 DAILY COURIER SERVICE 1998-11-12 345.00 0252373 DELTA SUPPLY CO 1998-11-12 123.48 0252374 DEMCO INC 1998-11-12 44.69 0252375 DICKERSON-FLORIDA, INC 1998-11-12 301.95 0252376 DATA SUPPLIES, INC 1998-11-12 199.64 0252377 DAVIDSON TITLES, INC 1998-11-12 1,124.43 0252378 DOOLITTLE JAMES A & ASSOCIATES 1998-11-12 250.00 0252379 DEMCO MEDIA 1998-11-12 46.72 0252380 DEPARTMENT OF ENVIRONMENTAL 1998-11-12 750.00 0252381 DILLARD, CASSIE 1998-11-12 15.45 0252382 E -Z BREW COFFEE SERVICE, INC 1998-11-12 11.00 0252383 ESQUIRE REPORTING 1998-11-12 134.25 0252384 EBSCO SUBSCRIPTION SERVICES 1998-11-12 16.95 0252385 EXPEDITER INC, THE 1998-11-12 141.23 0252386 GEHA 1998-11-12 184.00 0252387 FEDEX 1998-11-12 86.50 0252388 FISHER SCIENTIFIC 1998-11-12 271.07 0252389 FLORIDA EAST COAST RAILWAY CO 1998-11-12 1,234.00 0252390 FLORIDA EQUIPMENT & SERV INC 1998-11-12 810.63 0252391 FLORIDA FIRE CHIEFS 1998-11-12 50.00 0252392 FLORIDA POWER & LIGHT COMPANY 1998-11-12 20,548.69 0252393 FLORIDA TIRE RECYCLING, INC 1998-11-12 619.80 0252394 FLINN, SHEILA I 1998-11-12 94.50 0252395 F W P C O A 1998-11-12 30.00 0252396 FRAZIER, JOHN D JR 1998-11-12 110.00 0252397 FENNIMORE, CHARLES 1998-11-12 26.00 0252398 FELLSMERE POLICE DEPARTMENT 1998-11-12 25.00 0252399 FREIGHTLINER TRUCKS OF SOUTH 1998-11-12 195.39 0252400 FELLSMERE, CITY OF 1998-11-12 18,190.00 0252401 FLORIDA PARK PATROL 1998-11-12 25.00 0252402 F.E.P.A. CONFERENCE 1998-11-12 450.00 0252403 GRAYBAR ELECTRIC CO INC 1998-11-12 450.00 0252404 GREYHOUND LINES, INC. 1998-11-12 345.00 0252405 GARCIA, ART 1998-11-12 1,000.00 0252406 GENERAL MEDICAL CORP 1998-11-12 534.10 0252407 GOODYEAR AUTO SERVICE CENTER 1998-11-12 597.70 0252408 GALE RESEARCH, INC 1998-11-12 1,312.27 0252409 GOODYEAR COMMERCIAL TIRE & 1998-11-12 1,868.65 0252410 GILLIGAN, MATTHEW 1998-11-12 110.00 0252411 GROLIER EDUCATIONAL 1998-11-12 1,598.80 0252412 GOLLNICK, PEGGY 1998-11-12 371.00 0252413 GRANT, ROGER 1998-11-12 125.00 0252414 GHO HOMES 1998-11-12 1,000.00 0252415 H W WILSON CO 1998-11-12 583.00 November 24, 1998 4 r, - CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0252416 HARBOR BRANCH OCEANOGRAPH, INC 1998-11-12 8,588.50 0252417 HARRIS SANITATION, INC 1998-11-12 22.00 0252418 HIGHSMITH, INC 1998-11-12 227.12 0252419 HOLIDAY BUILDERS, INC 1998-11-12 1,500.00 0252420 HELD, PATRICIA BARGO 1998-11-12 35.00 0252421 HACH COMPANY 1998-11-12 232.55 0252422 HOLIDAY INN 1998-11-12 144.00 0252423 HENDERSON, CHRISTOPHER 1998-11-12 110.00 0252424 HARBOR BRANCH OCEANOGRAPHIC 1998-11-12 43.00 0252425 HANNA, RORY 1998-11-12 110.00 0252426 H D INDUSTRIES, INC 1998-11-12 110.26 0252427 HARTSFIELD, DEBBIE 1998-11-12 51.50 0252428 HARTSFIELD, HENRY 1998-11-12 130.00 0252429 HARTMAN & ASSOCIATES INC 1998-11-12 5,110.00 0252430 HTE USER'S GROUP INC 1998-11-12 80.00 0252431 INDIAN RIVER COUNTY SOLID 1998-11-12 280.60 0252432 INDIAN RIVER BATTERY, INC 1998-11-12 177.80 0252433 INDIAN RIVER BLUE PRINT, INC 1998-11-12 10.95 0252434 INDIAN RIVER COUNTY UTILITY 1998-11-12 222.86 0252435 INDIAN RIVER FARMS WATER 1998-11-12 225.00 0252436 INDIAN RIVER OXYGEN, INC 1998-11-12 497.00 0252437 INGRAM LIBRARY SERVICES 1998-11-12 160.30 0252438 INTERSTATE BILLING SERVICE 1998-11-12 157.32 0252439 ISIS PUBLISHING 1998-11-12 27.00 0252440 INSTITUTE OF TRANSPORTATION 1998-11-12 240.00 0252441 IRC EMPLOYEE HEALTH INSURANCE- 1998-11-12 196,604.20 0252442 IMLA 1998-11-12 500.00 0252443 INDIAN RIVER COUNTY SHERIFF'S 1998-11-12 110.00 0252444 JACKSON ELECTRONICS 1998-11-12 48.11 0252445 JACOBS ELECTRIC MOTOR REPAIR 1998-11-12 36.78 0252446 JOELSON CONCRETE PIPE COMPANY 1998-11-12 7,732.00 0252447 JONES, MERRILL 1998-11-12 61.80 0252448 JONES CHEMICALS, INC 1998-11-12 2,495.00 0252449 K MART 1998-11-12 90.00 0252450 K & S RIP RAP SERVICES 1998-11-12 8,520.00 0252451 KAUFFMANN, ALAN 1998-11-12 117.00 0252452 KIRBY AUTO SUPPLY FT PIERCE 1998-11-12 350.30 0252453 KLINK, RICHARD 1998-11-12 748.00 0252454 KIRBY AUTO SUPPLY FT PIERCE 1998-11-12 48.22 0252455 LONG, JAMES T ESQUIRE 1998-11-12 13,500.00 0252456 LEAHY MICROGRAPHICS, INC 1998-11-12 1,791.74 0252457 LOWE'S HOME CENTERS, INC 1998-11-12 554.86 0252458 L B SMITH, INC 1998-11-12 1,059.82 0252459 LIGHT SOURCE BUSINESS SYSTEMS 1998-11-12 158.30 0252460 LFI VERO BEACH, INC 1998-11-12 3,676.00 0252461 LESCO, INC 1998-11-12 652.77 0252462 LLOYD, JOHN RALPH 1998-11-12 104.00 0252463 LOWE'S HOME CENTERS, INC 1998-11-12 18.88 0252464 LANDSCAPE CONNECTION 1998-11-12 550.00 0252465 LAMPERT, SEAN E 1998-11-12 19.20 0252466 MAXWELL PLUMBING, INC 1998-11-12 204.80 0252467 MILNER DOCUMENT PRODUCTS 1998-11-12 63.00 0252468 MARQUIS WHO'S WHO 1998-11-12 508.20 0252469 MATRX MEDICAL, INC 1998-11-12 155.50 0252470 MIAMI ELEAVTOR COMPANY 1998-11-12 11958.00 0252471 MAC PAPERS, INC 1998-11-12 119.50 0252472 MASTELLER & MOLER, INC 1998-11-12 3,933.27 0252473 MEDICAL RECORD SERVICES, INC 1998-11-12 48.29 0252474 MEDICAL SERVICE CENTER 1998-11-12 64,545.00 0252475 MEREDITH CORP, BOOK GROUP 1998-11-12 38.46 0252476 MACACADEMY 1998-11-12 45.00 0252477 MIDWEST TAPE EXCHANGE 1998-11-12 79.65 0252478 MGB CONSTRUCTION INC 1998-11-12 500.00 November 24, 1998 5 600K I07 FAGE iU8 r BOOK 107 FACE 688 CHECK NAME NUMBER CHECK CHECK DATE AMOUNT 0252479 MERGLER, LENORA J 1998-11-12 105.00 0252480 MEDICARE PART B 1998-11-12 390.33 0252481 NORTH SOUTH SUPPLY 1998-11-12 39.79 0252482 NATIONAL PROPANE CORP 1998-11-12 36.34 0252483 NATIONAL FEDERATION OF STATE 1998-11-12 328.82 0252484 NOCUTS, INC 1998-11-12 19.70 0252485 NEW HAMPSHIRE/MAINE CONNECTION 1998-11-12 24.00 0252486 OFFICE PRODUCTS & SERVICE 1998-11-12 1,009.97 0252487 OMNIGRAPHICS, INC 1998-11-12 82.00 0252488 O'NEIL, LEE & WEST 1998-11-12 17,526.60 0252489 O'DARE, KELLIE M 1998-11-12 133.45 0252490 PARKER, RALPH & CITY OF VERO 1998-11-12 91.00 0252491 PARKS RENTAL INC 1998-11-12 1,486.05 0252492 PEACE RIVER ELECTRIC 1998-11-12 170.54 0252493 PERKINS INDIAN RIVER PHARMACY 1998-11-12 46.48 0252494 PUBLIC DEFENDER 1998-11-12 5,086.73 0252495 PROCTOR CONSTRUCTION 1998-11-12 1,000.00 0252496 PERKINS MEDICAL SUPPLY 1998-11-12 816.20 0252497 PAVCO CONSTRUCTION, INC 1998-11-12 2,235.00 0252498 PICTON PRESS 1998-11-12 99.00 0252499 P B S VIDEO 1998-11-12 78.20 0252500 PRECISION CONTRACTING 1998-11-12 645.00 0252501 PANGBURN, TERRI 1998-11-12 12.00 0252502 PRESS JOURNAL - SUBSCRIPTION 1998-11-12 117.00 0252503 PRESS JOURNAL/STUART NEWS 1998-11-12 1,947.82 0252504 PRAXAIR DISTRIBUTION 1998-11-12 59.05 0252505 PROMEDIX CORP 1998-11-12 1,114.30 0252506 PRIME OUTLETS AT VERO BEACH 1998-11-12 200.00 0252507 QUALITY BOOKS, INC 1998-11-12 3,493.82 0252508 R R BOWKER 1998-11-12 385.15 0252509 RICHMOND HYDRAULICS INC 1998-11-12 26.99 0252510 REED ELSEVIER NEW PROVIDENCE 1998-11-12 1,575.33 0252511 RUBBER STAMP EXPRESS & MORE 1998-11-12 37.40 0252512 RELIANCE PETROLEUM CO, INC 1998-11-12 276.83 0252513 REISFELD, ART 1998-11-12 140.79 0252514 RCL DEVELOPMENT 1998-11-12 500.00 0252515 REEBOK FACTORY DIRECT STORE 1998-11-12 49.99 0252516 SCHOPP, BARBARA G 1998-11-12 73.50 0252517 SCOTT'S SPORTING GOODS 1998-11-12 29.95 0252518 SCOTTY'S, INC 1998-11-12 14.01 0252519 SEBASTIAN BUSINESS SUPPLY, INC 1998-11-12 18.69 0252520 SEWELL HARDWARE CO, INC 1998-11-12 178.49 0252521 SOUTHERN ELECTRIC SUPPLY 1998-11-12 831.91 0252522 ST LUCIE BATTERY & TIRE, INC 1998-11-12 29.95 0252523 STURGIS LUMBER & PLYWOOD CO 1998-11-12 498.56 0252524 ST LUCIE PAPER & PACKAGING,INC 1998-11-12 967.11 0252525 STALEY, LARRY 1998-11-12 80.04 0252526 SERVICE REFRIGERATION CO, INC 1998-11-12 149.75 0252527 SIMON & SCHUSTER 1998-11-12 662.18 0252528 SCHOOL DISTRICT OF IRC 1998-11-12 920.00 0252529 SOUTHERN SEWER EQUIPMENT SALES 1998-11-12 165.75 0252530 SUBSTANCE ABUSE COUNCIL 1998-11-12 6,616.01 0252531 STEFFEN, KURT 1998-11-12 75.00 0252532 SOUTHEAST LIBRARY BINDERY,INC 1998-11-12 912.24 0252533 STEWART, NALL, EVANS & HAFNER 1998-11-12 15,000.00 0252534 GROVES DICTIONARIES INC 1998-11-12 5,500.00 0252535 SOUTHERN SECURITY SYSTEMS OF 1998-11-12 753.00 0252536 SMITH, JUDITH WALKER 1998-11-12 96.00 0252537 SHIELDS, VANESSA 1998-11-12 12.88 0252538 TREASURE COAST REFUSE CORP 1998-11-12 70.97 0252539 TRANE PARTS CENTER OF SOUTH 1998-11-12 79.22 0252540 TREASURE COAST COUNCIL OF 1998-11-12 200.00 0252541 TRANS -GENERAL LIFE INSURANCE 1998-11-12 5,731.20 November 24, 1998 ril CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0252542 TREASURE COAST COUNCIL OF 1998-11-12 25.00 0252543 TRUGREEN CHEMLAWN 1998-11-12 20.00 0252544 TARGET STORE T-1050 1998-11-12 73.06 0252545 SMITH, TERRY L 1998-11-12 59.16 0252546 TOUCAN VALLEY PUBLICATIONS INC 1998-11-12 91.12 0252547 TELECOMMUNICATIONS 1998-11-12 44.53 0252548 THERMOGAS COMPANY 1998-11-12 72.41 0252549 US FILTER DISTRIBUTION GROUP 1998-11-12 4,861.53 0252550 UNIPSYCH BENEFITS OF FL,INC 1998-11-12 4,212.00 0252551 VELDE FORD, INC 1998-11-12 271.31 0252552 VERO BEACH, CITY OF 1998-11-12 116.54 0252553 VERO BEACH, CITY OF 1998-11-12 23,487.79 0252554 VERO CHEMICAL DISTRIBUTORS,INC 1998-11-12 39.55 0252555 VERO LAWNMOWER CENTER, INC 1998-11-12 398.14 0252556 VERO MOTEL 1998-11-12 175.00 0252557 VERO BEACH POLICE DEPARTMENT 1998-11-12 25.00 0252558 VERO BEARING & BOLT 1998-11-12 98.38 0252559 VERO TYPEWRITER COMPANY 1998-11-12 84.88 0252560 VOLUNTEER ACTION CENTER 1998-11-12 50.00 0252561 VALENTINO, RANDY 1998-11-12 500.00 0252562 VAN OS, ERIC 1998-11-12 38.63 0252563 VERO BEACH, CITY OF 1998-11-12 86.90 0252564 WGYL-FM 93.7 FM 1998-11-12 700.00 0252565 W W GRAINGER, INC 1998-11-12 449.65 0252566 WINN DIXIE ORLANDO 1998-11-12 467.03 0252567 WAL-MART PHARMACY, INC 1998-11-12 188.66 0252568 WAL-MART PHARMACY, INC 1998-11-12 84.92 0252569 WILLHOFF, PATSY 1998-11-12 130.00 0252570 WOYSHNER, ROBERT 1998-11-12 110.00 0252571 WARNER, A MORLAN 1998-11-12 110.00 0252572 WASTE MANAGEMENT 1998-11-12 85,120.75 0252573 WOODBINE HOUSE 1998-11-12 36.29 0252574 WEISS & NEWBERRY MEDICAL ASSOC 1998-11-12 500.00 0252575 XEROX CORPORATION 1998-11-12 435.91 0252576 YAVORSKY'S TRUCK SERVICE,INC 1998-11-12 793.84 0252577 YORK INTERNATIONAL CORPORATION 1998-11-12 2,347.75 0252578 ZIMMERMANN, KARL 1998-11-12 50.85 0252579 PRESCOTT, DAWN 1998-11-12 29.62 0252580 GULINO, WILLIAM 1998-11-12 59.66 0252581 FRANCIS, STANLEY 1998-11-12 62.73 0252582 AHNEMAN, EDWARD F. 1998-11-12 30.82 0252583 R ZORC & SONS BUILDERS INC 1998-11-12 88.83 0252584 PARENT CONST INC 1998-11-12 201.74 0252585 PROCTOR CONSTRUCTION CO, INC 1998-11-12 480.00 0252586 LITTLE CAESARS ENTERPRISES INC 1998-11-12 170.85 0252587 HOLIDAY BUILDERS 1998-11-12 20.85 0252588 WILSON, WILLIAM B 1998-11-12 61.84 0252589 STEWART, BEUBEN & ANGELA 1998-11-12 26.53 0252590 LA PLANTE, ROBERT G 1998-11-12 150.72 0252591 GHO VERO BEACH INC 1998-11-12 188.56 0252592 SAULS, WAYNE 1998-11-12 21.77 0252593 CORNERSTONE SELECT HOMES INC 1998-11-12 58.80 0252594 COOLER JR, JAMES 1998-11-12 73.42 0252595 PERUGINI CONSTRUCTION 1998-11-12 35.07 0252596 ST LUCIE DEVELOPMENT CORP 1998-11-12 37.22 0252597 WEAVER, CHARMA J 1998-11-12 6.30 0252598 SANFORD, DAVID L 1998-11-12 41.61 0252599 DIXON, DAVID 1998-11-12 25.06 0252600 GALLO, ERNEST A 1998-11-12 30.80 0252601 LOPEZ, GERALD 1998-11-12 69.47 November 24, 1998 7 BOOK 107 FAGED"S9 i BOOK_ PAGE 65'0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0252602 TAMASI, CHRISTINE SPARACIO 1998-11-12 8.26 0252603 MARLAN DEV & CONST MGMT INC 1998-11-12 55.49 0252604 ADAMSON JR, RON 1998-11-12 39.35 0252605 DAMIANI, RONALD J 1998-11-12 32.97 0252606 CHANEY, MARK & STACY 1998-11-12 15.15 0252607 STROBEL, JOSEPH F 1998-11-12 32.44 0252608 EVERSON, MATTHEW 1998-11-12 32.66 0252609 RANCANO, JOSE 1998-11-12 29.06 0252610 SCHINKUS, SHELLI M 1998-11-12 28.78 0252611 ED SCHLITT, INC 1998-11-12 5,000.00 0252612 THE CITY OF SEBASTIAN 1998-11-12 3,895.88 0252613 WILSON, RONALD K & CAROL P 1998-11-12 4.22 0252614 PROFESSIONAL TITLE OF INDIAN 1998-11-12 15.61 0252615 GIFFORD ELDERLY HOUSING 1998-11-12 25.09 0252616 LYONS, DAWN L 1998-11-12 35.00 0252617 JAMES P. YOUNG CONSTRUCTION 1998-11-12 35.58 0252618 SCHOMMER, ALAN 1998-11-12 90.41 0252619 MCGINNIS, SHAUN J. 1998-11-12 15.43 0252620 FOSTER MANAGEMENT 1998-11-12 28.30 0252621 JONES, TANIA A. 1998-11-12 22.00 0252622 OAK HARBOR CLUB PROPERTIES 1998-11-12 33.18 0252623 PROCTOR CONSTRUCTION COMPANY 1998-11-12 28.30 0252624 WASHER, CHARLES & RUSTIE 1998-11-12 16.43 0252625 GHO VERO BEACH, INC 1998-11-12 28.30 0252626 CROOM CONSTRUCTION COMPANY 1998-11-12 101.50 0252627 O'DONNELL, COLUMBUS 1998-11-12 58.82 0252628 FONDA, KELLIE K. 1998-11-12 42.92 0252629 CLEAVER, RICHARD 1998-11-12 67.02 0252630 CRONK, KIM 1998-11-12 84.91 0252631 GUZMAN, JOSE & MARY 1998-11-12 170.28 0252632 VINAGRE, NORBERTO 1998-11-12 24.27 0252633 DAWKINS, DEMETRUS 1998-11-12 50.00 0252634 CAMPBELL, TODD 1998-11-12 24.28 0252635 DIROCCO CONSTRUCTION 1998-11-12 33.18 0252636 BARKER, GEORGE & EUNICE 1998-11-12 140.00 0252637 FLINN, CHRISTOPHER 1998-11-12 21.97 0252638 ANDERSON, SCOTT P. 1998-11-12 50.08 0252639 CORNERSTONE SELECT HOMES, INC 1998-11-12 1,197.23 0252640 THE CITY OF SEBASTIAN 1998-11-12 4,072.57 7.0 Miscellaneous Budget Amendment 002 The Board reviewed a Memorandum of November 18, 1998: TO: Members of the Board of County Commissioners DATE: November 18, 1998 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 002 CONSENT AGENDA FROM: Joseph A. Bair OMB Director November 24, 1998 8 831,762.94 � t • DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. Due to severe weather this month, staff had to have emergency repairs to the boardwalks at both Golden Sands and Treasure Shores Parks. There has already been $10,775 in repairs and more are anticipated. Staff is requesting a budget amendment in the amount of $17,500 to come from the General Fund Contingency. 2. The judges need computer software upgrades which are estimated in the amount of $5,000. This will be paid from the Court Facility fund. 3. The Board of County Commissioners approved a raise for the County Administrator. The attached entry appropriates funding. 4. The overtime and stand-by time for Traffic Engineering was underestimated by the Budget Director for the 1998/99 FY. The attached entry appropriates funds. 5. There has been a request to set up a portable digital projector for presentations of G.I.S. projects (land use) at B.C.C. meetings. The attached entry appropriates funding in the amount of $8,500 from the General Fund Reserve for Contingency. 6. The Transportation Fund has been paying for work performed on 101' Ave. in Vero Lake Estates. The costs are estimated to be $110,000. The attached entry appropriates funding from Vero Lakes Estates. 7. It is estimated that Emergency Services will receive $12,226 from the SLA grant. The attached entry appropriates funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved Miscellaneous Budget Amendment 002, as recommended in the Memorandum. November 24, 1998 z BOOK 107 FU 691 TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director BOOK 107 FACE S BUDGET AMENDMENT: 002 DATE: November 18, 1998 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Parks/Maintenance Structure Except Buildings 001-210-572-034.66 $17,500 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $17,500 2. REVENUE COURT FACILITY/Cash Forward 106-000-389-040.00 $5,000 $0 EXPENSE COURT FACILITY/Circuit Court/Software 106-901-516-035.12 $2,500 $0 COURT FACILITY/Circuit Court/Computer Hardware Upgrade 106-901-516-035.13 $2,500 $0 3. EXPENSE GENERAL FUND/Administrator/Regular Salary 001-201-512-011.12 $3,781 $0 GENERAL FUND/Administrator/Special Pay 001-201-512-011.15 $210 $0 GENERAL FUND/Administrator/ Social Security 001-201-512-012.11 $248 $0 GENERAL FUND/Administrator/ Retirement 001-201-512-012.12 $960 $0 GENERAL FUND/Administrator/ Life Insurance 001-201-512-012.13 $18 $0 GENERAL FUND/Administrator/ Worker's Compensation 001-201-512-012.14 $14 $0 GENERAL FUND/ Administrator/Medicare Matching 001-201-512-012.17 $58 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $5,289 November 24, 1998 10 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director • BUDGET AMENDMENT: 002 DATE: November 18, 1998 Entry Number Funds/Department/Account Name Account Number Increase Decrease 4. EXPENSE TRANSPORTATION FUND/Traffic Engineering/Regular Salary 111-245-541-011.12 $7,000 $0 TRANSPORTATION FUND/Traffic Engineering/Overtime 111-245-541-011.14 $2,500 $0 TRANSPORTATION FUND/Traffic Engineering/Social Security 111-245-541-012.11 $589 $0 li TRANSPORTATION FUND/Traffic En ineerin /Retirement 111-245-541-012.12 $1,563 $0 TRANSPORTATION FUND/Traffic Engineering/Worker's Compensation 111-245-541-012.14 $67 $0 TRANSPORTATION FUND/Traffic Engmeermg/Medicare 111-245-541-012.17 $138 $0 TRANSPORTATION/Reserve for Contingency 111-199-581-099.91 $0 $11,857 5. EXPENSE GENERAL FUND/Computer Services/Computer Equipment 001-241-513-066.47 $8,500 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $8,500 6. REVENUE VERO LAKES ESTATES/Cash Forward 185-000-389-040.00 $110,000 $0 EXPENSE VERO LAKES ESTATES/Construction in Progress 185-214-541-066.51 $110,000 $0 7. REVENUE GENERAL FUND/BMA Matching Grant 001-000-331-023.00 $12,226 $0 EXPENSE GENERAL FUND/EMS/Other Charges 001-208-525-039.99 $2,500 $0 GENERAL FUND/EMS/Travel 001-208-525-039.02 $9,726 0 —$ j November 24, 1998 11 BOOK i0 l. MME 603 BOOK .11.07 FADE 6�C1 7.D. Resolution No. 98-130 - Recently Acquired Property -Tax Cancellation - Robert & Richard Flinn The Board reviewed a Memorandum of November 10, 1998: TO: Board of County Commissioners FROM: Lea R. Keller, CLA Legal Assistant - County Attorney's Office DATE: November 10, 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 cony being forward to the Tax Collector (along with copies sent to the Property Appraiser and Fixed Assets). Requested Action: Board authorize the Chairman to sign the attached resolution canceling taxes upon land the County recently acquired. Attachments: Resolution with legal - Environmentally Significant Robert & Richard Flinn ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution 98-130 canceling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. November 24, 1998 12 Re: Environ. Significant y Robert 8 Richard Flinn RESOLUTION NO. 98- 130 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 1216, Page 1409, which was recently acquired by Indian River County as environmentally significant land are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner M a c h t , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Commissioner, Ruth Stanbridge Aye Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this L day of November,• ,1998. BOARD OF COUNTY COMMISSIONERS By John W. ippin . "Chairman November 24, 1998 13 BOOK M 7 FACE APPROVED AS TO FORM .- ,.,_,{,f _� �� s,_ TAX ;, ,aL�:s�. ..��`:L. _ ���� ��->s r tx., a�i1 t, :.XX. ���• =AL-bFFICIENCY: -�• BJP :? d s� :.:r� ° �' ; " ; «`.. " `" Funds deposited w/ Charles P. .: ; Tax escrow al closing County oituna Attorney November 24, 1998 13 BOOK M 7 FACE I f Q pE7UiM T0. c t)M. BROWN i CJItOMIEI C P.O. Box "s VERO BEACH IL 32964 w...sa>,. .r o Ada 4 damM-ftC"-%8w %6i f.y vwar n».0 ROTE6 MMURMACOUNR BOOK M eta fT IIT Wi►tlyr ►qy� ��f1IIr ph" 0p.i.r.au•Oft amMM3.aad733.aaft aft SIM" Amos" Tw owmdw O.wfsTMONrr. Ow"i U. m 1/rr I>i... Awe Tin tw r� add f7ry WARRANTY DEED �� a, --- - TM RVDMKn" R Mwk ui.._LL d t of JfaA 1995 A D.. Rffnw.w ROSLRT A. nJM d RICHARD M. FL M..M a. r....fYrlif�..f►b.lt(IfO bilnaM. .f dw Car.y or w6m a w, df. after now% GRANTOR. and NOUN RI VER COUNTY. FLORIDA,. POHWW vAdmaim uoft the Sure of Fk.dk a to a. ff.fbvlded Aft Pau= W -M (MY. FLORIDA INLAND NAVIGATION DISTRICT.. spatial u.ine li ifx uedw FW" kw. w to a. un&vidod twosty-rwe pforoaft Tel = (25%). a.d ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. as to a. usdmdsd twattr five P� uwae:t (23%k GRANTEE_ rl+o.. addsfafo safe W a,..C�r.Iwa3i.sswf� ttwe.r►n.33w I>..rs.r.s►s.,,�... oi.... tll. N.er. ar 3.+�, f1.33q! lal.r.On.wr.q�■.�.�ow. wra�.Ir.Nlf,hi+►►7.u►7s.W3+r WTiNESSETH " dw GRANTOR rar t.Id i mwW m m d M dw A of TEN AND AR NQI100 DOLLS (S 10.00) and other good Mid vahtabk oarsidaum b GRANTOR in bfod pod by GRANTEE, da mapt -baeof s bmby wkoowWgA has F=14 b. PWAd and scold to the sad GRANTEE afd GRANTEES suooasots and asraigaa rae.er. dse Collowieg daaibed ImdL, b,ng a.d bdmg i. dw Cofoly of MDIAN RIVER State of FLORIDA_ to wit: Tb. S..u...&&sf G...r.M.a Left 7 afd 8. Sudw 7.Tmm@Mp 13 samtk R..E. M g+M_ Udkn RkW C@Mq. AMIrg. LLSS AND LXCWr 1b.I pow" reesOd I.OMW R.ond Seek 719. fsR.76. hblk Raw & of WdMq Rln► SLMW. T TO. AD mfddmm fe wwAmfr,...dd.. lit.ifat�.f. wf SOS . ff � wA wm 4fr tlr ys.r It19r.fd sifb,.yfeft pd. EACH GRANTOR HLRLRr STATZS THATTHL AROIR DESCMM PROPIRTY LS NOT THEIR HOMLSTLAD. NOR a ANY MOFZM CONTIGUOUS OR ADJACwr TnmETO AND EACH GRANTOR'S RESIDENCL M AS LISTLD BELOW HIS SIGNATURL MW the wwrld�dwor W al ��f' whatsofift warrafn We tisk 10 MW MIA and wM ddad dw..w "wo t.M IN WITNESS WHEREOF." GRANTOR has Wsamo sa his hmd and wd lk day &W 3swr rant above wTitloa SIg.e4 sew" aed im t ai. }� li /llteue�. R.ben N T R.,l S►neI tr nN sN u n ti • �, . Nance Typd: _ Bosh pubm Rkbard M. From November 24, 1998 14 107 PAGE C2 01 %0 O C, • • 7.E. Beach Preservation Plan - Proiect Feasibility Study - Consultant Ranking - N—egodate with Applied Technology & Management, Ina The Board reviewed a Memorandum of November 16, 1998: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Jeffrey R. Tabar, Coastal Engineer SUBJECT: Consultant Selection - Professional Engineering Services - Beach Preservation Plan - Project Feasibility Study DATE: November 16, 1998 The consultant selection committee, consisting of Jeff Tabar, Coastal Engineer, Ratby Fitzpatrick, Sebastian Inlet District, and Jim Davis, Public Works Director, interviewed four coastal engineering firms on November 6t', for the purpose of consultant ranking of the Beach Preservation Project Feasibility Study. After considering the selection criteria published in the RFP, the committee recommends the following prioritized short-listed: 1) Applied Technology & Management 2) Coastal Planning & Engineering, 3) Humiston & Moore Engineering 4) Olsen Associates, Inc. Staff recommends approval of the above prioritized short-list and authorization to proceed with contract negotiation with the first ranked firm, Applied Technology & Management, Inc. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the prioritized short-list as set forth in the memorandum and authorized staff to proceed with contract negotiations with the first ranked firm, Applied Technology & Management, Inc., as recommended in the Memorandum. November 24, 1998 15 BOOK 107 ME619 r BOOK J0 -'j FAGE G1 %) S. HEALTH DEPARTMENT - FLORIDA TOBACCO PILOT PROGRAM - A GENERATION AGAINST TOBACCO The Board reviewed a letter of November 13,1998from Leslie Cracraft, Tobacco Free Coordinator, Indian River County Health Department: TOBACCO PARTNERSHIP OF INDIAN RIVER COUNTY November 13,1998 Board of County Commissioners Indian River County Attention: James Chandler, County Administrator Administration Building 1840 25th Street Vero Beach, FL 32960 Dear Mt Chandler, As the Tobacco Free Coordinator for Indian River County, I am assisting our local middle and high school students who are members of SWAT (Students Working Against Tobacco). I am hand delivering the enclosed letters and enclosures to the Administration Building, The packets include: 1.) Letter from the vice president of SWAT for Indian River County. 2.) Letter from all SWAT members requesting time on the November 24,1998 County Commission Agenda 3.) Proposed language for a county resolution 4.) Copy of a city ordinance passed in Philadelphia, PA. 5.) Copy of the survey sheet to be used by the students 6.) Copies of media coverage from Orange and Leon Counties Operation SWAT. 7.) A pamphlet explaining the statewide Florida Tobacco Pilot Program. I have enclosed the original packet and six copies for the commissioners. I will also direct a copy to Mt Vitunac, the county attorney. If you have any questions or concerns, please contact me at 770-5400, ext 2700 or Mrs. Nancy McClain. our SWAT coordinator, at 770-4811. Thank you for your time and attention. The kids are looking forward to the survey and presenting to the Board. Sincerely, C�)..(G%GL's-�C-tL Leslie Cracraft V , �/`7 �i . ; �ic d ✓ i G 1/ Tobacco Free Coordinator Indian River County Health Department November 24, 1998 1900 :7TH STREET VERO BEACH, FLORDIA 32960 PHONE: 561-"0-5400.2700 • FAX: 561.770-5403 ER 0 • A packet of information was given to each Commissioner. (CLERK'S NOTE: Packet is on file with the backup of the meeting.) Colette Hyde, Chairperson of the Tobacco Free Partnership of Indian River County, advised of the youth -led program by Students Working Against Tobacco (SWAT) in the county and the various efforts of the state-wide program which was funded as part of the "tobacco lawsuit" settlement. She also advised of the many innovative and creative sub- programs and involvement of community-based organizations and civic groups, which have banded together with local youths. Rosa Jimenez, local SWAT chairperson, presented additional history concerning the creation of SWAT. The thrust is to create activities to prevent people from smoking. She then told of an activity that was held at Sebastian River Middle School. Diana Vertus, told of a program at the beach where smokers were encouraged to swap their cigarettes for Florida orange juice. Sara Hanson, from Sebastian River Middle School, told of 2,000-3,000 TRUTH post cards sent to celebrities who have been shown smoking in teenage -targeted movies. The post cards encouraged the celebrities to stop the activity. Joey Acquafredda, from Sebastian River Middle School, told of a recent survey of retail stores which sell and advertise tobacco products. Todd Fox, from Gifford Middle School, advised that preliminary findings of his program indicate that most under -age smokers have stolen their cigarettes and are violators of the youth tobacco law. Marguerite Ulysse, from Oslo Middle School, advised that SWAT will finish their retail survey on tobacco products and placement of advertising and come back to the Board of County Commissioners with the results. They will also request a County ordinance to require all tobacco products to be placed behind the counter under the control of the store's clerk. Curran Thomas, from Gifford Middle School, thanked the Board for allowing the group to come before them and hoped the Board would continue to help in SWAT's anti- smoking campaign. In response to Commissioner Adams' inquiry, Vice Chairman Macht suggested the Board direct the County Attorney to draft an ordinance. There was some confusion as to what action the group was requesting the Board to take. November 24, 1998 17 BOOK 10.7 PAGE U99 BOOK i0_7 PACE 7U' 0 Robin Dapp, former Tobacco Free Coordinator, now at Oslo Middle School as part of the comprehensive school health program, who works with the Oslo SWAT group, reported that of the 65 retail stores surveyed, 71% had tobacco products displayed in front of the counters or near the exit. The easy access to cigarettes makes it easy for teens to acquire cigarettes and thus the tobacco addiction. SWAT will continue canvassing the rest of the convenience stores in the county and advise the Board of their findings. The objective is to create an ordinance which will put all merchants on an even playing field and require that they have the tobacco products behind their counters. Commissioner Adams asked how many stores refused to let the students do a survey in their establishment, and Leslie Cracraft, the Tobacco Free Coordinator, advised that about five stores, but the students did what they could at those stores. Ms. Cracraft added that the students noticed the lower prices for gasoline, candy, and other products in the stores which had a lot of tobacco product advertising. Commissioner Adams asked if the program will include any other requests, and Ms. Cracraft advised that SWAT will be doing another activity to attempt to get clean indoor air in restaurants. Commissioner Adams advised that the County Administration Building has been tobacco -free for five years and felt it has been a big benefit to the people to work here as well as visitors. She commended the pro -active efforts of the group. Ms. Dapp pointed out the method the groups are using is problem -solving. She felt the County ordinance would make it more difficult for youths to have easy access to tobacco products as well as create some equity with the retail stores. NO ACTION TAKEN. 9.A. PUBLIC HEARING - RESOLUTION 98-131 - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY - ISSUANCE OF REVENUE BONDS NOT TO EXCEED $16,000,000 - ACTS RETIREMENT -LIFE COMMUNITIES, INC. ACTS November 24, 1998 18 PRESS -JOURNAL PuWWwd Dash► Vero Bleach, lndtan River County, Florida CWM OF INDIAN RIVER: STATE OF FLORIDA Flkdca who an Before the u dersigned authority P lr app DOblished at Vero Beach oath says that hero In Flodda; � the attacheof d being in the matter of In Cr }- Court, was Pub- Imtsed h said ruewapaper in the issues of Affiant further says that the said Presa+la M is a newspaper published M V has heretalarebeen In said Indian River County. Florida. and that the said newcordirwouaty published in said Indian Rim County. Florida, each and has been entered as second ease mail matter the post office In � � ublication t 1B Man River County, Florida, fora peene d of ayew next preoestang attached OW Of advertiarattan and daz furfur says that s onor -0100 poldforththethe pu prontsed of soma" this or ,rattan any disoouest. rebate. Cammisabn ad+rt�t for Nblicaticn in Bald s--+�+---- .• • ��.•• subscribed before me • t a •• ca • a * ;'ay co6lrlssm1 up Bis % it. LU06Rr 01, 2001 COM& i0. U611093 a"tf. RHONDA STANG '•991- . (1oQ;• Notary Public, State of Flo My C01ftmi5si0n 1, 2001 •` Blh ,STA Go••• comm. No. CC 6 1 Personally Known Produced ID 0 Type otlD Produced ._� November 24, 1998 19 • NOTICE OF PUBLIC HEARING OF THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA , ' NOTICE Is hereby given that a.public having will be hold by t Board of County Commissioners of Indian Rim County (the "Boa► n" Tueskry, Navember.34, 1998 at 9.00 am. local tier, County Comm down Chamber, County Administration Building, 1940 2% Stmt, Ve Beach, Florida, fon the puposs of considrilg adoption of a Resoluti, authorising an Amendment to the Interlocal AWWWd AWRY exe:un on November 27, 1996, previously entered bola •by tier Board enol t Palm .Beach County Health Facilities Authority (the 'Werlocal Agre Mon for the proposed issuance:by the Palm Beach County Heo wities Authority of los Ado Comnwrdiy Revenue Bonds to be Owed an amount not to exceed 116,000,000, the.prgaeds of which shall loaned to ACTS Rnt&emet-Life Communities, inc (formerly known Adult Communities Total Services, Inc.) Rhe "Obligated Group' "ACTSI to be used to finance curtain capital projects as scare fu described below at .the facilities listed below, pay for certain expens Incurred in connection with the issuance of the Bonds and fund a de servicereservefwd ° - . Initial Owners ACTS Rethement Life Communities, Inc Nature and Location of Financed Facilitles The financing or tefinan Ing of the acquis tkx6 construction, equipping and improvement of adc floral facilities at the existing facilities of ACTS, as further describ, below. p> St. Ardre+irs Estates North" Address: 6152 North Verde.Troll, Boca Raton (Palm BahCourt )JIorida 33433-4402 ' Description of.;Ed*rg, Fadlltys 272'hx1%wrdsd living. units, centr fadltties age a 120 bed medical ;T„ Projects to W'Fl`nan�`A�1 M. copra improver` n ren vations and the acquisition of capital equiparnt. (2) Edgewater Pointe Estates Addraas: 23315:Bkr WOW Cita Boca Bator%. (Palm Beach County), Flow 33433-7053 lDesaWW,of'Existing Facilltys 354 hndepadent living units, am* faciliilm 54 assisted living units and a 99 bed medical care facilty. Projects to be Financed: Miscellaneous capitol Improvements and rem vations and the acquisition of capital equipment. (3) St. Andrew. Estates South Addres 6045 South Verde Trail, Boca Raton (Palm Beach County), Florida 33433-4402 Description of Existing Facility- 317 Independent living units, carr facilities and 4.0 assisted living units Projeds•to be FisanciA Mjsoellaneass caplial Improvements and rem raBons and lir aC*Mon of Capital equipment. (4) Indian River Edotes East Address: 2250 Indian Creek Boulevard Wad, Vero Beach (Indian River County), Florida 32966-1395 Description of Existing Fadliys 349 independent living units, ceder facilities, 71 assisted living units and a 100 bed medical core Why. Projects to be Financed: Miscellaneous capital imlmarerrnls and rem vations and the acquisition of capital equipment (5) Indian River Estates Wed Address: 7730 Indian Oaks Drive, Vero Beach (Indian River County), Florida 32966-5133 Description of Existing Facility: 173 tsdepesdod living units and central facilities. Projects to be Financed-. Miscellaneous capital Improvements and rem vations and the acquisition of capital equipment, including, but m limited to, the construction of 70 independent living units and the acquis flan of an approximately 10 -ace tract at land boated an the south sic of 26th Street, between 82nd Avenue and 74th Avenue and adjoce and contiguau to the existing facilities, being Property Appraiser's po cel Identification No. 01-33-36-00001-0030-00001.0. t - The capital improvements to tin facilNas In Vero Beach, Florida aro t be financed purwont to an amedm ent to the Intrkxal Agre lewd. The public hearing will be conducted to a manner that provides reasonable opportunity to be heard for persons with differing views e 49 eery Into an Interlocal Agreement to permit the Palm Beach Count Hoch Facilities Authority to issued buds to finance the projects locate in Indian River County, Florida Any person desft to be heard on th mutter is ,requeded to attend the public hearing orsend a rtpramtaln Written comments (not exceeding 250 words) to be presented at th hearing may be submitted by sending such comments to Charles 1 Vlhmac, County Attorney, at the address sat forth above. The pubs hearing is held by and on behalf of Board as Ihs governmental unit i !which a portion of the abovre reharenced facilities re located, all c required by the Internal Revenue Code of 1986, as amended. Comments made at the hearing aro for the consideration of he an will not bind any legal adios to betaken by the Board. T IF A PERSON DECADES TO APPEAL ANY DEGSION MADE BY TH BOARD OF COUNTY COMWSSIONERS WITH RESPECT TO AN MATTER CONSIDER AT SUCH MEETING, SUCH PERSON WILL NEE[ A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCI PERSON.MAY NEED TO ENSURE THAT -A VERBATIM. RECORD OF TH PROCEEDINGS -IS MADE, WHICH RECORD INCLUDES THE TESTI MONY AND EVIDENCE UPON YftiICH-THE APPEAL IS.TO BE BASED Anyone who needs a special accommodation for this meeting mo contact the County's Americans With Disabilities Ad (ADA) Coordinatc at 567.800, Ex.' 1223 at lead 48 hours In advance of the. = .. _...: BOARD OF COUNTY COMMISSIONERS E ,.r,OF INDIAN RIVER COUNTY November I -• 4529008 �� JukI KE M BOOK i0 F% PAGE 76 The Board reviewed a Memorandum of November 18, 1998: TO: Members of the Board of County Commissioners DATE: November 18, 1998 SUBJECT: PROPOSED RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT AND THE ISSUANCE OF REVENUE BONDS NOT TO EXCEED $16,000,000 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY FROM: Joseph A. Bairc OMB Director DESCRIPTION AND CONDITIONS The Board of County Commissioners at its regular meeting of November 3, 1998 approved the subject matter for a public hearing on November 24, 1998. Notice of the hearing was published in the Press -Journal. A copy of the proposed resolution and interlocal agreement are attached. Budget Director Joseph A. Baird explained the resolution and advised that ACTS had two facilities in Indian River County and three in Palm Beach County. The Interlocal Agreement authorizes the bonds to be under the Palm Beach Health Facilities Authority jurisdiction. Chairman Tippin understood that this resolution and agreement in no way obligates the County financially, and County Attorney Vitunac confirmed his understanding. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Jerry Neal, representing Foley and Lardner, advised that his law firm is the bond counsel for the Palm Beach County Health Facilities Authority. He was present to answer any questions along with Dan Irwin, Vice President of Operations for the southern region of Adult Community Total Services. Rene Renzi, 340 Waverly Place East, Vero Beach, asked what this was all about. County Attorney Vitunac gave a comprehensive explanation of how this resolution and interlocal agreement worked, under the law, to provide a tax benefit for the construction November 24, 1998 20 0 • of homes, such as this. He explained that the law requires that the County must determine it is in the public interest before the benefits are given. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution 98-131 approving a first amendment to an interlocal agreement and the issuance of revenue bonds in an amount not to exceed $16,000,000 by the Palm Beach County Health Facilities Authority and authorized the Chairman to execute the first amendment to the interlocal agreement. RESOLUTION NO. R-98-131 RESOLUTION OF THE BOARD OF THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT AND THE ISSUANCE OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $16,000,000 BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is considering the issuance of not to exceed $16,000,()00 aggregate principal amount of one or more series of its revenue bonds (the "Bonds"); and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to ACTS Retirement -Life Communities, Inc. (formerly known as Adult Communities Total Services, Inc. and defined herein as "ACTS") to be used to (i) finance or refinance the acquisition, construction, equipping and improving of the existing facilities of ACTS, as further described as follows: Name of Project St. Andrew's Estates North Edgewater Pointe Estates November 24, 1998 Location 6152 North Verde Trail, Boca Raton (Palm Beach County) Florida 334334402 23315 Blue Water Circle, Boca Raton (Palm Beach County) Florida 33433-7053 21 Description of Existing Facility 272 independent living units, central facilities and a 120 -bed medical care facility 354 independent living units, central facilities, 54 assisted living units and a 99 -bed medical care facility Projects to be Financed Miscellaneous capital improvements and renovations and the acquisition of capital equipment Miscellaneous capital improvements and renovations and the acquisition of capital equipment BOOK 107 PnE,703 Name of Project St. Andrew's Estates South Indian River Estates East Indian River Estates West Location 6045 South Verde Trail Boca Raton (Palm Beach County) Florida 334334402 2250 Indian Creek Blvd. West, Vero Beach (Indian River County) Florida 32966-1395 7730 Indian Oaks Drive, Vero Beach (Indian River County) Florida 32966-5133 BOOK D-7 PAGE 'iNk Description of Eadstimg Projects to be Financed Facility 317 independent living units, central facilities and 40 assisted living units 349 independent living units, central facilities, 71 assisted living units and a 100 -bed medical care facility 173 independent living units and central facilities Miscellaneous capital improvements and renovations and the acquisition of capital equipment Miscellaneous capital improvements and renovations and the acquisition of capital equipment Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, the construction of 70 independent living units and the acquisition of an approximately 10 -acre tract of land located on the south side of 26d' Street, between 82 Id Avenue and 74th Avenue, adjacent and contiguous to the existing facilities, being property appraiser's Parcel Identification Number 01-33-38- 00001-003040001.0. (ii) finance the costs of capitalized interest; (iii) fund a portion of the 1998 Master Reserve Fund; and (iv) pay all or a portion of the expenses incurred in connection with the issuance of the Bonds; and WHEREAS, the Facilities are owned and operated by ACTS; and WHEREAS, the Authority proposes to finance two of the projects located in Indian River County pursuant to a First Amendment to an Interlocal Agreement previously executed and authorized by Section 163.01(4), Florida Statutes with the Board of County Commissioners of Indian River County, Florida; and WHEREAS, pursuant to the requirements of Section 147(f)(2)(A)(ii) the Internal Revenue Code of 1986 (the "Code") as a prerequisite to the issuance of the Bonds it is necessary that the Board of County Commissioners of Indian River County approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners of Indian River County desires to evidence its approval of the issuance of said Bonds solely to satisfy the requirements of the Code and its authorization of the Interlocal Agreement. November 24, 1998 22 • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. That the Board of County Commissioners of Indian River County hereby approves the issuance of the Bonds solely for purposes of Section 147(f) of the Code. 2. That entry into a First Amendment to an Interlocal Agreement substantially in the form presented to this meeting and attached hereto as Exhibit A is hereby approved. 3. That this Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner S t a n b r i d a e and upon being put to a vote, the vote was as follows: COMMISSIONER JOHN W. T I P P I N , CHAIRMAN A Y E COMMISSIONER KENNETH R. MACHT AYE COMMISSIONER F R A N B. ADAMS AYE COMMISSIONER CAR 0 L i N E D G I WN A Y F COMMISSIONER RUTH STANBRIDGE AYE The Chair thereupon declared the resolution duly passed and adopted this 24#' day of November, 1998. (Seal) B e �j. Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY B34a#� ty Attorney `� INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS HA1 W T T P P T N , Chairman FFREY K. BARYON , Clerk Indim Rva Ce AOproved Date Admtrt Legal '9 Budget sept Risk Mgr. COPY OF PARTIALLY EXECUTED FIRST AMENDMENT TO INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 24, 1998 23 BOOK 11.E 7 PACE `105 : BOOR 1_/. FADE 1f06 9.C. PUBLIC NOTICE ITEM - ESCAMBIA HOUSING MORTGAGE PROGRAM - SCHEDULE TEFRA HEARING - INDUSTRIAL REVENUE BOND Chairman Tippin reviewed a Memorandum of November 18, 1998: TO: Members of the Board of County Commissioners DATE: November 18, 1998 SUBJECT: ESCAMBIA HOUSING MORTGAGE PROGRAM INDUSTRIAL REVENUE BOND FROM: Joseph A. Baird OMB Director William R. Hough & Company, underwriter, has approached Indian River County to see if they are interested in participating in the Escambia Single Family Housing Program for low to moderate income single family housing. This program involves utilization of Industrial Revenue Bonds. Industrial Revenue bond allocations are released by districts each year beginning in January on a first come first serve basis. Indian River County is in district 9B with St. Lucie, Martin and Okeechobee Counties and the allocation should be over $9.5 million. St. Lucie County has already committed to the Escambia Family Housing Program. Indian River County would be sharing the allocation with St. Lucie County, which we have done in the past. With St. Lucie County and Indian River County participating in the same program, local participating lenders can move the money between counties after the first 120 days of the program. William R. Hough and Company is requesting we waive the $1,000 administrative fee plus the .5% of the face value of the bonds (.5% up to a maximum of $10,000) because this will be passed on to the lending institutions and then eventually to the person attempting to obtain the loan. Indian River County must hold a TEFRA (Tax Equity Fiscal Responsibility Act) public hearing and pass a resolution. Escambia Housing would like to hold the TEFRA hearing on Tuesday, December 15, 1998. RECOMMENDATION Staff recommends the Board of County Commissioners waive only the .5% per bond fee and approve holding the TEFRA public hearing on Tuesday, December 15, 1998. NO OBJECTION NOTED to waiving the $1,000 administrative fee plus the .5% of the face value of the bonds bond fee and holding the TEFRA public hearing on Tuesday, December 15, 1998, at 9:05 a.m., as recommended in the Memorandum.. November 24, 1998 24 10. REPORT ON LOS ANGELES DODGERS Administrator Chandler reviewed his memo of November 23, 1998: TO: Board of County Commissioners DATE: November 23, 1998 SUBJECT: Los Angeles D e FROM: James E. dler Since the meeting with the Vero Beach City Council, City Manager Rex Taylor and I have continued our discussions with the Dodgers to negotiate acquisition and lease back of the Dodgertown facilities. Additionally, there was an informal meeting with Dodger President and CEO Graziano and other management representatives on November 16*. Mayor Pease and Commissioner Macht were present as well as Rex Taylor and I. Attached is a copy of the letter formally transmitting our proposal to the Dodgers and Mr. Graziano's response. The Dodger representatives have indicated that to properly proceed to evaluate and negotiate our proposal in a timely manner, appraisals of the facilities are now required In that regard, they have retained the services of Arifield Wagner. Their appraisal is anticipated within 4 to 5 weeks. As reflected in the attached memo from the General Services Director, three quotes were received for the City/County appraisal. Callaway & Price, Inc. are recommended at a fee of $9,000. Based on the fee for those parcels proposed for acquisition by the County, the County expense is $7,000. The City expense would be $2,000. The recommended funding for the County expense is General Fund Contingency. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Ginn, the Board unanimously approved hiring Callaway & Prince, Inc. to conduct an appraisal of certain Dodger properties for a fee of $9,000 (County's share $7,000; City of Vero Beach's share $2,000), as set forth in the Memorandum. 11.G.1. 43RD AVENUE IMPROVEMENTS - RIGHT-OF-WAY ACQUISITION - PARCEL NO. 173 - VINCENT J. ANTHONY The Board reviewed a Memorandum of November 16, 1998: November 24, 1998 25 BOOK 107 PAGE 707 BOOK J®7 FACE 708 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director r Terry B. Thompson, P. E. / Capital Projects ManageK FROM: William M. Napier, SRPA, SRA 141,4111 Right -of -Way Agent SUBJECT: 43 d Avenue Right-of-WayiStorage Area Acquisition 43' Avenue Improvements/8th Street to 26'" Street Parcel No. 173, Vincent J. Anthony DATE: November 16, 1998 DESCRIPTION AND CONDITIONS It has been determined that a parcel of land is needed for material and equipment storage in conjunction with the 43 d Avenue Project. Additional right-of-way is also needed along the subject property. After completion of the project, this parcel can be surplused or possibly used for drainage detention. The property owner has executed a contract at a price of $.97 per square foot for the R-1 zoned land. The contract price is based upon the current Assessed Value of the property according to the County Tax Roll. This price per square foot is comparable to other similar parcels the County has purchased based upon appraisals or evaluations. The contract price is $17,110.00 with a total land area of 17,696 square feet. There are no appraisal or attorney fees. RECOMMENDATIONS AND FUNDING Staff requests the Board of County Commissioners approve the $17,110.00 purchase, and authorize the Chairman to execute the contract. Funding to be from Account #315-214-541-066.12. ATTACHMENT 1) Contract 2) Legal Description MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Adams, to approve staff's recommendation. Under discussion, Commissioner Adams asked why staff decided it best to purchase the property and not just lease it temporarily. November 24, 1998 26 0 • Public Works Director James Davis advised that the property owner did not want to sell just the additional right-of-way. He had three small lots and felt the County should buy all or none, which would have forced the County into a condemnation position. In looking further at the property, staff felt the additional property could be used temporarily as a storage area during construction, possibly for drainage retention, and the County could sell them later if it is decided the lots will be of no further necessity. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Approved the $17,110 purchase from Vincent J. Anthony and authorized the Chairman to execute the contract.) COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. 43RD AVENUE IMPROVEMENTS - RIGHT-OF-WAY ACQUISITION PARCEL NO. 198 - FRANK S. & JANIE GRAVES HOOVER The Board reviewed a Memorandum of November 16, 1998: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Direct Terry B. Thompson, P. E� Capital Projects Manag r / , FROM: William M. Napier, SRPA, SRA // Right -of -Way Agent G4l SUBJECT: 16' Street Right -of -Way Acquisition 43' Avenue Improvements/8th Street to 2e Street Parcel No. 198, Frank S. and Janie Graves Hoover DATE: November 16, 1998 DESCRIPTION AND CONDITIONS Additional right-of-way is needed along the north side of le Street for the addition of a turn lane in conjunction with the 43' Avenue Improvements Project. November 24, 1998 27 BOOK 107 PACE 709 BOOK PAGE ed.LO The property owners have executed a contract at a negotiated price of $2.48 per square foot for the RS -2 zoned land. The contract price is based on $1.16 per square foot for land, with the balance in compensation for damages to landscaping and site improvements taken. The land price and amount for damages are comparable to prices paid for other similar parcels the County has acquired within the market area. The contract price is $6,956.22, with a total land area of 2,807.09 square feet. There are no appraisal or attorney fees. RECOMMENDATIONS AND FUNDING Staff requests the Board of County Commissioners approve the $6,956.22 right-of-way purchase, and authorize the Chairman to execute the contract. Funding to be from Account #315-214-541-066.12 ATTACHMENT 1) Contract 2) Legal Description ON MOTION by Commissioner Macht, SECONDED BY Commissioner Adams, the Board unanimously approved the $6,956.22 right-of-way purchase from Frank S. and Janie Graves Hoover for Parcel No. 198 and authorized the Chairman to execute the contract, as recommended in the Memorandum. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H.H. WATER METER READING - AVATAR UTILITY SERVICES. INC. - ADDENDUM TO AGREEMENT (RENEWAL OF BID NO. 8009) The Board reviewed a Memorandum of November 16, 1998: DATE: November 16, 1998 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. I DIRECTOR OF ITY S PREPARED AND ART REISFELD STAFFED BY: CUSTOMER SER SUPERVISOR SUBJECT: ADDENDUM/RENEWAL TO BID NO. 8009 AGREEMENT BETWEEN INDIAN RIVER COUNTY & AVATAR UTILITY SERVICES, INC. FOR METER READING November 24, 1998 28 • 0 On October 7, 1997, the Board of County Commissioners approved an agreement with Avatar Utility Services, Inc., for the supply of water meter reading services. (Please reference the attached copy of agreement) As per section 5.0 of Exhibit I-5.2 "Price adjustments will be based on prevailing labor and material costs. The contact may be adjusted yearly by a maximum of 3% upon approval by the County." Avatar Utility Services, Inc., has amended the unit price for meter reading services from .515 to .522 (an increase of 1.4%). The County will be performing turn-off, lock and turn -on services. This agreement is to remain in effect through September 30, 1999. 4 11110 3/13IIA-0:10 • _ 6 The staff of the Department of Utility Services recommends that the Board of County Commissioners approved the amended unit price as presented and authorize staff to renew the contract with Avatar Utility Services, Inc. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the amended unit price as presented and authorized staff to renew the contract with Avatar Utility Services, Inc. to remain in effect through September 30, 1999, as recommended in the Memorandum. ADDENDUM TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. RESOLUTION 98-132 - DEVELOPMENT RESTRICTION REMOVED ON LOTS, 14-20, COLONIAL HEIGHTS SUBDIVISION - (continued from Nov. 17, 1998 meeting) The Board reviewed a Memorandum of October 7, 1998: TO: The Board of County Commissioners FROM: , William G. Collins II - Deputy County Attorney DATE: October 7, 1998 SUBJECT. Request to Remove Development Restriction on Lots 1420, Colonial Heights Subdivision November 24, 1998 29 7ju BOOK Ir booK W-1 F-nE'x 12 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 approvals The property is currently zoned RM -6. The rationale for removing the development condition restricting Lots 14-20 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 14-20. (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 14-20 are opposed to any change in development conditions which would allow Lots 14-20 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 14-20 of Colonial Heights Subdivision to single-family use. WGC/nhm Attachments cc: Bruce Barkett, Esq. Louis B. Vocelle, Esq. November 24, 1998 Since this was a quasi-judicial matter albeit 17 years late, County Attorney Vitunac asked everyone who wished to testify to stand and be sworn as a group. County Attorney Vitunac explained that the matter was considered quasi-judicial because it has to do with a right to a plat and there is no real legislative judgment here, merely a finding as to whether they comply with our rules or not and if they did or do, they would get the plat. Vice Chairman Macht commented that it seemed to him to be more like a civil matter. County Attorney Vitunac proceeded to swear approximately eight individuals and advised them to state for the record they had been sworn when they testified. Deputy County Attorney William G. Collins II advised he had been sworn. He gave a comprehensive review of the prior history of the property, what had occurred at the last meeting, and how the matter had come to this point. He opined that the action taken17 years ago was inappropriate and recommended the Board pass a resolution renouncing that deed restriction/condition of development. He advised that last week the Board tabled the matter in order to review the minutes of the 1980-85 Board of County Commissioners' meetings. At last week's meeting he believed that the minutes may not have any relevance, but in reviewing them he found it interesting that at least 13 times during the discussions it was stated that all requirements for plat approval had been met. The minutes show that a motion to deny the preliminary plat had been made before any concession was made by the developer that he would restrict it. Once that concession was made, the plat was approved. Commissioner Ginn understood that deed restrictions usually run with the land, and asked how a deed restriction can be removed. Attorney Collins explained that deed restrictions are placed on the property by the owner and bind all subsequent owners. The only way a deed restriction can be lifted is by unanimous consent of every property owner affected by that deed restriction. In this case, there was a recorded certification of title by an attorney that everyone with an interest in the property had waived the deed restriction Attorney Collins had double checked the Property Appraiser's records and found that 100% of the owners had joined in and lifted the deed restriction. Vice Chairman Macht asked the scope of the Board's ability to act. November 24, 1998 31 SOF i� ���c� i�J BOOK 10.*F WE Attorney Collins explained that the Board of County Commissioners had made a condition of development. Staff did not want to process something in violation of the condition the Commission added at that time. It was his feeling that it was illegal and should be lifted. He believed the property owners would win in court if the matter went there. aside. County Attorney Vitunac added that it would also solve a title problem. Commissioner Stanbridge asked if any other conditions like this have ever been set Attorney Collins thought not. He explained that preliminary plats have many conditions imposed on them. In this case the ordinance said the zoning was multi -family, but the condition was added on that single family was the limitation, which was not pursuant to an adopted ordinance. We have many conditions now with respect to buffering that must be complied with and if the plat meets those requirements, the plat must be approved by law. We cannot add conditions that are not provided for by our existing ordinances. It seemed to Commissioner Stanbridge that the Commissioners in 1981 felt this would provide a buffer. Attorney Collins believed there were no buffering requirements, other than setbacks, in 1981; but in the last 18 months, the Board has passed ordinances requiring additional buffers between multi -family and single-family developments. Thus the developers will be required to meet the buffering requirements now. County Attorney Vitunac noted that there are some letters in opposition, which he believed the Board had not read. He explained that this was a quasi-judicial hearing and the applicant's attorney objected to the Commissioners reading the letters because the writers of the letters were not present to be sworn as to their testimony. Vice Chairman Macht thought the Commissioners knew of the opposition from the prior meeting. County Attorney Vitunac also noted that a letter giving case law from Buck Vocelle had been received. The case does not, however, support his position. Commissioner Stanbridge hoped the people living in Colonial Terrace understood that they will have a better buffer. Planning Director Stan Boling, who stated he had been sworn, believed that the people from Colonial Terrace were invited to the pre -application conference and the buffer issue was discussed there. He believed, therefore, that at least some of them were aware. Any site plan for multi -family development that comes in now will require buffering on the November 24, 1998 W 0 multi -family side of the property boundary. If single family is developed, no buffer will be required. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, attorney for the Heran family, advised that he was present should there be any questions he might answer. Frank Zorc, 2044 DeLeon Avenue, (CLERKS NOTE: Mr. Zorc was sworn)read from the following prepared remarks: Various comments on the Colonial Heights issue were made at your last meeting For the public record, my recollections & opinion find some correct, & some much In error. In 1981 in good faith, I purchased this land- which dearly was multiple zoned. The Colonial Heights plat met every single requirement and was recommended by staff. The commission then in power, wrongly delayed and withheld approval, due to political persuasion and pressure from some nearby property owners who were unhappy with the legitimate planned subdivision, and long existing multiple zone category. A few political friends were favored in exchange for stripping the civil rights of other citizens. Reference to a "fair deal" was mentioned at the last meeting. As I recall this most "un- fair" deal was like- a gun to my head. Compromise or not get approval. Mr. Vocelle, I offered nothing. I had no choice. You and I are far apart In the adaptation or understanding of the word. fair or justice. We had the use of about 25 more lots in the planned subdivision being held up for approval and Immediate use. Therefore, belng against the wall, I very reluctantly with exasperation agreed to what could be considered coercion and intimidation at the time. For over 10 years I wasted untold time and money trying to market these unusable lots. The damage and loss has not yet been calculated. You might ask why didn't I light the county then? Perhaps I did not have the courage or resources then to enter in a long legal battle to fight government, such as the 3 year ordeal I am yet In to prove most obvious Sunshine Law improprieties by the City. More than once, I tried to show the county that these lots could have been rightfully used as multiple with no harm to nearby developmenW4, was rejected. When government officials d e to give lip service to a particular citizen, and go behind the scenesJwWo 'stances tftt becomes the very Unfair - dead end for the citizen. L. Zoic November 24, 1998 33 P 4p a©K mE BOOK 107 PAGE 716 L.B. "Buck" Vocelle, attorney and resident of Colonial Terrace, who had just arrived, reviewed points of his yesterday's letter. (CLERK'S NOTE: The Clerk's Office was not provided with a copy of that letter.) He hoped that the Commissioners had an opportunity to ride through the two neighborhoods to view Colonial Terrace's residents' concerns. He emphasized that Mr. Zorc no longer owns the property and that the new owners purchased the property with full knowledge of the deed restriction. Many Colonial Terrace residents had relied upon the deed restrictions and would not have purchased had they not been in place. His believed that the residents of Colonial Terrace may have standing based on the theory of detrimental reliance by third party beneficiaries. Margaret Stewart, President of Colonial Terrace Homeowners, had driven through Colonial Heights and specified several unsightly details she had observed. She expressed concern that similar offensive conditions would occur in the future development. She also was concerned about additional septic tanks. She again voiced strong opposition to lifting the restrictions. Mike Hotchkiss, P.E., Utilities Department Environmental Engineer, advised that he had been sworn and proceeded to address the concerns about septic tanks. He stated that there is an existing 4" PVC force main located on 8' Street. When staff looked at this initially, they viewed it as an existing subdivision with existing infrastructure. He had been told that legal access was out at 6' Place and Old Dixie Highway. If you go that route, it would be about 4100 feet from an existing force main. They have legal access available at 10' Avenue which would be within 850 feet and would be within one-quarter mile. The County could force them to connect by putting in a lift station and force main extension up to 81' Street. Commissioner Ginn understood from this explanation that because it was within a quarter of a mile, they would have to connect to sanitary sewers. Mr. Hotchkiss agreed and stated that was based on the connection matrix in the Comprehensive Plan. Vice Chairman Macht asked if potable water is available to Colonial Heights' citizens, and Mr. Hotchkiss displayed on the ELMO the existing layout of the water distribution system and pointed out that all of the lots surrounding Colonial Heights have water available. Mr. Barkett wanted to correct a few misconceptions, under the RM -6 zoning 75 units are possible but not contemplated, only 24 units are contemplated. All the homes in Colonial Terrace that back up to Colonial Heights are on public water and on septic tanks. November 24, 1998 34 He felt it was disingenuous that the homeowners would complain about water and septic concerns. He pointed out that whether the new development is connected to sewers is a site plan issue. Ms. Stewart responded that the homeowners' concerns were that there would 24 units and not 7. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Vice Chairman Macht felt the Board had no other choice than to accept staff's recommendation. MOTION WAS MADE by Commissioner Macht, SECONDED BY Commissioner Adams, to approve staff's recommendation. Under discussion, Commissioner Adams felt there was no question that the Board had to rule in this way as the legally correct thing to do. Commissioner Ginn felt that buffering now required by ordinance will help protect the single-family homes and the Board will have the ability to act again when the site plan is presented to them. Commissioner Stanbridge stated that she had been convinced not only because of legality, but in 1981 no buffer requirements were in place. She suggested the citizens will have to trust the Board once again. Chairman Tippin called this a difficult decision. He knew Colonial Terrace well since he had done a lot of the original landscaping. He has no concern on the septic tank issue because on that sand ridge, the water goes down very fast. He added that there is no doubt the county needs rental housing. He related that when he was in Tallahassee last week, he drove by the duplex apartment where he and his wife lived 40 years ago. It was still standing and directly across the street the single-family residences still look nice. His point was that poor folks need to start somewhere; some of his old neighbors from there have become very successful law-abiding citizens. November 24, 1998 35 BOOK 107 FACE A 1_ BOOK 107 F,1GE d8 The Chairman CALLED THE QUESTION and the motion carried unanimously. (Resolution 98-132 adopted rescinding and annulling the condition that Lots 14 through 20 of COLONIAL HEIGHTS SUBDIVISION be restricted to one single-family unit per lot.) 1 QWME50)LEGAL(W GC/nhm RESOLUTION NO. 98- 13 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RESCINDING AND ANNULLING THE CONDITION THAT LOTS 14 THROUGH 20 OF COLONIAL HEIGHTS SUBDIVISION BE RESTRICTED TO ONE SINGLE-FAMILY UNIT PER LOT. WHEREAS, the Board of County Commissioners of Indian River County, approved the plat of Colonial Heights Subdivision, recorded at Plat Book 10, Page 97, Public Records of Indian River County, imposing a condition that Lots 14 through 20 be restricted to one single-family unit per lot; and WHEREAS, the zoning on the subject property at the time of plat approval and today permits multi -family units on said lots; and WHEREAS, the Board finds there is no public purpose being served by the foregoing restriction; and WHEREAS, the owners of each lot within Colonial Heights Subdivision have agreed in documents recorded in the public records of Indian River County that the restriction should be terminated, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the foregoing condition on the plat of Colonial Heights Subdivision, recorded at Plat Book 10, Page 97, Public Records of Indian River County, is hereby rescinded and annulled, and of no further force and effect. The foregoing resolution was offered by Commissioner M a c h t and seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: John W. Tippin, Chairman AV_ Kenneth R. Macht, Vice Chairman y e Caroline D. Ginn Fran B. Adams A v e Ruth Stanbridge Aye November 24, 1998 go 0 • The Chairman thereupon declared the resolution duly passed and adopted this 2 day of N n v e m h e r , 1998. ATTEST: Jeffre K Barton, CI p J BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: r John W. Tippin, Ofia&an APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY • U.B. VICE CHAIRMAN MACHT - COMMENT ON Y2K (YEAR 2000 COMPUTER COMPLIANCE) Vice Chairman Macht wanted to see a signed letter from our banking institution that they are prepared to deal with the Y2K phenomenon and that the County is protected against any kind of a breakdown that results from it. Administrator Chandler stated that he can bring back something. Aside from looking at our own mainframe and Finance in terms of Y2K, he assured that contact has been made and they continue to make contact with those the County is doing business with to assure, as best we can, that we do not have a problem. Budget Director Joseph A. Baird advised that a letter had been received from our bank concerning Y2K, which is all we can go on; he will send a copy to Vice Chairman Macht. Vice Chairman Macht asked Director Baird if he was satisfied in all the County's financial dealings that there is nothing where a breakdown in their system would adversely affect the County. Director Baird responded that this would be difficult because, over the years, we have done several bond issues, which we have paid off. We have paying agents in many institutions which have a legal obligation to be Y2K compliant, and we can only assume they are. He can attempt to write all the companies. Commissioner Adams quipped that by the time we get an answer from all of them, it would be the Year 2000. NO ACTION TAKEN. November 24, 1998 37 600K 107FACE '119. r BOOK 107 FACE " 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the meeting the Board would reconvene sitting as the Board of Commissioners for the Solid Waste Disposal District. Those Minutes are being prepared separately. The Commissioners wished everyone a Happy Thanksgiving. DOCUMENTS MADE PART OF THE RECORD DEVELOPER'S AGREEMENT TO CONNECT WATER AND SEWER WHEN IT BECOMES AVAILABLE - THOMAS B. AND VALERIE L. PENDLETON This recorded document (OR 1243 Page 2805) of November 10, 1998 has been filed in the Office of the Clerk to the Board under date of this meeting. Subject property is located at: 11187/11189 Airport Drive, Sebastian, Florida 32958 (a portion of Lot 4 and Lot 5, Block 2, ROSELAND GARDENS SUBDIVISION) . There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 9:56 a.m. ATTEST: Je ey K. Barton, Clerk Minutes approveQee,-,& S,/2i� November 24, 1998 38 WYA) J W. Tippin, Chairman