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HomeMy WebLinkAbout3/2/19990 MINUTES ATTACHED • BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY. FLORIDA A G E N D A TUESDAY, MARCH 2,1999 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman (District 3) Fran B. Adams, Vice Chairman (District 1) Caroline D. Ginn, (District 5) Ruth Stanbridge (District 2 John W. Tippin, (District 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 am. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION Rev. Jack Dart, New Hope Ministries 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS I. Add Item B.A., Report on NACO Conference in Washington, D.C. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF M]NUTES Regular Meeting of February 9, 1999 7. CONSENT AGENDA A. Approval of Wan -ants (memorandum dated February 18, 1999) 1-9 B. Request for Floodplain Cut and Fill Balance Waiver for Lot 8, Block 11, Vero Lake Estates, Unit 2 (memorandum dated February 18, 1999) 10-12 C. Miscellaneous Budget Amendment #9 (memorandum dated February 24, 1999) 13-15 D. RFP for Drug/Alcohol Testing Services (memorandum dated February 23, 1999) 16-29 E. COPS MORE `98 Grant Acceptance (letter dated February 24, 1999) 30-32 BOOK A8 FGF 449 BOOK 108 FAE 450 BACKUP 8. CONSTITUTIONAL OFFICERS and PAGES GOVERNMENTAL AGENCIES Judge Paul B. Kanarek: Re: Payments to Vendors for Court Related Costs (no backup provided) 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CH, RS -6, RM -6 AND A-1 TO PD COMMERCIAL / RESIDENTIAL FOR APPROXIMATELY 316.02 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH OF CR 510 AND BETWEEN 58TH AVENUE AND THE FEC FAILROAD; AND DESCRIBED HERE- IN, AND PROVIDING FOR AN EFFECTIVE DATE (Legislative) (memorandum dated February 24, 1999) 33-53 B. PUBLIC DISCUSSION ITEMS Agreement for the Development of a Habitat Conservation Plan for Sea Turtles (memorandum dated February 24, 1999) 54-81 C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community 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. Professional Services Agreement - Marine Turtle Monitor Consultant for PEP Reef (memorandum dated February 22, 1999) 82-91 2. Amendment No. 1 to Professional Services Agreement with Applied Technology and Managemenf for Winter Recreational Beach User Survey (memorandum dated February 22, 1999) 92-97 BACKUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES G. Public Works (cont'd.): 3. Change Order #2 for Intersection Improvements to Oslo Road & 27`' Ave. and 5 Lane Widen- ing of Oslo Rd. (memorandum dated February 16, 1999) 98-100 4. Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing Date for: 18" Ave. Between 1 g Place and 2"d Street (memorandum dated February 18, 1999) 101-111 5. Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing Date for: 1" Street Between 16" Ave. and 18'h Ave. (memorandum dated February 18, 1999) 112-122- H. Utilities None I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Kenneth IL Macht B. Vice Chairman Fran B. Adams C. Commissioner Caroline D. Ginn D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BOOK MJ PAGE " BOOK 108 FA6E 452 BACKUP 14. SPECIAL DISTRICTSBOARDS PAGES A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - meeting of 2/16/99 2. Class I Infill Construction - Payment Request #12, Final Payment, Contract Modification Number 2 (memorandum dated February 18, 1999) 123-163 3. Continuing Engineering & Financial Services RFP #9026 (memorandum dated February 22, 1999) 164-165 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 INDEX TO MEWTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS MARCH 2,1999 1. CALL TO ORDER ............................................... 1- 2. INVOCATION ................................................. .1- 3. PLEDGE OF ALLEGIANCE ...................................... .1- 4. ADDITIONS TO THE AGENDA ................................... 1- 6. APPROVAL OF MINUTES ........................................ 2- 7. CONSENT AGENDA ........................................... .2- 7.A. List of Warrants ............................................ 2- 7.B. Floodplain Cut and Fill Balance Waiver - Lot 8, Block 11, Vero Lake Estates, Unit 2 - East Side Builders, Inc . ......................... 8- 7. C. Miscellaneous Budget Amendment #9 .......................... .9- 7.D. Drug/Alcohol Testing Services - Request for Proposals ............ .12- 7.E. Sheriff -COPS MORE 1998 Grant Acceptance - U. S. Department of Justice................................................. .13- 8. PAYMENTS TO VENDORS FOR COURT -RELATED CASES - JUDGE PAUL B.KANAREK................................................ .14- 9.A.1. PUBLIC HEARING - ORDINANCE 99-004 - AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CH, RS -6, RM -6 AND A-1 TO PD COMMERCIADRESIDENTIAL FOR APPROXIMATELY 316.02 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH OF CR -510 AND BETWEEN 58TH AVENUE AND THE FEC RAILROAD (WINDSOR PROPERTIES - RED STICK GOLF COURSE) .. -15- MARCH 2, 1999 -1- BOOK 10a FADE 453 I • BOOK 108 PAGE 454 9.B.1. PUBLIC DISCUSSION ITEM - (SEA TURTLE SURVIVAL LEAGUE VS. INDIAN RIVER COUNTY) - AGREEMENT FOR DEVELOPMENT OF HABITAT CONSERVATION PLAN FOR SEA TURTLES - KING /PARVUS /MCCOY /SIMPSON /STRAND /TRIMARCHE (SUMNIERPLACE SEAWALL OWNERS) (GERSTNER) - CARIBBEAN CONSERVATION CORP. - DEPARTMENT OF ENVIRONMENTAL PROTECTION .............. .30- 11.G.1. MARINE TURTLE MONITOR CONSULTANT FOR PEP REEF - AGREEMENT WITH CHRISTINE PERRETTA (FORMER AGREEMENT WITH AQUATIC RESEARCH [FLETEMEYER]) .................... .39- 11. G.2. WINTER RECREATIONAL BEACH USER SURVEY - APPLIED TECHNOLOGY AND MANAGEMENT - AMENDMENT NO. 1 ........ .40- 11.G.3. OSLO ROAD AND 27TH AVENUE - INTERSECTION IMPROVEMENTS AND 5 -LANE WIDENING - CHANGE ORDER #2 - DICKERSON FLORIDA ............................................................ .41- 11.G.4. RESOLUTIONS 99-018 AND 99-019 - PAVING AND DRAINAGE IMPROVEMENTS TO 18TH AVENUE BETWEEN 1ST PLACE AND 2ND STREET (PROVIDING AND TIME & PLACE RESOLUTIONS) ........ .42- 11.G.5. RESOLUTIONS 99-020 AND 99-021- PAVING AND DRAINAGE IMPROVEMENTS TO 1ST STREET BETWEEN 16TH AVENUE AND 181H AVENUE (MORELAND SUBDIVISION) (PROVIDING AND TIME & PLACE RESOLUTIONS) ............................... ..............51- 13.A. CHAIRMAN KENNETH R MRCHT - REPORT ON NACO CONFERENCE IN WASHINGTON, D.C. ON Y2K PROBLEMS ........................ .60- 14.B. SOLID WASTE DISPOSAL DISTRICT ............................ .60 - MARCH 2, 1999 -2- 0 March 2, 1999 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, March 2, 1999, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; John W. Tippin; Caroline D. Ginn; and Ruth Stanbridge. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PT' Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Macht called the meeting to order. 2. 11WOCATION Commissioner Tippin delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Adams led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Macht requested the addition of Item 13.A., Report on NACO Conference in Washington, D.C. on Y2K problems. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously added the above item to the Agenda. MARCH 2, 1999 -1- BOOK 10J PAGE 455 BOOK [AUGr 43 6. APPROVAL OF MEWIES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 9, 1999. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Gum, the Board unanimously approved the Minutes of the Regular Meeting of February 9, 1999, as written. 7. CONSENT AGENDA 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of February 18, 1999: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: FEBRUARY 18, 1999 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 February 11 to February 18, 1999. MARCH 29 1999 0 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 February 11, 1999 through February 18, 1999, as recommended by staff. CHECK NAME NUMBER 0019809 FLORIDA RETIREMENT SYSTEM 0019825 IRC EMPLOYEE HEALTH INSURANCE - 0019826 TRANS GENERAL LIFE INSURANCE 0019827 BLUE CROSS/BLUE SHIELD OF 0019828 O'NEIL, LEE & WEST 0019829 UNIPSYCH BENEFITS OF FL,INC 0019830 IRC EMPLOYEE HEALTH INSURANCE - 0019831 TRANS -GENERAL LIFE INSURANCE 0019832 AMERICAN DENTAL PLAN (FLORIDA) 0019833 SANDRIDGE GOLF COURSE 0019834 FLORIDA RETIREMENT SYSTEM 0019835 SANDRIDGE GOLF COURSE 0019836 KRUCZKIEWICZ, LORIANE 0019837 BREVARD COUNTY CLERK OF THE 0019838 ORANGE COUNTY CLERK OF THE 0019839 ST LUCIE COUNTY CLERK OF THE 0019840 RICELAND COUNTY CLERK OF THE 0019841 VELASQUEZ, MERIDA 0019842 INDIAN RIVER COUNTY CLERK OF 0019843 INDIAN RIVER COUNTY BOARD OF 0019844 INTERNAL REVENUE SERVICE 0019845 VERO BEACH FIREFIGHTERS ASSOC. 0019846 INDIAN RIVER FEDERAL CREDIT 0019847 COLONIAL LIFE & ACCIDENT 0019848 NACO/SOUTHEAST 0019849 SALEM TRUST COMPANY 0019850 OKEECHOBEE CO., PMTS DOMES REL 0019851 WISCONSIN SUPPORT COLLECTIONS 0251162 PARKER, RALPH 0255765 RELIABLE WELL DRILLING 0256007 MACMILLAN OIL COMPANY 0256067 SHERATON SUITES TAMPA AIRPORT 0256654 BELLSOUTH 0256976 BEIDLER, HENRY 0257362 ALBERTSONS SOUTHCO #4357 0257363 AMERICAN PLANNING ASSOCIATION 0257364 APPLE INDUSTRIAL SUPPLY CO 0257365 ARMFIELD-WAGNER APPRAISAL 0257366 AUTO SUPPLY CO OF VERO BEACH, 0257367 ABS PUMPS, INC 0257368 ALPHA HEALTH SERVICE, INC 0257369 ALL FLORIDA COFFEE & BOTTLED 0257370 A T & T WIRELESS SERVICES 0257371 A T & T 0257372 AGENCY FOR HEALTH CARE 0257373 AMERICAN LIBRARY ASSOC 0257374 ATLANTIC COASTAL TITLE CORP 0257375 ALBERTSON'S 0257376 AUTO PARTS OF VERO, INC 0257377 ARAMARK UNIFORM SERVICES 0257378 APPERSON CHEMICALS,INC MARCH 2, 1999 CHECK DATE 1999-02-03 1999-02-11 1999-02-11 1999-02-11 1999-02-11 1999-02-11 1999-02-11 1999-02-11 1999-02-15 1999-02-16 1999-02-16 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1999-02-17 1998-10-23 1999-01-14 1999-01-21 1999-01-21 1999-02-04 1999-02-11 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 1999-02-18 -3- CHECK AMOUNT .00 6,512.50 3,766.70 1,868.10 1,460.55 351.00 4,993.35 102.30 1,670.42 1,000.00 352,846.05 725.00 138.50 422.04 135.20 724.98 150.00 200.00 5,616.23 144.94 300.00 1,992.00 83,030.71 257.69 5,364.93 596.21 167.25 23.08 .00 .00 .00 .00 .00 .00 62.97 447.00 213.15 1,500.00 514.98 1,672.31 2,059.23 59.90 40.69 193.80 24,737.98 35.80 237.00 169.71 629.60 116.25 3,227.52 VOID VOID VOID VOID VOID VOID VOID • BOOK 103 PAGE 457 r 0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0257379 ABCO GARAGE DOOR CO 1999-02-18 72.50 0257380 A T & T 1999-02-18 11.13 0257381 AMERITREND HOMES 1999-02-18 1,500.00 0257382 BAKER DISTRIBUTING CO 1999-02-18 18.04 0257383 BOARD OF COUNTY COMMISSIONERS 1999-02-18 2,367.65 0257384 BENSONS LOCK SERVICE 1999-02-18 3.00 0257385 BROOKS, RONALD R 1999-02-18 89.72 0257386 BARTON, JEFFREY K -CLERK 1999-02-18 4,805.00 0257387 BERGGREN EQUIPMENT CO, INC 1999-02-18 1,386.31 0257388 BAKER & TAYLOR INC 1999-02-18 4,233.31 0257389 BRODART CO 1999-02-18 2,142.98 0257390 BOYNTON PUMP & IRRIGATION 1999-02-18 20.91 0257391 BAKER & TAYLOR ENTERTAINMENT 1999-02-18 120.69 0257392 BELLSOUTH 1999-02-18 1,520.18 0257393 BAUER, JANICE 1999-02-18 63.00 0257394 BMG 1999-02-18 94.51 0257395 BEAM, BETTY 1999-02-18 104.28 0257396 BLACKBURN, COLE 1999-02-18 16.73 0257397 BOYES & FARINA P A 1999-02-18 2,049.30 0257398 BURBINE, NORMAN 1999-02-18 500.00 0257399 R R BOWKER 1999-02-18 69.75 0257400 BELLSOUTH 1999-02-18 1,842.85 0257401 CARTER ASSOCIATES, INC 1999-02-18 2,195.10 0257402 CHANDLER EQUIPMENT CO, INC 1999-02-18 633.40 0257403 CLEMENTS PEST CONTROL 1999-02-18 516.00 0257404 CLIMATIC CORPORATION 1999-02-18 108.00 0257405 COLD AIR DISTRIBUTORS 1999-02-18 594.99 0257406 COMMUNICATIONS INT'L INC 1999-02-18 95.00 0257407 CORBIN, SHIRLEY E 1999-02-18 94.50 0257408 COASTAL REFINING & MARKETING 1999-02-18 4,951.01 0257409 CITGO PETROLEUM CORP 1999-02-18 1,688.95 0257410 CAPP CUSTOM BUILDERS, INC 1999-02-18 500.00 0257411 CLIFF BERRY ENVIRONMENTAL 1999-02-18 260.00 0257412 CRITIC'S CHOICE VIDEO 1999-02-18 1,924.80 0257413 CLIFFORD, MIKE 1999-02-18 100.00 0257414 CORPORATION OF THE PRESIDENT 1999-02-18 55.25 0257415 CAMPBELL, STEPHANIE 1999-02-18 87.55 0257416 CRAWFORD, SANDY 1999-02-18 7.00 0257417 CENTER FOR EMOTIONAL AND 1999-02-18 371.00 0257418 COLUMBIA HOUSE 1999-02-18 69.50 0257419 CONSOLIDATED RESOURCE RECOVERY 1999-02-18 31,633.46 0257420 CULTURAL COUNCIL OF INDIAN 1999-02-18 3,605.01 0257421 CONRADO, STEFANIE 1999-02-18 59.22 0257422 CENTRAL AIR CONDITIONING & 1999-02-18 26.47 0257423 DAILY COURIER SERVICE 1999-02-18 204.00 0257424 DAVES SPORTING GOODS 1999-02-18 1,044.36 0257425 DAVIS, JAMES 1999-02-18 73.25 0257426 DELTA SUPPLY CO 1999-02-18 13.16 0257427 DICKERSON-FLORIDA, INC 1999-02-18 10,117.18 0257428 DICKEY SCALES, INC 1999-02-18 400.00 0257429 DEAF SERVICE CENTER OF THE 1999-02-18 625.00 0257430 DAY -TIMERS, INC 1999-02-18 29.74 0257431 DELRAY STAKES & SHAVINGS INC 1999-02-18 180.00 0257432 FEDEB 1999-02-18 17.50 0257433 DATABASE TECHNOLOGIES INC 1999-02-18 32.10 0257434 DILLARD, LASSIE 1999-02-18 29.61 0257435 DOCUMED SYSTEMS INTERNATIONAL 1999-02-18 4,950.00 0257436 DISASTER ANIMAL RESPONSE TEAM 1999-02-18 130.00 0257437 E G P, INC 1999-02-18 337.00 0257438 ESQUIRE REPORTING INC 1999-02-18 25.00 0257439 EBSCO SUBSCRIPTION SERVICES 1999-02-18 5.00 0257440 ELPE%, INC 1999-02-18 1,229.33 0257441 ECONOMIC OPPORTUNITIES COUNCIL 1999-02-18 3,040.00 0257442 FEDE% 1999-02-18 108.75 0257443 FLORIDA BAR, THE 1999-02-18 32.00 0257444 FLORIDA COOPERATIVE E%TENSION 1999-02-18 2,889.25 0257445 FLORIDA COUNCIL ON CRIME 1999-02-18 20.00 0257446 FLORIDA ALCOHOL AND DRUG 1999-02-18 40.00 0257447 FLORIDA POWER & LIGHT COMPANY 1999-02-18 15,297.93 0257448 FLORIDA DEPT OF LABOR/EMPLOYMT 1999-02-18 616.11 0257449 FLOWERS BAKING COMPANY OF 1999-02-18 22.34 0257450 FLINN, SHEILA I 1999-02-18 63.00 0257451 FELLSMERE, CITY OF 1999-02-18 76-39 0257452 FENIMORE, CHARLES 1999-02-18 180.00 0257453 FELLSMERE POLICE DEPARTMENT 1999-02-18 25.00 0257454=_ FACTS ON FILE NEWS SERVICES -_ 1999-02-18 254.25 0257455 FLUID FILTRATION SYSTEMS, INC 1999-02-18 350.00 0257456 FLORIDA COUNTIES FOUNDATION 1999-02-18 90.00 0257457 GAYLORD BROTHERS, INC 1999-02-18 1,705.60 0257458 GENERAL GMC, TRUCK 1999-02-18 141.47 0257459 GRAYBAR ELECTRIC CO INC 1999-02-18 2,467.73 0257460 GARCIA, ART 1999-02-18 756.85 0257461 G P N 1999-02-18 478.80 MARCH 29 1999 Bou 106 FAuE 458 0 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0257462 GOLD STAR OF THE TREASURE 1999-02-18 2,340.00 0257463 GIFFORD YOUTH ACTIVITIES CENTE 1999-02-18 8,739.77 0257464 GOLLNICK, PEGGY 1999-02-18 882.00 0257465 GATEWAY FILMS/VISION VIDEO 1999-02-18 279.85 0257466 HARBOR BRANCH OCEANOGRAPH, INC 1999-02-18 1,109.50 0257467 HIGHSMITH, INC 1999-02-18 209.95 0257468 HONEYWELL, INC. 1999-02-18 121.72 0257469 HUMANE SOCIETY OF VERO BEACH 1999-02-18 13,400.00 0257470 HOLIDAY BUILDERS, INC 1999-02-18 1,000.00 0257471 HARPRING, JAMES G 1999-02-18 595.00 0257472 HELD, PATRICIA BARGO 1999-02-18 182.00 0257473 HIBISCUS CHILDREN'S CENTER 1999-02-18 4,335.55 0257474 HIGHBRIDGE CO 1999-02-18 79.20 0257475 HACH COMPANY 1999-02-18 19.50 0257476 HARRIS SANITATION, INC 1999-02-18 48,223.40 0257477 HORIZON NURSERY 1999-02-18 405.25 0257478 HIGHLANDS ANIMAL HOSPITAL 1999-02-18 101.00 0257479 HARTSFIELD, CELESTE L 1999-02-18 220.50 0257480 HOTCHKISS, MICHAEL 1999-02-18 74.15 0257481 HASENAUER, KRIS 1999-02-18 13.50 0257482 HOLMES, IDA 1999-02-18 1.17 0257483 HALL, CLAIRE 1999-02-18 500.00 0257484 HEALTH CARE RECOVERIES INC 1999-02-18 594.94 0257485 INDIAN RIVER COUNTY SOLID 1999-02-18 884.76 0257486 INSTRUMENTATION SERVICES, INC 1999-02-18 1,186.20 0257487 INDIAN RIVER ACE HARDWARE 1999-02-18 19.84 0257488 INDIAN RIVER BATTERY, INC 1999-02-18 1,644.48 0257489 INDIAN RIVER BLUE PRINT, INC 1999-02-18 816.15 0257490 INDIAN RIVER COUNTY UTILITY 1999-02-18 365.87 0257491 INGRAM LIBRARY SERVICES 1999-02-18 96.77 0257492 IBM CORPORATION 1999-02-18 46.00 0257493 INDIAN RIVER CLUB 1999-02-18 23,106.62 0257494 INTERNATIONAL GOLF MANAGEMENT 1999-02-18 72,125.00 0257495 INDIAN RIVER COUNTY SHERIFF'S 1999-02-18 125.00 0257496 ISRAEL, SALOMON DDS 1999-02-18 1,822.00 0257497 INTERNATIONAL PIPING SERVICES 1999-02-18 2,000.00 0257498 INDIAN RIVER COUNTY 1999-02-18 890.00 0257499 JANIE DEAN CHEVROLET, INC 1999-02-18 619.25 0257500 JERRY RIPPLE STUCCO, INC 1999-02-18 1,870.00 0257501 JIMMY'S WELDING & AUTO REPAIR 1999-02-18 175.00 0257502 JOHNSON,CAROLYNETTE 1999-02-18 41.20 0257503 JONES CHEMICALS, INC 1999-02-18 2,668.41 0257504 KEATING, ROBERT M 1999-02-18 96.90 0257505 KNIGHT & MATHIS, INC 1999-02-18 13.70 0257506 KEY, PATRICIA W 1999-02-18 203.00 0257507 KIRBY AUTO SUPPLY FT PIERCE 1999-02-18 2,118.16 0257508 KLINK, RICHARD 1999-02-18 1,078.00 0257509 KELL TELEPHONE 1999-02-18 470.00 0257510 KIRBY AUTO SUPPLY FT PIERCE 1999-02-18 30.84 0257511 KEENEY, JESSICA 1999-02-18 72.10 0257512 KIDS OF THE TREASURE COAST 1999-02-18 25.00 0257513 LAB SAFETY SUPPLY, INC 1999-02-18 229,49 0257514 LOWE'S HOME CENTERS, INC 1999-02-18 2,468.45 0257515 LEWIS, RUTH A 1999-02-18 32,37 0257516 L B SMITH, INC 1999-02-18 93,32 0257517 LFI VERO BEACH, INC 1999-02-18 3,676.00 0257518 LAPORTE, BOB 1999-02-18 500.00 0257519 LEO A LENNON & ASSOCIATES 1999-02-18 720.00 0257520 LETTS, DAVID 1999-02-18 497.00 0257521 LOGISTIC SYSTEMS, INC 1999-02-18 2,362.98 0257522 LANDSCAPE CONNECTION 1999-02-18 95.00 0257523 LARGE PRINT LIBRARY DISCOUNTER 1999-02-18 57.50 0257524 LUNA, JORGE 1999-02-18 103.00 0257525 LITTLE, JULIUS J 1999-02-18 85.50 0257526 MARPAN SUPPLY CO, INC 1999-02-18 432.20 0257527 MAXWELL PLUMBING, INC 1999-02-18 134.66 0257528 MID COAST TIRE SERVICE, INC 1999-02-18 419.55 0257529 MIDAS MUFFLER & BRAKE SHOP 1999-02-18 452.95 0257530 MORA, RALPH PHD 1999-02-18 500.00 0257531 MCMASTER-CARR SUPPLY COMPANY 1999-02-18 26.96 0257532 MORNINGSTAR, INC 1999-02-18 1,161.50 0257533 MEREDITH CORP, BOOK GROUP 1999-02-18 17.48 0257534 MARTIN COUNTY PETROLEUM 1999-02-18 297.15 0257535 MR BOB PORTABLE TOILET 1999-02-18 76.12 0257536 MELCHIORI, NICK 1999-02-18 172.00 0257537 MGB CONSTRUCTION INC 1999-02-18 500.00 0257538 MOSS, ROGER 1999-02-18 128.75 0257539 MOSS, MARY 1999-02-18 101.71 0257540 MCCLAIN E -Z PACK, INC 1999-02-18 42,455.20 0257541 MCCLOUD, TONY 1999-02-18 55.00 0257542 MAXWELL, DANIEL 1999-02-18 100.42 0257543 MIKE'S LIBRARY 1999-02-18 39.90 MARCH Z, 1999 -5- BOOK D6 PAGE 5 9 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0257544 MCKESSON GENERAL MEDICAL CORP 1999-02-18 150.37 0257545 MID -FLORIDA FORKLIFT, INC 1999-02-18 494.89 0257546 NATIONWIDE ADVERTISING 1999-02-18 476.85 0257547 NEFF MACHINERY, INC 1999-02-18 890.46 0257548 NAN MCKAY & ASSOCIATES, INC 1999-02-18 55.00 0257549 NEW HORIZONS OF THE TREASURE 1999-02-18 6,059.41 0257550 NATIONAL FIRE PROTECTION 1999-02-18 74.25 0257551 NEELY, EMILY 1999-02-18 33.47 0257552 NEWBURGH COURT, TOWN OF 1999-02-18 5.00 0257553 OFFICE PRODUCTS & SERVICE 1999-02-18 1,912.39 0257554 OMNIGRAPHICS, INC 1999-02-18 421.00 0257555 OXFORD UNIVERSITY PRESS 1999-02-18 160.72 0257556 OFFICE DEPOT, INC 1999-02-18 5,246.93 0257557 OSCEOLA PHARMACY 1999-02-18 60.00 0257558 PAN AMERICAN ENG CO 1999-02-18 400.00 0257559 PEACE RIVER ELECTRIC 1999-02-18 25.22 0257560 PETTY CASH 1999-02-18 100.00 0257561 PHILLIPS, LINDA R 1999-02-18 441.00 0257562 PUBLIC DEFENDER 1999-02-18 3,930.66 0257563 PROCTOR CONSTRUCTION 1999-02-18 1,000.00 0257564 P B S VIDEO 1999-02-18 316.40 0257565 PRESS JOURNAL 1999-02-18 48.00 0257566 POSTMASTER 1999-02-18 132.00 0257567 PAGE, LIVINGSTON 1999-02-18 357.00 0257568 PERKINS MEDICAL SUPPLY 1999-02-18 508.05 0257569 PANGBURN, TERRI 1999-02-18 24.00 0257570 PRESS JOURNAL/STUART NEWS 1999-02-18 1,425.84 0257571 PRAXAIR DISTRIBUTION 1999-02-18 123.57 0257572 PROFESSIONAL CASE MANAGEMENT 1999-02-18 43.75 0257573 PROMEDIX CORP 1999-02-18 224.00 0257574 PARKER, DEBBIE 1999-02-18 128.75 0257575 RADIO SHACK ACCT RECEIVABLE 1999-02-18 419.06 0257576 RUSSELL CONCRETE, INC 1999-02-18 734.97 0257577 ROBINSON EQUIPMENT COMPANY,INC 1999-02-18 224.10 0257578 RICHMOND HYDRAULICS INC 1999-02-18 508.77 0257579 RAND MCNALLY & COMPANY 1999-02-18 49.90 0257580 RUBBER STAMP EXPRESS & MORE 1999-02-18 112.81 0257581 ROSICH, JAMES 1999-02-18 12.00 0257582 RSR 1999-02-18 12,419.22 0257583 ROTECH OXYGEN AND MEDICAL 1999-02-18 7.00 0257584 ROOT, DAVID L JR 1999-02-18 46.35 0257585 SCOTTY'S, INC 1999-02-18 329.69 0257586 SEBASTIAN BUSINESS SUPPLY, INC 1999-02-18 141.95 0257587 SIR SPEEDY 1999-02-18 190.30 0257588 SOUTHERN CULVERT, DIV OF 1999-02-18 391.32 0257589 STATE ATTORNEY 19TH CIRCUIT 1999-02-18 33.00 0257590 SUN COAST WELDING SUPPLIES INC 1999-02-18 210.20 0257591 SUNRISE FORD TRACTOR CO 1999-02-18 430.29 0257592 ST LUCIE PAPER & PACKAGING,INC 1999-02-18 1,209.35 0257593 SIMON & SCHUSTER 1999-02-18 1,342.11 0257594 SAFESPACE 1999-02-18 1,250.00 0257595 SCHOOL DISTRICT OF IRC 1999-02-18 1,178.75 0257596 SUBSTANCE ABUSE COUNCIL 1999-02-18 7,995.80 0257597 SIMMONS, ANTHONY 1999-02-18 87.00 0257598 SUPERIOR PRINTING 1999-02-18 115.00 0257599 SUPERIOR PRODUCTS MFG COMPANY 1999-02-18 118.88 0257600 STEWART MINING INDUSTRIES INC 1999-02-18 22,339.82 0257601 ST JOHNS RIVER WATER MGMT DIST 1999-02-18 350.00 0257602 SKALA, ERIC 1999-02-18 51.50 0257603 SMITH, HENRY 1999-02-18 40.00 0257604 STAGE & SCREEN 1999-02-18 48.69 0257605 SOUTHERN COMPUTER SUPPLIES INC 1999-02-18 1,507.00 0257606 SHIELDS, VANESSA 1999-02-18 36.05 0257607 SCHWEY, PAUL MATTHEW 1999-02-18 27.00 0257608 SAFETY ZONE SPECIALISTS INC 1999-02-18 423.00 0257609 SMITH, ADELBERT L 1999-02-18 518.53 0257610 STEWART, SARAH LYNN 1999-02-18 38.62 0257611 SAWYER, RUTH 1999-02-18 30.00 0257612 TREASURE COAST REFUSE CORP 1999-02-18 33,361.02 0257613 TREASURE COAST TRAVEL AGENCY, 1999-02-18 232.00 0257614 TRANS PARTS CENTER OF SOUTH 1999-02-18 23.96 0257615 TRUGREEN CHEMLAWN 1999-02-18 48.00 0257616 TREASURE COAST BUILDERS INC 1999-02-18 500.00 0257617 TRANSIT AIR CONDITIONING 1999-02-18 41.82 0257618 THERMOGAS COMPANY 1999-02-18 162.52- 0257619 TREASURE COAST OPTICIANS 1999-02-18 65.50 0257620 TECKENBROCK, CHERI 1999-02-18 25.00==- 0257621 US FILTER DISTRIBUTION GROUP -1999-02-18 5,342.84 0257622 VELDE FORD, INC 1999-02-18 724.14 0257623 VERO BEACH, CITY OF 1999-02-18 3,622.23 0257624 VERO CHEMICAL DISTRIBUTORS,INC 1999-02-18 157.07 0257625 VERO LAWNMOWER CENTER, INC 1999-02-18 3,832.75 0257626 VERO BEACH, CITY OF 1999-02-18 125.98 0257627 VERO FURNITURE MART, INC 1999-02-18 1,650.00 0257628 VERO BEACH POLICE DEPARTMENT 1999-02-18 50.00 MARCH 2, 1999 0 IM I BOOK 103 PAUGE0 0 i • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0257629 VERO TYPEWRITER COMPANY 1999-02-18 76.00 0257630 VOLUNTEER ACTION CENTER 1999-02-18 25.00 0257631 VERO HERITAGE, INC 1999-02-18 636.70 0257632 VOORHEES, DONALD 1999-02-18 500.00 0257633 VICKERS, REGINALD 1999-02-18 180.00 0257634 VAN'S RADIATOR SALES & SERVICE 1999-02-18 999.00 0257635 WAL-MART STORES, INC 1999-02-18 507.43 0257636 WALL STREET JOURNAL 1999-02-18 175.00 0257637 WALSH, LYNN 1999-02-18 32.48 0257638 WILSON'S PETROLEUM EQUIPMENT, 1999-02-18 7.88 0257639 WOLSTENHOLME, SHIRLEY 1999-02-18 19.43 0257640 WAL-MART PHARMACY, INC 1999-02-18 9.97 0257641 WILLHOFF, PATSY 1999-02-18 130.00 0257642 WINN DIXIE STORE 1999-02-18 2.99 0257643 WHEELER PUBLISHING, INC 1999-02-18 138.49 0257644 WATERWORKS CAR WASH 1999-02-18 103.00 0257645 WALKER, KEITH 1999-02-18 45.00 0257646 WORLDCOM 1999-02-18 71.92 0257647 WEST GROUP PAYMENT CTR 1999-02-18 35.00 0257648 WOLFE, ERIN 1999-02-18 16.73 0257649 WILKERSON, KENISHA 1999-02-18 69.52 0257650 WALGREEN'S PHARMACY 1999-02-18 40.99 0257651 XEROX CORPORATION 1999-02-18 1,445.50 0257652 HALE INDIAN RIVER GROVES INC 1999-02-18 489.09 0257653 HILLER, RALPH & SUSAN 1999-02-18 52.51 0257654 DAVIS, SIMEL 1999-02-18 98.31 0257655 FOGLRSONG, THOMAS N 1999-02-18 22.73 0257656 CAL BUILDERS INC 1999-02-18 47.28 0257657 GRAND HARBOR 1999-02-18 80.62 0257658 MAZZEO, PETER 1999-02-18 37.11 0257659 R ZORC & SONS BUILDERS INC 1999-02-18 58.73 0257660 CROOK CONSTRUCTION CO 1999-02-18 48.89 0257661 ESKRA, MICHAEL J 1999-02-18 47.74 0257662 BROOKS, HAROLD L 1999-02-18 30.20 0257663 PROCTOR CONSTRUCTION CO INC 1999-02-18 681.65 0257664 HELMS, CHARLEEN AUSBY 1999-02-18 14.92 0257665 THIELE, MARTIN E 1999-02-18 58.15 0257666 RENO, THOMAS M 1999-02-18 36.82 0257667 SCHLITT, LARRY 1999-02-18 57.48 0257668 FULLER, BERYLS 1999-02-18 45.65 0257669 FUSTER, ALONSO 1999-02-18 73.07 0257670 ALAN SCHOMMER PROPERTIES 1999-02-18 78.91 0257671 HOLLOWAY, CATHY L CLARK 1999-02-18 13.07 0257672 GIFFORD GROVES LTD 1999-02-18 24.34 0257673 PERUGINI CONSTRUCTION 1999-02-18 23.04 0257674 MITCHELL, JERRY 1999-02-18 59.49 0257675 MC COLLUM, CHARLES & LARUE 1999-02-18 59.04 0257676 HUXLEY, J MICHAEL 1999-02-18 75.14 0257677 DOMINGUEZ, ESMERALDA 1999-02-18 28.82 0257678 HOLIDAY BUILDERS 1999-02-18 54.63 0257679 CLM REALTY TRUST-B 1999-02-18 74.82 0257680 JEZICK, DARREN & DEBORAH 1999-02-18 12.19 0257681 RIGGS, JANNELL M 1999-02-18 65.29 0257682 FULMER JR, Z GLENN 1999-02-18 34.04 0257683 FULLER, ELDON N 1999-02-18 62.78 0257684 CARPENTER, PAUL & SANDRA 1999-02-18 45.97 0257685 SLEEPER, CHARLES E 1999-02-18 24.78 0257686 BROWN, DONALD R 1999-02-18 86.03 0257687 TEW, BRIAN 1999-02-18 53.41 0257688 STEPHENS, WANDA 1999-02-18 63.54 0257689 RESALE HOME NETWORK 1999-02-18 0257690 WOODROW, BERNICE 1999-02-18 74.14 0257691 MC CULLERS JR, GEORGE OR 1999-02-18 52.03 0257692 43RD STREET DEVELOPMENT 1999-02-18 38.04 0257693 CIRCLE N RANCH INC 1999-02-18 84.53 0257694 ABBATE, FRANCO 1999-02-18 13.48 0257695 ORCHID ISLAND PROPERTIES INC 1999-02-18 30.06 0257696 JANSU ADAMS INC 1999-02-18 58.67 0257697 MC DANIEL, MICHELLE & ROBERT 1999-02-18 144.30 0257698 CARDENAS, CLAUDIO 1999-02-18 29.31 0257699 BURKHART, JILL 1999-02-18 19.55 0257700 ROTH, JOHN C 1999-02-18 50.62 0257701 COTTON, KEITH & TENA 1999-02-18 39.01 0257702 HOLIDAY BUILDERS 1999-02-18 26.01 0257703 WILLIAM Z WITHERS 1999-02-18 176.39 0257704 ALAN SCHOMMER PROPERTIES 1999-02-18 38.05 0257705 PROCTOR CONSTRUCTION CO INC 1999-02-18 28.30 0257706 GRAND HARBOR 1999-02-18 28.30 0257707 VALDERRAMA, MARTY 1999-02-18 28.30 0257708 MANNING JR, ARTHUR L 1999-02-18 64.11 0257709 SONES, JANET S 1999-02-18 17.07 0257710 NOR, JOHN J 1999-02-18 36.01 26.71 MARCH 29 1999 -7- BOOK .d.�C7 FAu 461 BOOK 103 FAGE 462 CHECK NAME _ CHECK CHECK NUMBER DATE AMOUNT 0257711 DAVIDSON, DOROTHY H 1999-02-18 23.00 0257712 R ZORC & SONS BUILDERS INC 1999-02-18 53.00 0257713 DIROCCO CONSTRUCTION 1999-02-18 42.92 0257714 CAL BUILDERS 1999-02-18 11.87 0257715 AKE80 INTERNATIONAL 1999-02-18 12.45 0257716 JOHN LLOYD BUILDERS INC 1999-02-18 19.09 0257717 WITHERS, WILLIAM Z 1999-02-18 60.75 0257718 JENNINGS, LOUISE 1999-02-18 15.54 1,026,945.49 7.B. FLOODPLAIN CUT AND FILL BALANCE WAIVER -LOT 8, BLOCK Il. VERO LASE ESTATES, UNIT 2 - EAST SIDE BUILDERS. ING The Board reviewed a Memorandum of February 18, 1999: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Christopher J. Kafer, P. . County Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 8, Block 11, Vero Lake Estates, Unit 2 REFERENCE: Project No. 99010163 DATE: February 18, 1999 CONSENT AGENDA DESCRIPTION AND CONDITIONS East Side Builders, Inc. has submitted a building permit application for a single family residence on the subject property. The site is located in an AE special flood hazard zone, base flood elevation 22.3 ft. N.G.V.D. In the attached letter from the applicant's engineer dated February 2, 1999 a waiver of the cut and fill balance requirement is requested. The lot area is 1.06 acres. The volume of the 100 year floodplain displaced by the proposed grading plan is estimated to be 551 cubic yards. 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. Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECOMMENDATION Staff recommends approval of Alternative No. 1. MARCH 2, 1999 ON MOTION by Commissioner Adams, SECONDED by Commissioner Grin, the Board unanimously granted the cut and fill balance waiver for Lot 8, Block 11, Vero Lake Estates, Unit 2, as requested by East Side Builders, Inc., as recommended by staff. 7.0 MISCELLANEOUS BUDGETAMENDMENT O The Board reviewed a Memorandum of February 24, 1999: TO: Members of the Board of County Commissioners DATE: February 24, 1999 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 009 CONSENT AGENDA THROUGH: Joseph A. Bair OMB Director FROM: Jason E. Brown Budget Analyst DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. On February 16, 1999, the Board of Commissioners approved a promotional campaign in support of the Dodgers' spring training activities. Funding will come from the Tourist Development Tax cash forward revenues. 2. Indian River County Libraries have received additional State Aid in the amount of $64,560 for the 1998/99 fiscal year. Donations in the amount of $16,465 have also been received by the Main Library and the North County Library. The attached entry appropriates funding. 3. In March 1992, the developers of The Grove subdivision posted a cash performance bond in the amount of $16,250 with Indian River County. These funds can be expended by the County for road improvements. The attached entry appropriates funding. 4. Water line assessments totaling $15,229.07 are owed on various properties owned by Indian River County. Funding will come from General Fund and Transportation Fund contingencies. 5. On June 23,1998, the Board of Commissioners approved funding for emergency repairs to the boardwalk at the Tracking Station. Not all of the necessary work on the boardwalk was completed in 1997/98. Therefore, $20,000 is needed to complete the repairs. Funding is provided by the M.S.T.U. Contingencies. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. MARCH 29 1999 -9- BOOK 108 rAGE 463 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Miscellaneous Budget Amendment #9, as recommended by staff. TO- Members of the Board of ^ounty Commissioners FROM: Joseph A. Baird OMB Director 1 ill ' 1! L F,r;,l• BUDGET AMENDMENT: 009 DATE: February 24.1999 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUES TOURIST DEVELOPMENT TAX/ Cash Forward Revenues 119-000-389-040.00 $30,000 $0 EXPENSES TOURIST DEVELOPMENT TAX/ Advertising- Except Legal 119-144572-034.81 $30,000 $0 2. REVENUES GENERAL FUND/ State Library Aid -General 001-000-334710.00 $64,560 $0 GENERAL FUND/ Donations -Main Library - Books 001-000-366-103.00 $15,110 $0 GENERAL FUND/ Donations -North County Library 001-000-366-097.00 $942 $0 GENERAL FUND/ Donations -North County Library -Books 001-000-366-100.00 $413 $0 EXPENSES GENERAL FUND/ Main Library/ Other Operating Supplies 001-109-571-035.29 $2,000 $0 GENERAL FUND/ Main Library/ Books 001-109-571-035.45 $27,299 $0 GENERAL FUND/ Main Library/ Subscriptions 001-109-571-035.46 $3,000 $0 GENERAL FUND/ Main Library/ Youth Area Books 001-109-571-038.11 $5,000 $0 GENERAL FUND/ Main Library/ Office Furniture & Equipment 001-109-571-066.41 $12,906 $0 GENERAL FUND/ Main Library/ EDP Equipment 001-109-571-066.47 $11,120 $0 GENERAL FUND/ North County Library/ Office Equipment Maintenance 001-112-571-034.63 $1,500 $0 GENERAL FUND/ North County Library/ Books 001-112-571-035.45 $2,000 $0 GENERAL FUND/ North County Library/ Youth Audio -Visual 001-112-571-038.14 1 $2,500 1 $0 MARCH 2, 1999 -10- • 0 TO: Mc-,nbers of the Board of County Commissioners FROM: Joseph A. Baird T- OMB Director BUDGET AMENDMENT: 009 DATE: February 24. 1999 Entry Number Funds/Department/Account Name Account Number Increase Decrease GENERAL FUND/ North County Library/ Elderly Books 001-112-571-038.31 $2,000 $0 GENERAL FUND/ North County Library/ Office Furniture & Equipment 001-112-571-066.41 $1,500 $0 GENERAL FUND/ North County Library/ EDP Equipment 001-112-571-066.47 $4,200 $0 GENERAL FUND/ North County Library/ Display Shelving 001-112-571-066.63 $6,000 $0 3. REVENUES TRANSPORTATION FUND/ Miscellaneous Revenues 111-000-369-090.00 $16,250 $0 EXPENSES TRANSPORTATION FUND/ Road & Bridge/ Paving Material 111-214-541-035.31 $7,950 $0 TRANSPORTATION FUND/ Road & Bridge/ Other Road Material/Supplies 111-214-541-035.39 $7,950 $0 TRANSPORTATION FUND/ Road & Bridge/ Licenses and Permits 111-214-541-034.97 $350 $0 4. EXPENSES GENERAL FUND/ Parks Division/ Other Charges & Obligations 001-210-572-037.99 $1,291 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $1,291 TRANSPORTATION FUND/ Road & Bridge/ Other Charges & Obligations 111-214-541-037.99 $13,939 $0 TRANSPORTATION FUND/ Reserve for Contingencies 111-199-581-099.91 $0 $13,939 5. EXPENSES MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Other Improvements 004108-572-066.39 $20,000 $0 MUNICIPAL SERVICES TAXING UNIT/ Reserve for Contingencies 004199-581-099.91 $0 $20,000 MARCH 2, 1999 -11- BOOK 168 PAGE 465 BOOK 108 PAGE 466 ZD. DRUG/ALCOHOL TESTING SERVICES - REQUEST FOR PROPOSALS AUTHom= The Board reviewed a Memorandum of February 23, 1999: TO: James E. Chandler, County Administrator THRU: Joseph Baird, Director, Office of Management & Budget FROM: Beth Jordan, Risk Managed �kf DATE: 23 February 1999 SUBJECT: RFP for Drug/Alcohol Testing Services Staff requests consideration of the following information at the March 3, 1999, regular meeting of the Board of County Commissioners. Back round Staff has prepared a request for proposals (RF F in order to comply with federal drug and alcohol testing requirements for amloyees who hold a commercial driver's license (CDL). In the past, this service has been provided by vendors selected through such a process and, most recently, was conducted as part of the State contract for such services. In an effort to include potential local vendors, we have prepared this RFP. Analysis This RFP will provide for approximately 80 random drug urine tests and 20 random alcohol tests annually, as well as for approximately 25 pre-employment tests and approximately 5 reasonable suspicion tests annually. Recommendation Staff recommends the Board authorize the RFP for drug and alcohol testing services. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized the RFP for drug and alcohol testing services, as recommended by staff.- MARCH taf MARCH 2. 1999 ZE. SHERIFF -COPS MORE 1998 GRANT ACCEPTANCE - U.S. DEPARTMENT OF JUSTICE The Board reviewed a letter of February 24, 1999: 6berff f 4 - y GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS- ASSOCIATION MEMBER OF NATIONAL SHERIFFSASSOCIATION 4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-6700 February 24, 1999 The Honorable Kenneth R Macht, Chairman Indian River County Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 RE: COPS MORE 198 GRANT ACCEPTANCE Dear Mr. Macht: The Indian River County Sheriffs Office is pleased to inform you of our recent COPS MORE 98 grant award for $84,720. This award will allow the Sheriffs Office to pursue it's proposal to civilianize four (4) positions (two at the County Courthouse and two within the Civil Unit), which the Board of County Commissioners supported in June of last year. The attached document must be signed by the Chairman of the Board of County Commissioners in order to officially accept the award amount. We respectfully ask that the attached document be placed on the consent agenda for the March 2, 1999, meeting. Should you have any questions, I will be happy to address them. Sincerely, Gary C. Wheeler, Sheriff GCW:ss Attachment (1) The 173rd Internationally Accredited Law Enforcement Agency'S.tN Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated MARCH 2, 1999 -13- BOOK hS PAGE467 1, BOOK 108 PAGE 468 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously accepted the COPS MORE 98 Award from the U.S. Department of Justice, Office of Community Oriented Policing Services and authorized the Chairman to execute same, as recommended by staff. COPIES OF DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD 8. PAYMENTS TO VENDORS FOR COURT -RELATED CASES - JUDGE PAUL B. KANAREK The Board reviewed backup provided by Judge Kanarek. (CLERK'S NOTE: COPY OF BACKUP IS INCLUDED WITH THE BACKUP FOR THIS MEETING.) Judge Kanarek had watched the Commission meeting on television on January 5' with reference to the payments to vendors of court -related costs and wanted the Board to know that the judges are concerned about the costs. He itemized the costs involved in several different types of cases and noted that many of these items involving costs are required by Florida law for examination of competency where the guardianship of a person or a defendant in a criminal matter might be in question. Professionals are required for these examinations and their charges are generally the same from case to case. Where funds are available, these professionals are paid but when the examinee is indigent, the County must pay the fees. The County could enter into flat -fee arrangements with some of these professionals and the judges would certainly be willing to work with the Board in an effort to control some of these costs. The County does receive some funds from the State to help pay these costs and the new Article V to the Constitution will move more of these expenses from the County back to the State. Chairman Macht thanked Judge Kanarek for his presentation and concern. County Attorney Vitunac noted that the County Attorneys' _-Office, through Mr. O'Brien, vigorously defends these court costs and the costs have come -down. Mr. O'Brien is doing a good job. MARCH 2, 1999 -14- • 0 Commissioner Tippin thanked Judge Kanarek for his willingness to cooperate and noted that the criticisms were leveled toward the "experts" only. Commissioner Adams felt a flat fee arrangement might help and questioned the use of out of town. experts. Judge Kanarek responded that travel for experts is not permitted unless there is no expert in the area who can do the work. NO BOARD ACTION REQUIRED OR TAKEN. 9.A.1. PUBLIC HEARING - ORDINANCE 99-004 - AMENDING THE ZONING ORDINANCE AND TIIE ACCOMPANYING ZONING MAP FROM CH, RS -6, RM -6 AND A-1 TO PD COMMERCIAL/RESIDENTIAL FOR APPROXIMATELY 316.02 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH OF CR -510 AND BETWEEN 58TH AVENUE AND THE FEC RAILROAD (WINDSOR PROPERTIES - RED STICK GOLF COURSE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FME IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of February 24, 1999: TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: Robert M. Keating, AIC � Community Development Direbtor 0 THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad`2 Staff Planner, Current Development DATE: February 24, 1999 SUBJECT: Windsor Properties, a Florida General Partnership, Request to Rezone Approximately 316 Acres from A-1 (Agricultural, up to 1 units/5 acres), RS -6 (Residential Single -Family, up to 6 units/acre), RM -6 (Residential Multi -Family, up to 6 units/acre), and CH (Heavy Commercial) to PD Commercial/Residential, and To Obtain Conceptual Planned Development Plan Approval for the Red Stick Golf Club MARCH 29 1999 -15- BOOK 108 PAGE 469 BOOK 103 PAGE *1'7 O It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 2, 1999. This is a request by Windsor Properties, a Florida General Partnership, through its agent Masteller & Moler Inc., to rezone approximately 316.02 acres from A-1 (Agricultural, up to 1 units/5 acres), RS -6 (Residential Single -Family, up to 6 units/acre), RM -6 (Residential Multi -Family, up to 6 units/acre), and CH (Heavy Commercial) to PD commercial/residential. As part of the rezoning request, a conceptual planned development plan/plat has been submitted for approval. The subject site is located south of CR 510 and between 581 Avenue and the FEC railroad (see attachment #2). The purpose of this request is to secure a zoning district that will allow a private 18 hole golf course. Planning and Zoning Commission Action At its regular meeting of January 28, 1999, the Planning and Zoning Commission voted (7-0) to recommend that the Board of County Commissioners grant PD rezoning and conceptual PD plan approval subject to the conditions reflected in the 'Recommendation" section of this report (see attachment #5). The conceptual plan considered by the Planning and Zoning Commission also included an accessory clay pigeon shooting area The applicant has since formally withdrawn the request to include the clay pigeon shooting area and has revised the conceptual plan accordingly. Therefore, the only use proposed is the 18 hole golf course. The Board is now to consider the request and may approve, approve with conditions, or deny the PD rezoning request and the conceptual PD plan. Development Approval Options Available to the Developer Presently, the site is zoned CH, A-1, RS -6, and RM -6. The residential districts allow golf courses as special exceptions, and the agricultural district allows golf courses as administrative permit uses. Golf courses are not allowed in the CH district. It should be noted, however, that the site's current land use designations (residential, and commercial/industrial) allow the proposed uses subject to appropriate zoning. There are two options available to the developer to seek approval of the proposed project. Any of the two options, if approved, would allow the applicant to proceed with this project, as proposed. The two options are to: 1. Amend the land use map by changing the commercial/industrial portion of the golf course to residential and rezone to residential. The applicant would then obtain special exception and site plan approval for the golf course. 2. Rezone the site to a PD zoning district which allows golf courses, membership sports, and recreation facilities all in accordance with the underlying land use designations and a conceptual site plan. On staff's recommendation, the developer has opted for the PD rezoning approach (#2). If approved, the PD rezoning will effectively rezone the property in accordance with the conceptual PD plan. The PD Zoning District Generally The county has reviewed and approved several PD rezoning projects, including: Sams/Wal Mart, Magi Mini Storage, Randall Mini Storage, and Old Orchid Groves. Recently, the Board considered the Southern Dunes Golf PD rezoning request, a project similar to this one, and approved the request. Unlike standard zoning districts, there are no specific size or dimensional criteria for PD districts. Instead, the PD district is based on the underlying land use plan designation for density, use and compatibility criteria In the PD zoning district, setbacks and other typical zoning district criteria are established on a site by site basis through approval of a conceptual PD plan, adopted as part of the PD rezoning for a property. The conceptual plan serves to establish the zoning standards for the site. A rezoning to the PD district requires the submission of a binding conceptual plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards. Thus, a PD rezoning allows development of a unique, site-specific zoning district. This benefits the public by having a tightly focused, specific zoning district, rather than opening up a site to all the potential uses allowed in other standard zoning districts. In this case, the conceptual plan proposes an 18 hole private (membership -only) golf course, clubhouse and maintenance facility. Aspects of the proposed conceptual plan will be addressed in the "Plan Analysis" section of this report. MARCH 2, 1999 • The PD Rezoning Process The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the Planning and Zoning Commission. Final action taken by the Board of County Commissioners. _ STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the Planning and Zoning Commission, subject to the Board's action on the rezoning request. STEP 3. Land Development Permit or Permit Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action taken by the Board of County Commissioners. STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of buildings. The applicant is pursuing approval of Step 1. Once a PD conceptual plan is approved, only minor modifications to the conceptual plan may be approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase of the maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved only via a process involving public hearings held by both the Planning and Zoning Commission and the Board of County Commissioners. Proposed PD District for the Project Site The subject site is comprised of three land use designations. In the northeast corner of the site, 10 plus acres are designated C/I (commercial/industrial), while the remaining acreage is designated either as L-2 (low density residential up to 6 unitstacre) or M-1 (medium density 1, up to 8 units/acre) see attachment #4. Once a specific PD rezoning is approved for a site, the applicable PD conceptual plan adopted as part of the rezoning limits the types of specific uses allowed, the intensity of development, and the location of types of development The conceptual plan also establishes the site's dimensional criteria. Although the PD zoning district can be used to modify certain size and dimensional criteria, thpplicant is e y any size and dimensional criteria. Rather, applicant is not proposing to modifthe a Proposing to use the PD rezoning district to allow the members only private golf course. Summary of Proposed PD District Uses: Golf courses (subject to the specific land use criteria for golf courses) and membership sports and recreation uses are permitted as depicted on the conceptual plan. The golf course clubhouse may include accessory facilities such as a clubhouse, maintenance building and a driving range available only to members of the golf club, a dining hall, meeting rooms, etc. Setbacks: All principal and accessory structures, except the guard house, must be set back a minimum of 100' from any property line Building Coverage: A maximum 2% building coverage is permitted. Open Space: A minimum 90% open space is required. Maximum Building Height: 35' MARCH 29 1999 -17- • BOOK D"13 PAGE M BOOK 10$ PAGE 472 Existing Zoning and Land Use Pattern The 316.02 acre site is vacant. The CH zoned portion of the site, which is in the northeast corner of the project, is sparsely vegetated by scrub and pine flatwoods. The central portion of the site is residentially designated. The southwestem portion of the site, which is bisected by the Lateral G Canal, is agriculturally zoned and vegetated with pine flatwoods and old grove. The property to the south of the site is designated (REC) Recreational, and (L-2). West of the project site, property is recreational (REC) designated and residentially designated (L-1). The property north of the subject site is commercially/industrially designated (C/1). East of the site is the FEC Railroad, Old Dixie Highway, and developed property which has a commercial/industrial land use designation. Future Land Use Map Pattern The subject property has a commerciaUmdustrial (C/I) land use designation in the northeast comer of the site, while the remaining portion of the northern part of the site is residentially designated (M-1). For all but a small area of residential (M-1), the site abuts commercial/industrial (C -I) designated land to the north. With the exception of the extreme southeast comer of the site which abuts commercial/industrial (C/I), the property to the south is designated residential and recreational. The applicant's request to use the subject site as a golf course will ensure compatibility with all adjacent uses. Consistency with the Comprehensive Plan Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. The land use map depicts agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the essence of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, these policies provide the basis for all county land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objectives. Future land use policies: Polia 1.16: Development in CommerciaUlndustrial designated areas shall be limited to the following: Retail and Wholesale Trade Office Uses Business and Personal Services Limited Residential Uses Manufacturing Assembly Materials Processing Heavy Repair Services Outdoor Equipment Storage Public Facilities *Recreational Uses Public Schools Institutional Uses Other Similar Type Uses Note: The proposed membership only golf course in the commercial/industrial areas is consistent with this policy. Policy 1.20: Node size shall be based on the intended use, service area population, existing land use pattern, and other demand characteristics. Note: The PD proposal is consistent with the low population density in the area, the existing land uses and the lack of demand for industrial uses or commercial uses in this area MARCH 2. 1999 -is- 9 ! 1] Policy 1.21: Node configuration shall provide for the most efficient use of land, and of transportation and other public facilities and services, while eliminating sprawl and strip development. Note: The PD proposal will further this policy by making the remaining node area more compact. Polic'y5.4: Indian River County LDRs shall contain a special Planned Development (PD) zoning district That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning district is intended to provide for the development of projects which require flexibility in order to maximize open space and conserve natural features, provide alternative designs, incorporate recreational facilities, and incorporate a mix of uses. Note: The PD rezoning actually implements this policy, and provides for appropriate conservation and use of open space on-site. Policy 5.6: PDs shall be permitted throughout the county, without amendment of the future land use map, provided the proposed development is shown to be consistent with the goals, objectives and policies of the Comprehensive Plan. PDs shall be consistent with the maximum density permitted by the future land use map unless density bonuses are permitted consistent with Future Land Use Element Policy 5.7. Note: The proposed PD rezoning is consistent with this policy in that the locations and uses are consistent with the future land use plan map. Poligy 7.3: The County shall provide protection to environmentally sensitive lands through land development regulations that limit building densities, require mitigation for impacted areas, permit the transfer of development rights, and promote the use of conservation easements, dedications, and public acquisition. Note: The PD rezoning requires a conceptual plan which facilitates preservation of the site's environmentally sensitive lands. Policy 7.10: Through the use of fee simple purchase, transfer of development rights, and conservation easements, Indian River County shall coordinate with other state, federal and local agencies to identify and protect vegetative communities identified in Conservation Element policies 6.1 through 6.7. Note: The PD rezoning will facilitate dedication of a conservation easement that satisfies county, state, and federal environmental requirements. Compatibility With Surrounding Areas Staff's position is that granting the request to rezone the property to PD is compatible with surrounding areas. The subject property has similar land use designations with all surrounding properties except a portion of the property to the south. The proposed PD rezoning would further increase the compatibility along the subject site's southern property line. As indicated in the conceptual plan, the most intense use and development will occur in the center of the site, using the golf course itself as a buffer for adjacent properties. Hobart Estates subdivision is adjacent to the site's southeast perimeter. Hobart Estates is zoned IL and A-1. The three existing single-family residences in the IL zoned portion of Hobart Estates are deemed nonconforming uses. The two western lots of Hobart Estates are zoned A-1 and vacant at this time. Therefore, the proposed maintenance facility and stormwater tracts are compatible with the adjacent zoning and the future use of Hobart Estates. Concurrency Impacts No concurrency related services or facilities will be affected, since the rezoning is essentially a "lateral" rezoning, and the conceptual plan ensures that the actual development intensity will be less than the zoning allows. Prior to actual development, a final concurrency review will be performed. Environmental Impacts These issues will be addressed in the plan analysis section of this report. MARCH 29 1999 • -19- BOOK 108 PAGE 473 BOOK 108 PAGE474 The conceptual PD plan depicts an 18 hole private (membership only) golf course with clubhouse, and maintenance facility. 1. Size of Site: 316.02 acres 2. Zoning Classifications: Curr-ent: CH, Heavy Commercial RM -6, Residential Multi -Family RS -6, Residential Single -Family A-1, Agricultural Proposed: PD, Planned Development Commercial and Residential Land Use Designations: C/I Commercial/Industrial M-1 Medium Density (up to 8 units/acre) L-2 Low Density 2 (up to 6 units/acre) 4. Proposed Building Area: Clubhouse: 10,000 sq. & Maintenance Building 10.000 sq. ft. Total: 20,000 sq. & 5. Proposed Building Coverage: Proposed building area is less than 1% of the site area Note: For the purpose of this PD zoning district, a maximum building coverage of 2% is allowed. For comparison purposes, it should be noted that maximum building coverages allowed in the site's existing districts are as follows: CH is 40%; RS -6 and RM -6 are 30%; and A-1 is 20%. 6. Open Space: Required: 30.00% Provided: 97.58% Note: For the purpose of this PD zoning district, a minimum of 900/c open -space is required. 7. Parking: Required: 102 spaces Provided: 132 spaces Note: There will be 110 paved spaces with the remainder being grassed. Grassed spaces are allowed for up to 25% of the golf course use, and for overflow parking. 8. Setbacks: The club house will be within a 4.5 acre designated area approximately 350' east of 581 Avenue in the northwest portion (see attachment #3) of the site. Setbacks from the perimeter of the project will be consistent with zoning regulations and the approved PD conceptual plan. The maintenance building will be located in a designated 3 acre portion of the site approximately 600' north of 77' Street and 120' from the west perimeter of the site. 9. Traffic Circulation: The project will have a full access driveway on 581 Avenue (Kings Highway), which will be the main access point for the facility. This driveway will provide access to the clubhouse. A separate full access driveway on 7r Street will provide access to the maintenance facility. The internal circulation plan and two access points have been approved by the County Traffic Engineering Department. A traffic impact statement has been reviewed and approved by the County Traffic Engineering Department. The approved traffic impact statement indicates that no off-site improvements are required. Also, the County Traffic Engineering Department has conceptually approved the internal circulation plan. 10. Stormwater Management: The conceptual stormwater management plan has been reviewed and approved by the Public Works Department. A detailed stormwater plan will need to be filed with the final site plan, and the applicant will need to obtain a Type "B" stormwater management permit prior to site plan release. - - 11. Utilities: The project will be connected to county water and sewer. This meets both concurrency requirements and utility connection matrix requirements. These utility provisions have been approved by the county's Department of Utility Services and the State Health Department. MARCH 2, 1999 12. Landscape Plan and Buffers: The conceptual landscape plan complies with the landscape and buffering requirements of Chapters 926 and 971. Detailed landscape plans will be reviewed and approved by the Planning and Zoning Commission during the preliminary PD plan review/approval process. 13. Specific Land Use Criteria: The PD zoning district will incorporate the specific land use criteria for golf courses, which are as follows: a. Golf courses and accessory facilities shall not be interpreted to include stand-alone commercial miniature golf courses and/or driving ranges or other unenclosed commercial amusements, open to the general public. Note: The golf course will have no stand alone uses. b. No major accessory use or principal building or structure shall be located closer than one hundred (100) feet to any lot line which abuts a residentially designated property; however, the one hundred (100) foot setback may be reduced to normal zoning district setbacks if the use of the abutting residentially designated property is non- residential (e.g. institutional, recreation, community services uses) and if a type "B" buffer with six (6) foot opaque feature is provided between the building and structures and the abutting residentially designated property. Note: All principal buildings will beset back 100' or more. C. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads; Note: Approximately 25 acres of native uplands will be preserved. d. The golf courses and practice fairway, if lighted, shall be designed so that any lighting is shielded and directed away from residential areas; Note: Any lighting proposed will be directed away from adjacent right-of-ways and properties. e. Type "B" screening shall be provided between golf maintenance facilities and adjacent residentially designated property within two hundred (200) feet of the golf maintenance facility. Note: The proposed locations for both the clubhouse and golf maintenance facility are greater than 200' from any residentially designated property. Therefore, a Type "B" buffer is not required. 14. Environmental Issues: Upland Set-aside: Since the project is over 5 acres, the native upland setaside criteria in LDR section 929.05 apply. While the central section of the site has been significantly disturbed by past sand mining and off-road vehicles, the east and west portions of the development are relatively undisturbed native upland habitats. The developer shall coordinate with the county environmental planning staff on satisfying the upland preservation criteria with a conservation easement. As proposed, the conceptual PD accommodates a conservation area which exceeds the county's requirements, although the final location of the actual easement has not yet been determined. The location of the easement will need to be finalized, and the easement dedicated, prior to the issuance of a land clearing and tree removal permit for the project. Endangered Species: The subject site may contain habitat for endangered or Potentially endangered species of flora and fauna. These concerns will need to be addressed by the developer by providing county staff with letters from the U.S. Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission stating that the agencies have no objection to the issuance of a land clearing and tree removal permit for this project. Agency letters will need to be submitted to county staff prior to issuance of land clearing permits, and prior to issuance of a land development permit or waiver Wetlands: There are approximately 33.2 acres of wetlands on-site. The majority of the wetlands are located along the east and west boundaries of the site. The applicant will need to obtain a county wetland resource permit as well as a permit from the St. Johns Water Management District (SJWMD) for any impacts to the wetlands. The applicant will need to obtain a county wetlands resource permit and a St. Johns River Water Management District permit prior to PD plan release. MARCH 29 1999 -21- BOOK 108 PACE 475 L BOOK 108 FAGS 76 15. Thoroughfare Plan: The thoroughfare plan identifies a firture 81' Street as a rural major collector roadway between 581 Avenue and Old Dixie Highway. This potential, future street would run east - west through the project site. It should be noted that there is no existing 81st Street roadway or road right-of-way across the site, and no FEC railroad crossing for 81' Street. Furthermore, there are no plans in the County 2020 Roadway Improvement Plan to acquire right-of-way for or to build 81s' Street. The Public Works Department does not desire to pursue the purchase of 811 Street right-of-way and the applicant is not required to dedicate any of the 81st Street right -of -way. K at a date in the future, the county pursues extending 8? Street through the site, then the Public Works Department would negotiate 8? Street's right-of-way acquisition at that time. The precise location of this future segment of 81' Street is not defined at this time. Therefore, 811 Street is not depicted on the conceptual plan. Because the potential for acquiring right-of-way and constructing 81st Street across the project site is in the distant future, beyond the 2020 planning horizon, no action on the part of the county or the applicant is required at this point. In staffs opinion, the subject segment of 81st Street should remain on the Thoroughfare Plan, since it could become a desirable segment of the Thoroughfare Plan grid system in the distant future. 16. Dedication and Improvements: a. Murphy Act Easement: There is a Murphy Act Easement which affects the subject property along the project's 58th Avenue frontage. Since the county does not need any additional right-of-way from this site, staff will support release of the easement. The easement must be released prior to issuance of a land development permit or waiver for the project. 17. Concurrency: The applicant has satisfied the concurrency requirements for the rezoning and conceptual PD plan approval. Final concurrency review is required prior to issuance of building permits. 18. Surrounding Land Use and Zoning: North: Residential, commercial/ RS -6, CH South: 77th St Residences/RM-4 East: FEC Railroad, Old Dixie Highway, Commercial/CL, CH, IL West: 58th Ave, Groves/A-1 Based on the above analysis, staff recommends that the Board of County Commissioners grant the requested rezoning to PD commercial/residential and approve the conceptual PD plan, with the following conditions: 1. Prior to issuance of a land clearing permit and/or land development permit or waiver, the applicant shall: A. Obtain clearance letters from the U.S. Fish and Wildlife Services and the Florida Game and Freshwater Fish Commission regarding endangered species habitat requirements. The applicant shall submit said clearance letters to the environmental planning staff. B. Obtain a county wetlands resource permit and a permit from the St. Johns River Water Management District for mitigation of wetland impacts. C. Obtain approval from environmental planning staff for the final location of a conservation easement that meets county upland set-aside requirements, and record such easement. D. Obtain release of the Murphy Act Easement along the site's 58th Avenue frontage. MARCH 2, 1999 -22- III F, BOOK 108 PAGE473 Planning Director Stan Boling pointed out a needed correction to Recommendation 1.13. which should read: "Obtain release of a portion of the Murphy Act Easement along the site's 58'h Avenue frontage." This is a unique site being used for a private golf course only, with a clubhouse and a maintenance facility. Director Boling then responded to several questions from the Board regarding the Murphy Act right-of-way and the portion to be released. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Bruce Barkett, attorney for applicant, noted that the County is really getting an expansion of the Kings Highway corridor and advised the Board that the St. Johns River Water Management District has approved the plan conceptually. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Commissioner Adams asked to see what portion of the Murphy Act easement was being released and what portion the County was getting. Steve Moler, project engineer representing Red Stick, explained that the applicant is dedicating 25 feet by 660 feet to the south and exchanging an amount equal to the footage being released. Public Works Director Jim Davis noted that this is an equitable swap of a very noncontinuous easement. MARCH 2, 1999 -24- • 1* ON MOTION by Commissioner Tippin, SECONDED by Commissioner Stanbridge, the -Board unanimously granted the rezoning to PD commercial/residential, approved the conceptual PD plan with the conditions set forth by staff, including the correction to Item 1.D., and adopted Ordinance 99-004 amending the Zoning Ordinance and the accompanying Zoning Map from CH, RS -6, RM -6, and A-1 to PD Commercial/Residential for approximately 316.02 acres of land generallylocated on the south of CR -5 10 and between 58* Avenue and the FEC Railroad (Windsor Properties - Red Stick Golf Course). ORDINANCE NO. 99- 0 4 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CH, RS -6, RM -6 AND A-1 TO PD COMMERCIAL/RESIDENTIAL FOR APPROXIMATELY 316.02 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH OF CR 510 AND BETWEEN 58TH AVENUE AND THE FEC RAILROAD; AND DESCRIBED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is consistent with the Comprehensive Plan of Indian River County and the county land development regulations, including but not limited to the Planned Development (PD) Process and Standards for Development chapter, and WHEREAS, The Board of County Commissioners of Indian River County, in conjunction with the rezoning request has approved a PD conceptual plan (see EXHIBIT B, attached) that controls and regulates development on the subject land; and MARCH 29 1999 • -25- BOOK 103 FACE 479 BOOK 103 PAGE 480 WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the property situated in Indian River County, and legally described in E KFHBIT A (attached) be changed from CH, RS -6, RM -6 and A-1 to PD Commercial/Residential. All with the meaning and intent as set forth in the land development regulations, and the approved conceptual plan as may be amended pursuant to the provisions of the Planned Development (PD) Process and Standards for Development chapter of the land development regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _2__day of M a r c h , 1999. This ordinance was advertised in the Vero Beach Press -Journal on the ,Lday of F e b r u a r y, 1999 for a public hearing to be held on the __2_day of M a r c h 1999 at which time it was moved for adoption by Commissioner T i p p i n seconded by Commissioner S t a n n r i d g P , and adopted by the following vote: Chairman Kenneth R Macht A y e Vice Chairman Fran B. Adams A y e Commissioner Caroline Ginn Aye Commissioner Ruth Stanbridge A y e Commissioner John W. Tippin Ay P BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: % 26s Aefineth R.Mabht, Chairman i ATTEST BY: Je'K Barton, Cl The foregoing instrument was acknowledged before me on this � by Kenneth R Macht as Chairman of the Board of County Commissioners of Indian River County, Florida, and by t:I�GsDeputy Clerk, respectively Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. .VIlIJYp�y{p�lj!!!!/lDYIA/IMJJYIp NouryImh S Flails MY W1 Corominion 6 W 3IZ000 ; c �-too-3aaorNnr. �N,p,r„�,meaeoo�c,. •. MARCH 2, 1999 Notary Public Printed Name: Commission No.: Commission Expiration: Acknowledgment by the Department of State of the State of Florida this 1- day of 1999. Effective upon filing with the Department of State. This ordinance was filed with the Department of State on the following date: 1nlian Haar ca { AG�t0V0J 1 Hale Adm:r, j uZordinance\1-14-99 2 MARCH 2, 1999 0 -8z- 11VII LIILIf IA� I _ OC a �Rxfl i IOOC � y,l I I a R L—j I 2w PD sSM ud i t �•'(. \ ate t --—�- --� r— --- �- 7C.fie /�j� RM� ' � RR `� •�` 1., `��--=M' i W �=2. 6661 `Z IEDUVL1i PS E �4 Ms ; NA a e° tr 701405 v 7y7 1 e 7 @ n r�fi¢f�¢III�>f nnnnnnnnnr rfn� 'g??stn s s 3 ee j p[ �pp t j111 ii '< �.-_ �t99rrrlttr 9feen°evA7 s33 re , �( fate r c i214Sgp{P[t g�t��Slsi a�a�l1$� a (■r 1_ tlltl3ll96 8 D o bb a ►"e n.e� ce$ s. t �9e lip i ?, 33vj 90T You LEGAL DESCRIPTION BEING A PART OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33; THENCE N89013'03"E ALONG SAID NORTH LINE OF SECTION 33 A DISTANCE OF 545.19 FEET; THENCE S00°54'52"W A DISTANCE OF 80.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S00°54'52"W A DISTANCE OF 580.25 FEET. THENCE N89°15'18"E A DISTANCE OF 1556.80 FEET; THENCE S00037'21"W A DISTANCE OF 60.32 FEET; THENCE S22°54'52"E A DISTANCE OF 32.96 FEET, THENCE N89° 15' 18"E A DISTANCE OF 800.38 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD: THENCE S25054'427E ALONG SAID WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD A DISTANCE OF 680.97 FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE S89013'05"W A DISTANCE OF 22.10 FEET; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD S25054'42"E A DISTANCE OF 2931.58 FEET TO A POINT LOCATED ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG SAID NORTH LINE S89056'27W A DISTANCE OF 328.77 FEET; THENCE S00024'57'W A DISTANCE OF 1090.16 FEET; THENCE N89°58'17'W A DISTANCE OF 7.50 FEET; THENCE S00°24'57'W A DISTANCE OF 200.02 FEET TO A POINT LOCATED ON THE NORTH RIGHT-OF-WAY LINE OF HOBART ROAD; THENCE N89058'4T'W ALONG SAID NORTH RIGHT-OF-WAY LINE OF HOBART ROAD SAID LINE BEING LOCATED 40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 33 A DISTANCE OF 1512.85 FEET; THENCE N00032'32"E A DISTANCE OF 1616.40 FEET; THENCE S89058'53"W A DISTANCE OF 1337.51 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S00036'25"W A DISTANCE OF 325.67 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE S89°58'53"W ALONG SAID NORTH LINE A DISTANCE OF 431.92 FEET TO A POINT LOCATED ON THE EAST RIGHT-OF-WAY LINE OF LATERAL "G" CANAL AS SHOWN ON PLAT OF INDIAN RIVER FARMS COMPANY SUBDMSION AS RECORDED IN PLATBOOK 2, PAGE 25, PUBLIC RECORDS ST. LUCIE COUNTY, FLORIDA; THEN, --E N19" 14'06"L�' .`.LONG SAID EAST RIGHT-OF-W%':".LINE OF L.-%ERAL "G" CANAL A DISTANCE OF 84.72 FEET. THENCE S89°58'53"W ALONG A LINE LOCATED 80.00 FEET NORTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 630.89 FEET TO A POINT OF CURVE. THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 90039'31" A RADIUS OF 100.00 FEET AN ARC LENGTH OF 158.23 FEET TO THE POINT OF TANGENCY, SAID POINT BEING LOCATED 145.00 FEET EAST OF THE WEST LINE OF SAID SECTION 33: THENCE N00°38'24"E ALONG A LINE LOCATED 145.00 FEET EAST OF AND PARALLEL TO SAID SECTION 33 A DISTANCE OF 1148.41 FEET TO IT'S INTERSECTION lATrH THE NORTH LINE RIGHT-OF-WAY LINE OF SAID LATERAL "G" CANAL. THENCE N26026'33"W ALONG SAID EAST RIGHT-OF-WAY LINE OF LATERAL "G" CANAL A DISTANCE OF 173.47 FEET TO A POINT LOCATED 65.00 FEET EAST OF THE WEST LINE OF SAID SECTION 33. THENCE N1°00'59"E ALONG A LINE LOCATED 65.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 1507.80 FEET; THENCE N89°13'03"E A DISTANCE OF 354.77 FEET: THENCE NI°00'58"E A DISTANCE OF 2 10. 10 FEET; THENCE S89013'03"W A DISTANCE OF 211.08 FEET; THENCE N1000'59"E A DISTANCE OF 128.47 FEET; THENCE N89°13'03"E PARALLEL WITH SAID NORTH LINE OF SECTION 33 A DISTANCE OF 336.61 FEET BACK TO THE POINT OF BEGINNING CONTAINING 309.51 ACRES MORE OR LESS MARCH 2, 1999 -29- BOOK 108 PAGE 483 , BOOK DS PAGE 484 9.B.1. PUBLIC DISCUSSION ITEM - (SEA TURTLE SURVIVAL LEAGUE VS. INDIAN RIVER COUNTY) - AGREEMENT FOR DEVELOPMENT OF HABITAT CONSERVATION PLAN FOR SEA TURTLES - EING /PARVUS /MCCOY /SUMPSON /STRAND MUMARCHE (SUMMERPLACE SEAWALL OWNERS) (GERSTNER) - CARIBBEAN CONSERVATION CORP. - DEPARTMENT OF ENVIRONMENTAL PROTECTION The Board reviewed a Memorandum of February 24, 1999, together with letters of December 21, 1998 and November 2, 1998: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E.,- PUBLIC DISCUSSION ITEM Public Works Director FROM: Jeffrey R. Tabar, P.E. I / Coastal Engineer v SUBJECT: Interim Agreement and Memorandum of Agreement (MOA) for the Development of a Habitat Conservation Plan for Sea Turtles REF. LETTER: David Godfrey to Jeffrey Tabar dated November 2, 1998 DATE: February 24, 1999 DESCRIPTION AND CONDITIONS In an effort to resolve the legal challenges and litigation regarding Caribbean Conservation Corporation (Sea Turtle Survival league) vs. Indian River County, Florida, Patricia King, Brenda & Dirk Parvus, R. Seth McCoy, Richard T. Simpson, Jr., Anne E. Strand, and Peter J. Trimarche, a four -party Interim Agreement (State, CCC, County, and certain Summerplace Property Owners) and Memorandum of Agreement (County and State) have been developed in conjunction with the State of Florida Department of Environmental Protection. These agreements, in more specific language, commit the County to developing a Habitat Conservation Plan (HCP) for the entire County coastline except State and Federal lands as part of an application for a Section 10 permit under the Endangered Species Act from the United States Fish and Wildlife Service(USFWS). The overall objective of the HCP is to improve the protection of sea turtles and their nesting habitat so as to offset the potential "incidental take" caused by the construction of coastal armoring and other structures built to protect beachfront property from erosion. The HCP and Section 10 permit ensures that the effects of the authorized activity (construction of seawalls) will be adequately minimized and/or mitigated. While the final set of MARCH 2, 1999 mitigatory actions has yet to be determined, examples would include: purchasing fee -title or development rights to undeveloped beachfront properties, restoring the coastal dunes and vegetation, renourishing eroded beaches with beach -quality sand outside of sea turtle nesting season, conducting an appropriate nest monitoring program of all non -state & federal lands(t15 miles of shoreline), enforcing a beach lighting ordinance, and educating beachfront residents -and others about sea turtles and threats to their survival. ALTERNATIVES AND ANALYSIS In order to develop a HCP, hiring an environmental consultant would be required. The professional services agreement would likely cost $150,000-$200,000. The Florida Department of Environmental Protection has indicated that they would be willing to contribute up to 50& of the cost to develop the HCP, not to exceed $100,000 and would provide technical assistance through the Bureau of Protected Species Management. Any monitoring costs associated with the HCP will be eligible for cost sharing by the FDEP through the scheduled beach restoration projects(Beach Preservation Plan). These monitoring costs could range from $75,000-$125,000/year if all non -state and federal lands are included. It is foreseen that the monitoring program resulting from the HCP process would _overlap much of the monitoring requirements anticipated in the County's Beach Preservation Plan. The alternatives are as follows: Alternative No. 1 Approve the Interim Agreement and Memorandum of Agreement; and commit to paying 50% of the cost to develop the Habitat Conservation Plan, not to exceed $100,000. Funding to be from the Beach Preservation Plan. The cost consequences once the HCP is complete is not known at this time. Alternative No. 2 Deny the Interim Agreement and Memorandum of Agreement; and contend with the pending litigation. Alternative No. 3 Staff has received copies of letters from County residents requesting that the proposed agreements be routed to the Beach Committee and/or be scheduled for Public Hearing. Table action at this time and proceed to workshop the item before the committee. RECOMMENDATIONS AND FUNDING The HCP is not required for implementation of the Beach Preservation Plan. If the Interim Agreement and MOA are approved, the County may incur costs not required under the Beach Plan. From an environmental perspective and to assist the Summerplace Property Owners and County currently under litigation, the HCP is desirable. From solely a legal perspective staff does not recommend entering into the interim agreement nor MOA if the sole reason is to dissolve the litigation, since the financial consequences to the County of losing the lawsuit are far less than the cost of the HCP. From a Coastal Engineering perspective, staff does not recommend approval since the scope of work would be greater than that required under the Beach Preservation Plan. MARCH 29 1999 -31- L` BOOK 10PAGE 485 BOOK In the interest of the Summerplace homeowners who recently constructed seawalls and are applying for DEP permits, property owners who desire to build future seawalls that sea turtle nesting habitat, approval of the Agreement desirable. It is a policy issue as to which of perspectives is paramount. Funding would be from Preservation Plan. ����M01KlIg1 IFLO. A } Department of Environmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 December 21, 1998 The Honorable Fran Adams, Commissioner Indian River County Board of County Commissioners 1840 25'° Street Vero Beach, FL 32960 Dear Commissioner Adams: as well as may affect and MOA is the above the Beach Virginia B. Wetherell Secretary DEC 2 8 1998 I would like to thank you for your participation in the recent conference call on the proposed Habitat Conservation Plan (HCP) and Incidental Take Permit for Indian River County and for your willingness to present the concept to the full Indian River County Commission. The HCP approach offers many advantages to the County in its efforts to protect and manage its beach and dune resources. Various projects being conducted in the County, such as Dune Guard at the Sea Oaks and Baytree Condominiums, periodic fill placement by the City of Vero Beach, and beach ramp construction by the Town of Indian River Shores, would benefit from a consolidated approach that affords protection of important coastal resources on a countywide scale and conserves staff and financial resources. In addition to facilitating implementation of these projects, development of the HCP as part of the beach management plan should expedite permitting of your proposed beach restoration projects. Finally, the clarification of the coastal armoring process and siting requirements will allow for the HCP to also address any marine turtle impacts that might still occur even under a Memorandum of Agreement (MOA) with the Department. A comprehensive nesting beach management plan developed as part of the HCP should consider all potential impacts to Indian River County's beach resources, marine turtles, their nests, hatchlings, and habitat. This would include, but not be limited to, all potential emergency authorizations, periodic fill placement at erosion hot spots (such as Humaton Park), monitoring at experimental beach projects, vehicular access, special events and large scale beach restoration projects. Development of the HCP should save the County considerable amounts in potential legal fees. Such a plan should resolve the outstanding lawsuit by the Sea Turtle Survival League, thereby allowing funds to be utilized to better manage and protect county resources as opposed to legal costs. Incidental take authorization and the development of a HCP should also resolve the pending litigation for the Parvus sea wall. We believe that the HCP should discuss all potential marine turtle impacts for activities authorized by the County as well as mechanisms for avoidance of, minimization of and mitigation for those impacts on a county -wide basis. Such activities include coastal armoring, beachfront lighting, and sand placement for temporary and long tern beach restoration. For example, the potential impacts of emergency coastal armoring can be minimized through adoption of the protocol detailed in the proposed MOA we discussed. The HCP could also address other types of armoring in the county and the cumulative impacts on marine turtle habitat of such structures. Acquisition of beachfrcnt property by the County could mitigate, and in MARCH 2, 1999 -32- Honorable Commissioner Adams December 21,1998 Page 2 some cases prevent, such impacts. Proper management of County -owned beach access areas and development of guidelines for other beachfront properties would also mi unite impacts to marine turtles. Finally, the issues associated with beachfront lighting could be addressed by undertaldng a review of the existing lighting ordinances (County, Vero Beach and Town of Indian River Shores) and the level of compliance with these ordinances. The HCP could suggest potential resolutions to impacts from coastal lighting that is not in compliance with these ordinances. To the extent that beach restoration provides suitable marine turtle nesting habitat, it is self -mitigating for some level of adverse impacts. The HCP could include construction criteria designed to minimize impacts to marine turtles, their nests and nesting habitat Specific design criteria to minimiimpacts to marine turtles include avoiding borrow sites with sand that is too fine or too coarse or has large amounts of shell, reducing the berm elevation and slope if necessary to approximate a more natural beach profile, and requiring restoration of a dune at the landward edge of the fill project. It is essential in our opinion to incorporate an outreach program to educate beachfront property owners, beachfront builders, potential beachfront property owners, municipalities, and others about the dynamic nature of the coastal area, marine turtles, and the County's HCP. Many partners could assist in this effort, but it should be organized by the County. We would offer our technical assistance in this area as well. We are committed to worldng with the County on this important project My staff will assist the County in its development of the HCP and provide technical assistance on all marine turtle issues. Please feel free to call me at (850)9224330 with any questions. Sincerely, ,d,. A) (�� David W. Arnold, Chief Bureau of Protected Species Management cc: Dr. Devereaux, BBCS Jeff Tabar, Indian River County Virginia Gilbert, Town of Indian River Shores Cliff Southard, City of Vero Beach Pam Dawson, Sea Oaks Condominium Sandy MacPherson, USFWS Jay Harrington, USFWS David Godfrey, Sea Turtle Survival League MARCH 2, 1999 —33— BOOK 108 PAGE 4 d r GW BBEAN CONSERVATION C O R P O R A T 1 O N November 2,1998 Mr. Jeff Tabor Coastal Engineer Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Mr. Tabor. BOOK 103 PAGE 488 R E C E 0 V E NOV 06 Moog PUBLIC WORKS DEPT. I am writing on behalf of the Caribbean Conservation Corporation and its Sea Turtle Survival League program to thank you for taking the time to meet with myself and David Arnold of the Florida Department of Environmental Protection to discuss options for ensuring the protection of sea turtle nesting habitat in Indian River County. Based on our meeting, I am optimistic that legal challenges and litigation regarding certain coastal armoring projects in the county can be temporarily tabled while a wholistic plan for ensuring the long -tern protection of nesting beaches in Indian River County is explored. In the meantime, I look forward to hearing back from you on whether the county is willing to develop a Habitat Conservation Plan outlining mitigation actions that will be implemented in the county to offset damages caused by current and future coastal armoring projects that threaten the survival federally protected marine turtles. As I expressed in our meeting, CCC and its Sea Turtle Survival League will be willing to assist the county in identifying appropriate mitigatory actions and in developing a plan that can provide Indian River County with an "Incidental Take Permit," thereby protecting the county from a federal lawsuit under the Endangered Species Act for any "take" of sea turtles resulting from the construction of emergency coastal armoring. Sincerely, .�� Aa -r' David Godfrey Executive Director cc: David Guest, Esq., Earthjustice Legal Defense Fund Kirby Green, Florida Department of Environmental Protection David Arnold, FDEP, Office of Protected Species Sandy McPherson, U.S. Fish and Wildlife Service 4424 N.W. 13th St., Suite A-1, Gainesville, FL 32609 Apartado Postal 246-2050, San Pedro, Costa Rica (352) 373-6441 Fax: (352) 375-2449 ccc@cccturtle.org (506) 22492-15 Fax: (506) 225-75-16 baulas@sol.racsa.cO.Gr http-://www.cccturtle.org is • MARCH 2, 1999 -34- n U Coastal Engineer Jeff Tabar, with the aid of the ELMO and the following chart, noted that some of these people have been denied a permanent permit for their seawalls since the State has determined that the placement of the seawalls is a "taking" of sea turtle habitat. The Sea Turtle Survival League (a division of the Caribbean Conservation Corporation) has filed suit against 6 of these homeowners and the County. The only other Florida county to have a Habitat Conservation Plan for Sea Turtles is Volusia County. The projected costs for Indian River County's Plan have been developed from that plan. The State will contribute one-half of the cost, up to $100,000. From an engineering standpoint, he does not recommend approval of the Plan as the scope of work would be greater than the Beach Preservation Plan (BPP). However, from the standpoint of the Summerplace homeowners, the Habitat Conservation Plan would be a plus. Also, the Plan does not address the South County seawall of Mr. and Mrs. Gerstner. .a' it � ,���•► L ►fie ll�S ;, (tl� ' r f� a tP ` i I �•a, ., , Y.'�k ter �It'. • . . �j� � tjr '49r�' 1• 'l `iJ , t � dL B7A'••'.t-4:.. r •7J)(M' �. or , ��r.'r ,• �' �. ' t I f t'i7. i YY P Y��E, � '�� ." •:7 r t' ' , t • ��yp r`�f��r {L' !�, 1" r •I 100 F 11¢ N1 �� c q P" a t t t wl ., .:.e i a. 7 rF� �• ,.i tot' '�r ' 1 e •t It '. A,. f; , � 1 Y ,14 :r• �tYd. lq�.. �. .1, r'��' 4 •,; �� ��{d ' . '6 `•{ 34 �•Y,11 nj•i�j O���ii7r ' d :� ,rT y, •1 "Jig t iter ' r•+. � • Y � 4 �� p4�,� ?` i''' Ia= �U•9'i-,'V� d ji�i�p+. ! 'Cid Ali• tLO�r H ii ;.• ti �I. Ls..' F 7, n ` E. "4 :t► tt is "ti`u!�ri� �' 1+�N..'� Ih r.:r�i : 4 . �Y, ... 1 c: .! .� i ! " 9 + t .i 1 -tl , f SI" !:% ^r. d• • .�+'. � r � t F . i R.. ,1 i� I lr • r ��� � e3A�; •"�Ii:MQT�..r .:�N0� ��t�� �I .fit . u _�'� v,t' !• {s � �A'.1; � '�: �t �.+E �1`��� r� ' "ti •, 4 �' r rrt •)•l•Jr Y 1 i-6 ?j Y` •, Ia.• • ''�. u.�; 1 P f �. • I vx N I=t ijL erid r , 4 ' .:�+ +i'3��,.Z <t.Y..�`,rs '�`I}Ci=rh� a-. < trP';r. '•,. ti's !' y r,��•., 96.�•�..^ a.. O;� a I'^ ;y�:i4,7''�' a`I`�R•'d� I�• La ���-ys!��.6 .�' t �•. t �•� t�j�„?j,••.�; ,,, rl, M/ ,�s '* a•'}��I �i�;�' R t'. ,y� {►i .,rm ' ,.. . r r� : �ri � Ut t';I� +.,r MARCH 2, 1999 -35- BOOK 108 PAGE 469 .'r 744:: 4 I � ,1. � •�� tr .a' it � ,���•► L ►fie ll�S ;, (tl� ' r f� a tP ` i I �•a, ., , Y.'�k ter �It'. • . . �j� � tjr '49r�' 1• 'l `iJ , t � dL B7A'••'.t-4:.. r •7J)(M' �. or , ��r.'r ,• �' �. ' t I f t'i7. i YY P Y��E, � '�� ." •:7 r t' ' , t • ��yp r`�f��r {L' !�, 1" r •I 100 F 11¢ N1 �� c q P" a t t t wl ., .:.e i a. 7 rF� �• ,.i tot' '�r ' 1 e •t It '. A,. f; , � 1 Y ,14 :r• �tYd. lq�.. �. .1, r'��' 4 •,; �� ��{d ' . '6 `•{ 34 �•Y,11 nj•i�j O���ii7r ' d :� ,rT y, •1 "Jig t iter ' r•+. � • Y � 4 �� p4�,� ?` i''' Ia= �U•9'i-,'V� d ji�i�p+. ! 'Cid Ali• tLO�r H ii ;.• ti �I. Ls..' F 7, n ` E. "4 :t► tt is "ti`u!�ri� �' 1+�N..'� Ih r.:r�i : 4 . �Y, ... 1 c: .! .� i ! " 9 + t .i 1 -tl , f SI" !:% ^r. d• • .�+'. � r � t F . i R.. ,1 i� I lr • r ��� � e3A�; •"�Ii:MQT�..r .:�N0� ��t�� �I .fit . u _�'� v,t' !• {s � �A'.1; � '�: �t �.+E �1`��� r� ' "ti •, 4 �' r rrt •)•l•Jr Y 1 i-6 ?j Y` •, Ia.• • ''�. u.�; 1 P f �. • I vx N I=t ijL erid r , 4 ' .:�+ +i'3��,.Z <t.Y..�`,rs '�`I}Ci=rh� a-. < trP';r. '•,. ti's !' y r,��•., 96.�•�..^ a.. O;� a I'^ ;y�:i4,7''�' a`I`�R•'d� I�• La ���-ys!��.6 .�' t �•. t �•� t�j�„?j,••.�; ,,, rl, M/ ,�s '* a•'}��I �i�;�' R t'. ,y� {►i .,rm ' ,.. . r r� : �ri � Ut t';I� +.,r MARCH 2, 1999 -35- BOOK 108 PAGE 469 I BOOK 108 PAGE 490 Assistant General Counsel and Litigation Attorney M. B. Adelson, of the Department of Environmental Protection (DEP), noted that if the Gerstner seawall were moved to a permitted location then all the seawalls would be within the scope of the County HCP. The Department's position is that the Gerstner seawall is too far seaward. The HCP is designed to avoid these problems to the greatest extent possible in the future. An "incidental take" is a take of an endangered species that has been authorized and is a balancing of the interest between private property rights and environmental regulations. This HCP would avoid all future litigation and would resolve these issues in advance. The County will go through a Section 10 permitting process and the DEP, with its experience and technical staff, will certainly participate to the maximum extent possible. Commissioner Adams felt that the South County Gerstner seawall would need to be added to the Interim Agreement before the County could agree to participate. Commissioner Ginn stated that she could not approve the Plan if it does not include all the seawalls along the entire coastline. The Caribbean Conservation Corporation (CCC) has had problems in Florida and she took exception to them being involved. MOTION WAS MADE by Commissioner Ginn for the Board to approve Alternative No. 2, denying the Interim Agreement and Memorandum of Agreement and contending with the pending litigation. Chairman Macht noted that the MOTION DIED FOR LACK OF A SECOND. Attorney Ansley Samson, from Earth Justice, the legal defense firm for the CCC, stated that her firm is a non-profit law firm representing the CCC in Tallahassee. In response to questioning by Commissioner Ginn, Ms. Samson noted that their client has been a corporation since the late 1950's, originally operating in the Caribbean area but then focusing more in the United States, and adopting the name "Sea Turtle Survival League". She strongly urged the Board to accept the Interim Agreement and MOA. MARCH 2, 1999 -36- • 0 Tom Tomasello, attorney for the Summerplace property owners, stated that the Board is charting a future relationship with the DEP and Fish & Wildlife. These departments will not go away and the -County now has an opportunity to cooperate with them and make the lives of these County residents more comfortable. The State of Florida has been using its might to beat up on these people because they don't like the fact that the County issued emergency permits to allow these people to build their seawalls. He pled with the Board to accept the settlement as he believed the DEP would pounce on his clients, forcing them to defend the permit issued by the County. He believed that the Sebastian Inlet is the "Darth Vader" in this matter. He also encouraged the Board to invite DEP's Secretary Green to come and explain why his staff won't settle the Gerstner seawall matter. Commissioner Ginn stated that the Board has talked to Mr. Green and explained the situation but never heard back from him. Commissioner Ginn questioned whether the County should be defending the permits they issued, and Commissioner Adams reminded her that the Gerstner permit was issued over staffs' recommendation to deny the permit. Vince Bruno, appearing for Richard Simpson, one of the Summerplace homeowners who is ill, stated that it is his impression that these homeowners are being held hostage. This matter is now into its third year of litigation and they still don't have permits. He asked the Board to approve the settlement and let them get on with their lives. Cheryl Gerstner, 2035 Surfside Terrace, believed the situationregarding her seawall is over one turtle nest that they are saying is the basis for the case. Perhaps this nest could be classified as an "incidental take". She also noted that the contribution offered by the DEP is tax money, that is our money, too. She asked the Board to include her seawall in any agreement. Bill Glynn, 1802 Barefoot Place, recounted that DEP did a sight line and said all of the seawalls should go in a straight line. He believed the CCC could not raise money in the United States until they formed the Sea Turtle Survival League and that they are using the Summerplace seawalls as part of a fund raising process. Sea turtles are being eaten in Europe and in Mexico and no one knows how many turtles there are. Only the female turtle MARCH 2, 1999 -37- BOOK 103 FAGS BOOK 103 PAGE 492 returns to nest so they have no means of counting the males. He believed this past year was the greatest nesting season in the 15 years he has lived here. He felt that the County's program is working and the State is now ready to take away private property rights in order to serve one million turtle steaks in Europe. Sebastian Inlet has the largest coastal armoring in the State of Florida and is responsible for an ongoing "taking". He felt that a suit should be filed against the Sebastian Inlet Taxing District for the wholesale "taking" caused by their 2300 foot jetty. He also believed the County should sue the State, CCC and DEP. Bob Bruce, 12396 North AIA, representative of the Board of Directors of Downdrift Coalition, urged the Board to fight the State and Sebastian Inlet Taxing District who are responsible for the erosion. Commissioner Adams asked the Board for permission to return to Tallahassee with the concerns expressed and the request for the inclusion of the Gerstner seawall in the settlement. Chairman Macht felt he was very much inclined to support a HCP that has been revised to include the South County property. He believed the County has already gone so far into mitigation that it is ridiculous to include other mitigation requirements. Commissioner Tippin also favored further dialogue. Commissioner Stanbridge agreed further discussion is necessary and felt that the Plan should include all state and federal lands. Commissioner Ginn was very disturbed that marching orders are coming from a non- profit on profit agency whose directors do not reside in Florida and felt that it was time for the County to go to court and sue the State and the Sebastian Inlet Taxing District. Attorney Adelson noted that he would carry the Board's message home to Tallahassee and recommended that the dialogue continue. CONSENSUS was reached to set a meeting with DEP in Tallahassee and revise the agreement to include the South County property, the state and federal lands, and to further discuss the State's financial contribution to the Plan. MARCH 2, 1999 6 46 11.G.1. MARINE TURTLE MONITOR CONSULTANT FOR PEP REEF - AGREEMENT WITH CHRISTINE PERRETTA (FORMER AGREEMENT WITH AQUATIC RESEARCH [FLETEMEYER]� The Board reviewed a Memorandum of February 22, 1999: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Directo FROM: Jeffrey R. Tabar, P.E. ` / Coastal Engineer J SUBJECT: Professional Services Agreement - Marine Turtle Monitor Consultant for PEP Reef DATE: February 22, 1999 DESCRIPTION AND CONDITIONS At the July 21, 1998 Board of County Commissioners regular meeting, the Board approved staff recommendation to terminate the professional services agreement with Aquatic Research, Conservation and Safety (John Fletemeyer). This agreement was for professional services to monitor marine turtle activity as it related to the PEP Reef project. ALTERNATIVES AND ANALYSIS Pursuant to the Florida Department of Environmental Protection (FDEP) permit (Special Condition No. 11), the County shall conduct marine turtle monitoring of nesting activity during the project test period. The test period shall begin following project installation and run for a period not to exceed three years, (ending September, 1999). Therefore the County is without a monitor for the 1999 nesting seasons. County staff has contacted several consultants to provide the required professional services. A proposal has been received from Christine Perretta for the amount of $20,500 to conduct the necessary monitoring and- to generate a final report to complete the 1999 nesting season. The State of Florida Bureau of Protected Species Management has provided a letter indicating that the above consultant is qualified and holds a FDEP certification to conduct marine turtle monitoring in accordance with the Department's guidelines. RECOMMENDATIONS AND FUNDING Staff recommends approval of the professional services agreement for Christine Perretta to provide the PEP Reef turtle monitoring for the 1999 nesting season. The professional services fee totals $20,500. Funding to be from Beach Restoration Account 128-144-572- e*1 -5.3- 033�? MARCH 2, 1999 -39- BOOK 103 PAGE 93 BOOK 103 FAGS 494 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Agreement with Christine Perretta to provide the PEP Reef turtle monitoring for the 1999 nesting season for a fee of $20,500, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. WINTER RECREATIONAL BEACH USER SURVEY - APPLIED TECHNOLOGY AND MANAGEMENT - AMENDMENT NO.1 The Board reviewed a Memorandum of February 22, 1999: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E.,- Public Works Director FROM: Jeffrey R. Tabar, P.E. / Coastal Engineer SUBJECT: Amendment No. 1 to Professional Services Agreement with Applied Technology and Management for Winter Recreational Beach User Survey REF. MEMO: Karyn Erickson to Jeff Tabar dated Feb. 9, 1999 DATE: February 22, 1999 DESCRIPTION AND CONDITIONS During the Board of County Commission regular meeting on January 19, 1999, the Board approved performing a Winter Recreational Beach User Survey for the Beach Preservation Plan - Economic Analysis. The County's consultant, Applied Technology & Management, has proposed to add the additional services to the professional services agreement for a fee of $21,950. ,ALTERNATIVES AND ANALYSIS The additional work includes seven (7) survey days along the project areas, an evaluation of the survey data and completing the necessary revisions to the findings of the Phase I report. MARCH 29 1999 Q 1 R RECOMMMATIONS AND FUNDING Staff recommends approval of the attached Amendment No.l, increasing the contract cost with Applied Technology and Management by $21,950 -from $117,888 to $139,838. Funding to be from account #128-144-572-033.19. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved Amendment No. 1 to the Agreement with Applied Technology and Management, for anew contract cost of $139,838, as recommended by staff. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.3. OSLO ROAD AND 27TH AVENUE - INTERSECTION IMPROVEMENTS AND 5 -LANE WIDENING -CHANGE ORDER #2 - DICKERSON FLORIDA The Board reviewed a Memorandum of February 16, 1999: TO: James Chandler, County Administrator l' THROUGH: James W. Davis, P.E., Public Works Directot� AND Christopher J. Kafer, Jr., P.E., County Engin FROM: Michelle A. Gentile, CET, Civil Engineer wk SUBJECT: Change Order No. 2 for Intersection Improvements to Oslo Road & 27' Avenue and 5 Lane Widening of Oslo Road - IRC Project No. 9723 DATE: February 16, 1999 DESCRIPTION AND CONDITIONS Construction of the above mentioned road is underway. A portion of Oslo Road was closed between 27' Avenue and 33' Avenue allowing contractors to install reinforced concrete pipe in the Sub - Lateral Canal. The select bedding material used to backfill over this pipe did not meet the FDOT's gradation requirements, but exhibited a high permeability rate. Therefore Dickerson Florida, Inc. has agreed to reduce the unit price for this material by $3.00 a cubic yard. This will change the unit price from $15.90 per cubic yard to $12.90 per cubic yard. The amount to be credited to the contract will be $16,650.00. There are a couple of structures that need to be lowered to prevent stormwater overflow from the Oslo Road Project onto the undeveloped land. The total cost for this adjustment will be $726.00. MARCH 2, 1999 L- -41- BOOK 108 PAGE 495 BOOK 108 PAGUE4,96 A temporary signal had to be installed due to the late delivery date for the mast arms (14-16 weeks) for this intersection. Mast arm delivery is expected to be near the end of the Contract Date of April 28, 1999. The total cost for this temporary signal is $5,335.00. An existing pipe was located in the field that was not originally shown on the IRC survey. This pipe will have to be removed at a total cost of $1,100.00. RECOMMENDATIONS Staff recommends approval of the attached Change Order No. 2 in the amount of $9,489.00. This amount will be deducted from the current contract amount of $1,214,378.30. This will result in a new contract price of $1,204,889.30. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board unanimously approved Change Order #2 with Dickerson Florida in the amount of $9,4892 resulting in a new contract price of $1,204,889.30, as recommended by staff. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.4. RESOLUTIONS 99-018 AND 99-019 - PAVING AND DRAINAGE IMPROVEMENTS TO 18TH AVENUE BETWEEN 1sT PLACE AND 2"DSTREET (PROVIDING AND TIME & PLACE RESOLUTIONS) The Board reviewed a Memorandum of February 18, 1999: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director, AND In' Christopher J. Kafer, Jr., P.E., County Engin / FROM: Michelle A Gentile, CET, Civil Engineer r SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for: 18TH AVENUE BETWEEN IST PLACE AND 2ND STREET IRC PROJECT NO. 9606 DATE: February 18, 1999 DESCRIPTION AND CONDITIONS The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for the following: 18TH AVENUE BETWEEN 1 ST PLACE & 2ND STREET The petition was signed by owners of six of the eight properties in the proposed benefitted area. This represents 75% of the parcels in the proposed benefitted area who are in favor of having this road paved. MARCH 2, 1999 0 A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, April 6, 1999 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. RECOMMENDATION AND FUNDING It is recommended that the Board: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $22,327.76 from the Petition Paving Account #111-214-541-0359.51 . 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 99-018 providing for certain paving and drainage improvements to 18' Avenue between 1' Place and 2 d Street, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefitted. Providing (First Resolution) 3/25/97(ENG)RESI.MAG\ktp RESOLUTION NO. 99- 18 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 18TH AVENUE BETWEEN 1sT PLACE & 2ND STREET, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 18th Avenue between V Place and 2ad Street. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total Estimated cost of the proposed paving and drainage improvements is TWENTY TWO THOUSAND THREE HUNDRED TWENTY SEVEN DOLLARS and SEVENTY SIX CENTS ($22,327.76); and MARCH 2, 1999 r� u -43- 8OOK 108 PAGE 4917 I BOOK 108 PAGEa,98 No. 99- 18 WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefitted, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project ($16,745.82) which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefitted plus' two percent (2%) of the property owners assessment for collection fees and twenty-five percent (25%) of the total cost of the project ($5,581.94) will come from Petition Paving Account. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefitted thereby and further designated by the assessment plat with respect to the special assessments; and WHEREAS, the special assessment shall become due and payable at the Indian River County Utility Services Department ninety (90) days after the final determination of the special assessment pursuant to Section 206.08, Indian River County Code; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lot 8, Block A, Moreland S/D, Lot 9, Block A, Moreland S/D, Lot 10, Block A, Moreland S/D, Lot 11, Block A, Moreland S/D, Lot 1, Block B, Moreland S/D, Lot 2, Block B, Moreland S/D, Lot 3, Block B, Moreland S/D and Lot 4, Block B, Moreland S/D NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMAUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and -drainage improvements to 18di Avenue between I° Place & 2nd Street (Moreland S/D); heretofore designated as Public Works Project No. 9606 is hereby approved subject to the terms outlined above and all applicable requirements of Chapter 206, et seq. Indian River County Code. MARCH 2, 1999 —44— n • No. 99- 18 • The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner r,; nn and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice -Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner John B. Tippin Aye Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution passed and adopted this 2 day of March , 1999. BOARD OF COUNTY COMMISSIONERS OF 77, RIVER CO FLORIDA By enneth R Welt, Chairman Attest: JEURgY K. BARTO k MARCH 2, 1999 -45- BOOK 106- PAGE 99 I • BOOK 108 PAGE '® ON MOTION by Commissioner Adams, SECONDED by Commissioner Grin, the Board unanimously adopted Resolution 99-019 setting a time and place at which the owners of property on 18' Avenue between 1' Place and 2' Street and other interested persons may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. Time and Place (Second Resolution) 3/25/97(ENG)RES2.MAG\ktp RESOLUTION NO. 99- 19 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 18m AVENUE BETWEEN IST PLACE AND 2ND STREET AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No.9 9 -1 S . determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described herein, that paving and drainage improvements be made to said property; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property, as to the cost thereo& as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby, MARCH 2, 1999 -46- • • RESOLUTION NO. 99-19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, April 6, 1999, at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard to said property. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner g; , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 2_ day of March , 1999. MARCH 2, 1999 -47- BOOK 103 PAGE 5'Uj RESOLUTION NO. 99- 19 BOARD OF COUNTY COMNIISSIONERS INDLkN CO , ORIDA By Kenn N16cht, Chairman Jeffrey arton, Clerk Attachment: ASSESSMENT ROLL BOOK 108 PAGE 502 PRELIMINARY COST ESTIMATE FOR 18TH AVENUE FROM IST PLACE TO 2ND STREET PROJECT # 9606 MARCH 2, 1999 TOTAL L.F. 432.13 TOTAL F.F. 846.00 1. ENGINEERING $1,119.22 $2.59/L.F. 2. CONSTRUCTION 512.546-G2 SUB -TOTAL 3. PERMIT FEES $350.00 4. TESTING $600.00 5. ROW ACQUISITION & N/A TITLE SEARCH 6. 3.016670/6 % $623.42 ADMINISTRATION OF ENGINEERING & CONSTRUCTION 7. RECORDING FEE 588.50 SUB -TOTAL 5],661.92 $22 327.76 TOTAL COST OF PROJECT 75% TO BE PAID BY PROPERTY OWNERS $16,745.82 55,581.94 25% TO BE PAID BY COUNTY $334.92 2% TAX COLLECTOR'S FEE (75% FIGURE) 517,080.74 TOTAL COST TO PROPERTY OWNERS COST PER F.F.520.19 MARCH 2, 1999 m 0 0 • 0 PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 18TH AVENUE FROM IST PLACE TO 2ND STREET N 1-► TOTAL FRONT FEET.......... 846 COST TO PROPERTY OWNERS.......... $17,0$0.74 PROJECT NO, 9606 COST PER FRONT FOOT.... $20.19 FRONT NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST * 1. William C. Ware 14-33-39-00017-0001-00008.0 106.30 $20.19 $2,146.20 166 18th Avenue Lot 8, Block A, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 * 2. Harold D. & Wilma Lee Ballard 14-33-39-00017-0001-00009.0 105.50 $20.19 $2,130.05 176 18th Avenue Lot 9, Block A, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 * 3. Grace L. Miller 14-33-39-00017-0001-00010.0 105.00 $20.19 $2,119.95 186 18th Avenue Lot 10, Block A, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 * 4. George A & Patricia DeForest, III 14-33-39-00017-0001-00011.0 106.20 $20.19 $2,144.18 196 18th Avenue Lot 11, Block A, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 *5 Roman J. & Virginia J. Walewski 14-33-39-00017-0002-00001.0 106.3 $20.19 $2,146.20 1805 2nd Street Lot 1, Block B, Moreland S/D Vero Beach, Florida 32962 PBI 4-12, OR Book 444, PP 594 9606PRE.WK4 1 02116/99 • 0 W PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS �' TO: 18TH AVENUE FROM 1ST PLACE TO 2ND STREET TOT846 COST TO PROPERTY OFRONTFEET WNERS.......... $17,080.74 9606 COST PER FRONT FOOT.... $20.19 FRONT NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST 6. George F. & Beveraly Jean Evans 14-33-39-00017-0002-00002.0 105 $20.19 $2,119.95 27920 Knickerbocker Lot 2, Block B, Moreland S/D Bay Village, OH 44140 PBI 4-12, OR Book 459, PP 791 * 7. Daniel L. & Rose B. Schmitz 14-33-39-00017-0002-00003.0 105.5 $20.19 $2,130.05 p 175 18th Avenue Lot 3, Block B, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 * 8. Neil R. & Linda Manning 14-33-39-00017-0002-00004.0 106.2 $20.19 $2,144.18 18201 st Place Lot 4, Block B, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 * = SIGNED PETITION 9606PRE.WK4 a 846.00 $20.19 $17,080.74 TOTAL FRONT COST PER F.F. TOTAL ASSESSMENT FOOTAGE w 0 0 2 02/16/99 co _I L_J 11.G.5. RESOLUTIONS 99-020 AND 99-021- PAVING AND DRAINAGE IMPROVEMENTS TO 1sT STREET BETWEEN 16TH AVENUE AND 18TH AVENUE (MORELAND SUBDIVISION (PROVIDING AND TIME & PLACE RESOLUTIONSI The Board reviewed a Memorandum of February 18, 1999: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Direct AND Christopher J. Kafer, Jr., P.E., County Engin FROM: Michelle A. Gentile, CET, Civil Engineer SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for: lar STREET BETWEEN 167H AVENUE AND 18TH AVENUE IRC PROJECT NO. 9721 DATE: February 18, 1999 DESCRIPTION AND CONDITIONS The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for the following: IsT STREET BETWEEN 16TH AVENUE AND 18TH AVENUE The petition was signed by owners of sic of the eight properties in the proposed benefitted area. This represents 75% of the parcels in the proposed benefitted area who are in favor of having this road paved. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, April 6, 1999 at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. RECOMMENDATION AND FUNDING It is recommended that the Board: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terns outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $26,756.01 from the Petition Paving Account #1 11 -214 -541 -035. -39 -.St 3) Adopt a resolution setting the time and place of the Public Hearing. MARCH 29 1999 -51- �i BOOK x 08 PAGE 5 15 Fr- • BOOK 103 PAGE 50 ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 99-020 providing for certain paving and drainage improvements to l' Street between 16* Avenue and 18'` Avenue (Moreland Subdivision), providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefitted. Providing (First Resolution) 3/25/97(ENG)RESI.MAG1ktp RESOLUTION NO. 99- 2 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 1gT STREET BETWEEN 16TH AVENUE AND 10 AVENUE (MORELAND SUBDMSION), PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITTED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 1 ° Street between 1 & Avenue and I e Avenue. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is TWENTY-SIX THOUSAND SEVEN HUNDRED FIFTY SIX DOLLARS and .ONE CENTS ($26,756.01); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefitted, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project ($20,067.01) which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefitted plus two percent (2%) of the property owners assessment for collection fees and twenty-five percent (25%) of the total cost of the project ($6,689.00) will come from Petition Paving Account. Assessments are to be levied against all lots MARCH 211999 -52- • • No. 99- 20 and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefitted thereby and further designated by the assessment plat with respect to the special assessments; and WHEREAS, the special assessment shall become due and payable at the Indian River County Utility Services Department ninety (90) days after the final determination of the special assessment pursuant to Section 206.08, Indian River County Code; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payments to be due yearly, and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvement, to wit: Lots 1 through 3, Block E, Moreland S/D, Lots 7 through 8, Block E, Morelane S/D AND The Moreland S/D, Lot 4, Bl. D, LESS Ely 100 feet & also LESS the following described parcel: Beg at SE cor of Lot 6, S 61.13 ft more or less to edge of water of an existing lake as shown on said plat, th meander Wly along edge of water to a point, said point being 53.0 ft more or less S of SW cor of Lot 6, th N to SW cor of Lot 6 th along S line to POB, LESS that portion of Lot 4, Bl. D being more particularly described as follows: Beg at the found 4" x 4" concrete monument marking the SW cor of said Lot 5 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 1° Street between 16m Avenue and 18°i Avenue (Moreland Subdivision); heretofore designated as Public Works Project No. 9721 is hereby approved subject to the terms outlined above and all applicable requirements of Chapter 206, et seq. Indian River County Code. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner T i n o i n and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice -Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner John B. Tippin Aye Commissioner Ruth Stanbridge Aye MARCH 2, 1999 -53- • BOOK 108 PACE507 r • BOOK 108 PAGE 508 No. 99-_-2n- The Chairman thereupon declared the resolution passed and adopted this Z day of March -1999. BOARD OF CO ONERS OF INDR CO RIDA By Kenneth R. Macht, Chairman Attest: K BAR}T� O 4'' kit�� ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously adopted Resolution 99-021 setting a time and place at which the owners of properly on 11 Street between 16t` Avenue and 18'h Avenue (Moreland Subdivision) and other interested persons may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefitted thereby. Time and Place (Second Resolution) 3/25/97(ENG)RES2.MAG\ktp MARCH 2, 1999 RESOLUTION NO. 99- 21 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 1sT STREET BETWEEN 16TH AVENUE AND 18TH AVENUE (MORELAND SUBDMSION) AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBY. -54- • RESOLUTION NO. 99- 21 WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 9 9 - 2 0 . determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described herein, that paving and drainage improvements be made to said property; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property, as to the cost thereof as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefitted thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday. April 6. 1999 at which time the owners of the properties to be assessed and any other interested persons may appear before said Commission and be heard in regard to said property. The area to be improved and the properties to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specially benefitted may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 AM. until 5:00 P.M. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. MARCH 29 1999 -55- BOOK I M PAGE 509 BOOK 108 PACE 510 RESOLUTION NO. 99- 21 The resolution was moved for adoption by Commissioner Adams and the motion was seconded by Commissioner T i on i n , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Ruth Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 day of M a r c h 1999. BOARD OFCOUNTY COMMISSIONERS INDIAN COUNTY, FLORIDA By -F AA4 enneth R. acht, Chairman (Attest: Jeffre n, Clerk f 0� Attachment: ASSESSMENT ROLL MARCH 2, 1999 S� Q PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE HvIPROVEMENTS TO: 1ST STREET FROM 16TH AVENUE TO 18TH AVENUE 0 cc TOTAL FRONT FEET.......... 919.1 COST TO PROPERTY OWNERS.......... $20,468.36 PROJECT NO, 9721 COST PER FRONT FOOT.... $22.27 FRONT NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST * 1. Richard M. & Winifred L. Whitney 14-33-39-00017-0005-00001.0 100.00 $22.27 $2,227.00 1605 1 st Street Lot 1, Block E, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 2. Edmund B. Chudzinski 14-33-39-00017-0005-00007.0 158.90 $22.27 $3,538.70 501 Belfast Terrace Lot 7, Block E, Moreland S/D t` Sebastian, Florida 32958 PBI 4-12 3. Norma L. Grace 14-33-39-00017-0005-00008.0 95.00 $22.27 $2,115.65 27 Willow Road Lot 8, Block E, Moreland S/D Greenville, RI 02828 PBI 4-12 * 4. William M. & Janice K, Smith, Jr. 14-33-39-00017-0005-00009.0 100.00 $22.27 $2,227.00 13018th Avenue Lot 9, Block E, Moreland S/D Vero Beach, Florida 32962 PBI 4-12 * 5 Larry R & Lucy Kline 14-33-39-00017-000400002.0 100.00 $22.27 $2,227.00 16261 st Street Lot 2, Block D, Moreland S/D ON ON Vero Beach, Florida 32962 PBI 4-12 ON N 9721PRE.WK4 7 02/15/99 1 40 ".A 0 cc PRELIMINARY ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 1ST STREET FROM 16TH AVENUE TO 18TH AVENUE TOTAL FRONT FEET.......... 919.1 COST TO PROPERTY OWNERS.......... $20,468.36 PROJECT NO 9 2� COST PER FRONT FOOT.... $22.27 FRONT NAME & ADDRESS LEGAL DESCRIPTION FOOTAGE COST/F.F. TOTAL COST * 6. Larry R. & Lucy Kline 1626 1st Street Vero Beach, Florida 32962 * 7. William W. & Janice K Smith 130 18th Avenue Vero Beach, Florida 32962 * = SIGNED PETITION 9721 PRE. WK4 14-33-39-00017-0004-00003.0 Lot 3, Block D, Moreland S/D PBI 4-12, OR Book 444, PP 594 14-33-39-00017-0004-00004.0 The Moreland S/D, Lot 4, Bl. D, LESS Ely 100 feet & also LESS the following described parcel: Beg at SE cor of Lot 6, S 61.13 ft more or less to edge of water of an existing lake as shown on said plat, th meander Wly along edge of water to a point, said point being 53.0 ft more or less S of SW cor of Lot 6, th N to SW cor of Lot 6 th along S line to POB, LESS that portion of Lot 4, Bl. D being more particularly described as follows: Beg at the found 4" x 4" concrete monument marking the SW cor of said Lot 5 2 100.00 $22.27 $2,227.00 265.20 $22.27 $5,906.00 00 v1 O� o� 919.10 $22.27 $20,468.36 TOTAL FRONT COSTPERE.F. TOTALASSESSMENT N FOOTAGE 02/15/99 .7 PRELMNARY COST ESTIMATE FOR I ST STREET FROM 16TH AVENUE TO 18TH AVENUE PROJECT N 9721 SUB -TOTAL SIJ83.07 TOTAL COST OF PROJECT 526,756.01 75% TO BE PAID BY PROPERTY OWNERS 25% TO BE PAID BY COUNTY 20,067067. SZ0.01 00 2'/e TAX COLLECTOR'S FEE (75%FIGURE) S401.34 TOTAL COST TO PROPERTY OWNERS S20 468.35 COST PER F.F. r 522,27 MARCH 2, 1999 BOOK 103 PAGE 5j e� -59- TOTAL LF. 506.71 TOTAL F.F. 919.10 1. ENGINEERING $1,312.38 52.59/1-F. 2. CONSTRUCTION S23.660.56 SUB -TOTAL 51.4.M.94 3. PERMIT FEES 5350.00 4. TESTINO 5600.00 5. ROW ACQUISITION & N/A TITLE SEARCH 6. 2.985512% % S745.57 ADMINISTRATION 7. RECORDING FEE 587.50 SUB -TOTAL SIJ83.07 TOTAL COST OF PROJECT 526,756.01 75% TO BE PAID BY PROPERTY OWNERS 25% TO BE PAID BY COUNTY 20,067067. SZ0.01 00 2'/e TAX COLLECTOR'S FEE (75%FIGURE) S401.34 TOTAL COST TO PROPERTY OWNERS S20 468.35 COST PER F.F. r 522,27 MARCH 2, 1999 BOOK 103 PAGE 5j e� -59- BOOK 108 wE 14 B.A. CHAIRMAN KENNETH R. MACHT - REPORT ON NACO CONFERENCE IN WASHINGTON, D.C. ON Y2K PROBLEMS Chairman Macht reported that he had attended a very productive meeting in Washington with County Attorney Vitunac covering the Y2K situation. He will distribute copies of documentation received and a video. NO ACTION REQUIRED OR TAKEN. 14.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. Chairman Macht introduced City of Vero Beach Councilman Jack Grossett who is covering the Board's meetings as the liaison with the City of Vero Beach. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:31 a.m. ATTEST: C:; -) � ��) �, � J. K. arton, Clerk Minutes Approved: /9 9 MARCH 2, 1999