Loading...
HomeMy WebLinkAbout5/11/19990 MINUTES ATTACHED 0 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, MAY 11, 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 3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R Macht 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 11.C. Food Service Concession License 13.3. Vice Chairman Adams - Personal Comment DELETION: 7.G. Out -of -County Travel for Chairman Macht to Attend NACO Conference in St. Louis, Mo. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of April 27,1999 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: (1) IRC District School Bd. Financial & Compliance Audit Report No. 13444 for FY Ended 06/30/98 (2) Report of Convictions, April, 1999 (3) Office of St. Attorney, 19'h Judicial Circuit, Operational Audit Report for the Period from 01/01/98 thru 12/31/98 (4) Ofc. of Public Defender, 19'h Judicial Circuit, for the period from 01/01/98 thru 12/31/98 B. Proclamation Designating May 9-15, 1999 as National Police Week and May 14, 1999 as Indian River County Police Memorial Day C. Approval of Warrants (memorandum dated April 29, 1999) 2-15 D. Request for Floodplain Cut and Fill Balance Waiver for Lot 16, Block 14, Vero Lakes Estates, Unit 2 (memorandum dated May 3, 1999) 16-19 BOOK 0 `.k p BOOK FriUt.% 7. CONSENT AGENDA kont'd )• BACKUPPAGES E. Out -of -County Travel for Comm. Ruth Stanbridge to Attend Hurricane Conference in Tampa, FL on June 9, 1999 (memorandum dated May 5, 1999) 20-22 F. Out -of -County Travel for Commissioners to Attend FAC Conference in Orlando, June 23-25, `99 23-25 G. Out -of -County Travel for Comm. Macht to Attend NACO Conference in St. Louis, Mo., July 16-20, `99 26-27 H. Florida Inland Navigation District Grant Application (letter dated May 4, 1999) 28-34 I. Appointment to Treasure Coast Sports Commission (memorandum dated May 5, 1999) 35 J. St. Edward's School Conservation Easement (memorandum dated May 3, 1999) 36-42 K. Oak Island Contract for Construction of Required Improvements - Request for a 90 -Day Extension to Complete Landscaping Work (memorandum dated April 30, 1999) 43-46 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS Request to Amend Chapter 953, Fairshare Roadway Improvements Ordinance, of the Land Development Regulations (memorandum dated May 4, 1999) 47-144 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS Notice of Re -Scheduling Public Hearing to June 22, 1999 Instead of May 18th: A Resolution of IRC, FL. Adopting Rates, Fees and Charges for the Dept. of Utility Services, Pursuant to the Authority of Ordinance No. 91-1 (memorandum dated May 4, 1999) 145-152 10. COUNTY ADMINISTRATOR'S MATTERS None - 11. DEPARTMENTAL WIATTERS A. Community Development Approval of Management Plan for the Jungle Trail Conservation Area (Cairns and Irwin Tracts) for Transmittal to the State (memorandum dated May 4, 1999) 153-163 B. Vice Chairman Fran B. Adams C. Commissioner Caroline D. Ginn D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BOOK . WE IZ0 7 J BACKUP 11. DEPARTMENTAL MATTERS (cont'd ): PAGES B. Emergency Services None C. General Services None D. Leisure Services None - E. Office of Management and Budget None F. Personnel None G. Public Works Award of Bid #9056 - McCully Marine Services Artificial Reef Project (memorandum dated May 4, 1999) 164214 H. Utilities Floravon Shores Subdivision Petition Water Service (I 10' Place) (memorandum dated May 3, 1999) 215-230 I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Kenneth R. Macht B. Vice Chairman Fran B. Adams C. Commissioner Caroline D. Ginn D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BOOK . WE IZ0 7 J BOOK FAGt BACKUP 14. SPECIAL DISTRICTSBOARDS PAGES A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None -- 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. _ Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF MAY 119 1999 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA ................................... 1 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2 6. APPROVAL OF MINUTES ........................................ 2 7. CONSENT AGENDA ............................................ 2 7.A. Reports .................................................. 2 7.13. Proclamation - National Police Week May 9-15, 1999 and Indian River County Police Memorial Day May 14, 1999 ...................... 2 7.C. Approval of Warrants ....................................... 3 7.D. Floodplain Cut and Fill Balance Waiver - Lot 16, Block 14, Vero Lake Estates, Unit 2 (Ameron Homes, Inc.) .......................... 15 7.E. Out -of -County Travel - Commissioner Stanbridge to Attend Hurricane Conference in Tampa ....................................... 16 7.F. Out -of -County Travel for Commissioners to Attend FAC Conference in 7.G. Orlando................................................. Out -of -County Travel for Commissioner Macht to Attend NACO 16 Conference in St. Louis, Mo. July 16-20 ........................ 17 7.H. Resolution 99-042 - Florida Inland Navigation District Grant Application for Equipment for Sheriff's Office Marine Unit ................... 17 7.I. Commissioner Tippin Appointed Board's Representative to Treasure Coast 7.1. Sports Commission ........................................ St. Edward's School Conservation Easement ..................... 20 20 7.K. Oak Island Contract for Construction of Required Improvements - 90 -Day Extension to Complete Landscaping Work ...................... 23 9.A. PUBLIC HEARING - ORDINANCE NO. 99-014 AMENDING CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS (TRAFFIC IMPACT FEE) ORDINANCE - LAND DEVELOPMENT REGULATIONS .............. 24 9.C. PUBLIC NOTICE ITEM - RESCHEDULED PUBLIC HEARING TO CONSIDER NEW RATES, FEES AND CHARGES FOR DEPARTMENT OF UTILITY SERVICES - JUNE 221, 1999 .............................. 55 1 LA. JUNGLE TRAIL MANAGEMENT PLAN - FINAL DRAFT FOR TRANSMITTAL TO LAMAC (CAIRNS AND IRWIN TRACTS) ......... 55 1 BOOK x.09 Fsr. BOOK pt1Gr,„ )lo 11.C. DISCUSSION CONCERNING TERMINATION OF FOOD SERVICE CONCESSION LICENSE - TROGDON (ORIGINALLY BARKER) ....... 60 11.G. BID #9056 - ARTIFICIAL REEF PROJECT - McCULLY MARINE SERVICES, INC.......................................................... 61 11.11. PETITION WATER SERVICES - FLORAVON SHORES (110TH PLACE) .. 63 13.13. VICE CHAIRMAN FRAN ADAMS - COMMENT ON PERSONAL MATTER ............................................................. 65 2 0 0 May 11, 1999 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25 I Street, Vero Beach, Florida, on Tuesday, May 11, 1999. Present were Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Caroline D. Ginn; Ruth Stanbridge; and John W. Tippin. Also present were James E. Chandler, County Administrator, Charles P. Vitunac, CountyAttorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Ginn delivered the invocation. 3. PLEDGE OF ALLEGIANCE Chairman Macht led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Macht announced the addition of item 11.C., Discussion on Termination of Food Service Concession License. Commissioner Adams requested the addition of item 13.B., Personal Comment. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously added the above items to the agenda. (CLERK'S NOTE: Later, the Board deleted item 7.G. from the agenda at the request of Chairman. Macht.) MAY 119 1999 1 r BOOK 19 FAGS 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 27, 1999. There were none. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approvedthe Minutes of the Regular Meeting of April 27, 1999, as written and distributed. 7. CONSENT AGENDA Chairman Macht requested that item 7.G. be separated for discussion. 7.A. Reports The following report has been received and placed on file in the office of the Clerk to the Board: (1) Indian River County District School Board Financial & Compliance Audit Report No. 13444 for FY ended 6/30/98 (2) Report of Convictions, April 1999 (3) Office of State Attorney, 19* Judicial Circuit, Operational Audit Report for Calendar Year 1998 (4) Office of Public Defender, 19" Judicial Circuit Operational Audit Report for Calendar Year 1998 NO ACTION REQUIRED OR TAKEN. Z.B. Proclamation - National Police Week May 9-15, 1999 and Indian River County Police Memorial Day May 14, 1999 MAY 119 1999 2 '& v'- - PROCLAMATION DESIMWMC; MAY 9 - MAY 13, 1999 As IWIGNAL POLICE WEEK AND MAY 14, 1999 AS SNDIAN RItIER COMM POLICE MEMORIAL DAY WHEREAS, the annual observance of National Police Week is May 9 through May 15, 1999 and our county -wide law enforcement agencies are having their third observance of "Indian River County Police Memorial Day" hosted by the •Indian River County Sheriff's Office on May 14, 1999 at the Indian River County Courthouse; and WHEREAS, the law enforcement officers are our guardians of life and property, defenders of the individual right to be free men and women, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness; and WHEREAS, Indian River County desires to honor the valor, service and dedication of its own police officers; and WHEREAS, it is known that every two days an American police officer will be killed in the line of duty somewhere in the United States, 136 officers will be seriously assaulted in the performance of their duties, and our community joins with other cities, towns and counties to honor all peace officers everywhere: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of May 9 through May 15, 1999 be designated as National Police Week and that May 14, 1999 be proclaimed INDIAN RIVER COUNTY POLICE MEMORIAL DAY and the Board calls upon all the citizens of this community to honor and show sincere appreciation for police officers by deed, remark and attitude. The Board further asks our citizens to make every effort to express their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected by men and women willing to sacrifice their lives if necessary, to guard our loved ones, our property and our government against all who would violate the law. Adopted this 11 day of May, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA neth R. Macht, �airman 7. C. Approval of Warrants The Board reviewed a Memorandum of April 29, 1999: TO: HONORABLE BOARD OF COUNTY COMNIISSIONERS DATE: APRIL 29, 1999 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN X FRY, JR., FINANCE DIRECTOR MAY 119 1999 3 BaOKFAct BOOK QA,'� 4 r, PCU � , r 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 April 23 to April 29, 1999. Attachment: ON MOTION by Commissioner Grin, SECONDED BY Commissioner Adams, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period April 23-29, 1999, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019943 HIGHMARK LIFE INSURANCE 1999-04-21 .00 VOID 0019946 TEAMSTERS LOCAL UNION NO 769 1999-04-23 4,084.32 0019947 KRUCZKIEWICZ, LORIANE 1999-04-28 138.50 0019948 BREVARD COUNTY CLERK OF THE 1999-04-28 963.04 0019949 ORANGE COUNTY CLERK OF THE 1999-04-28 135.20 0019950 ST LUCIE COUNTY CLERK OF THE 1999-04-28 724.98 0019951 RICHLAND COUNTY CLERK OF THE 1999-04-28 150.00 0019952 VELASQUEZ, MERIDA 1999-04-28 200.00 0019953 INDIAN RIVER COUNTY CLERK OF 1999-04-28 5,387.97 0019954 INDIAN RIVER COUNTY BOARD OF 1999-04-28 206.94 0019955 INTERNAL REVENUE SERVICE 1999-04-28 300.00 0019956 VERO BEACH FIREFIGHTERS ASSOC. 1999-04-28 1,992.00 0019957 INDIAN RIVER FEDERAL CREDIT 1999-04-28 84,126.52 0019958 COLONIAL LIFE & ACCIDENT 1999-04-28 257.69 0019959 NACO/SOUTHEAST 1999-04-28 5,787.90 0019960 SALEM TRUST COMPANY 1999-04-28 596.21 0019961 OKEECHOBEE CO., PMTS DOMES REL 1999-04-28 167.25 0019962 WISCONSIN SUPPORT COLLECTIONS 1999-04-28 23.08 0245353 MCKINNEY, LEE 1998-07-02 .00 VOID 0245361 GULFSTREAM BUILDING 1998-07-02 .00 VOID 0245976 TACO BELL #3971 1998-07-16 .00 VOID 0245982 S B M RENTALS INC 1998-07-16 .00 VOID 0246004 BERGAMINO JR, JOSEPH 1998-07-16 .00 VOID 0246025 PERRY, FRANK L 1998-07-16 .00 VOID 0246756 L & L BUILDERS 1998-07-30 .00 VOID 0246767 DODSON, THOMAS OR CAROLE 1998-07-30 .00 VOID 0246778 MC CLINTON, TONYA 1998-07-30 .00 VOID 0246783 0 NEAL, DOROTHY 1998-07-30 .00 VOID 0246794 SPEARS, PRISCILLA 1998-07-30 .00 VOID 0246806 SNIPES, CHIQUITA 1998-07-30 .00 VOID 0247196 ECONO LODGE 1998-08-13 .00 VOID 0247335 STANLEY, JOHN & DELORES 1998-08-13 .00 VOID 0247375 WAL MART 1998-08-13 .00 VOID 0247377 BRANDON CAPITAL CORP 1998-08-13 .00 VOID 0247393 BELL, CLAUDETTE 1998-08-13 .00 VOID 0247430 MORGAN, YOLANDA 1998-08-13 .00 VOID 0247448 DOOLING, JAMES 1998-08-13 .00 VOID 0247454 MOSLEY, LILLIE M JENKINS 1998-08-13 .00 VOID 0247462 SACKVILLE, WALTER 1998-08-13 .00 VOID 0247509 BROWN, DONALD JR 1998-08-20 .00 VOID MAY 119 1999 4 CHECK NAME NUMBER 0247611 HAEFNER,LAURA A SINGLE PERSON 0247789 WINN DIXIE STORE 0247858 HALL, JEWELS AND CITY OF VERO 0248159 WAL-MART STORES, INC 0248186 BARTON, MARK 0248247 WIGHT, DEBORAH 0248249 MALINOS, SUSAN L 0248258 ALLEN, KRISTEN D 0248263 ROBERTS, JAMES E 0248537 STILLER, MARSHA 0248581 WEST, JAMES W III 0248787 BRITT,JEFFREY L 0248802 UNION NATIONAL BANK 0248808 SCHMITZ, JOHANN 0248811 MAAG AGROCHEMICAL 0248815 INDIAN BEACH ASSOC, INC 0248855 DUBORD, DOROTHY A 0248866 THORPE REAL ESTATE 0249101 PANKIEWICZ-FUCHS, PATRICIA A 0249168 VERO BEACH POLICE DEPARTMENT 0249494 BROWN, HUBERT & LOLA 0249512 ANDERSON, SCOTT P 0249519 JENRETTE, MORRIS & CAROLINE 0249924 AMERICAN INSULATION INC 0249930 SHAW, THERESA 0249938 COTUGNO, JOHN V 0249949 KNOX, MICHELLE 0249953 RESALE HOME NETWORK 0255958 FLORIDA BOARD OF PROFESSIONAL 0260160 BOND, MARION 0260658 HUNTER AUTO SUPPLIES 0260685 INDIAN RIVER COUNTY 0261119 OLSSON, JAY E D.0 0261250 ANDERSON, FRED 0261251 BECHT, TONYA AND CITY OF VERO 0261252 BROXTON, LYDIA 0261253 BREVCO PROPERTIES, INC 0261254 BEUTTELL, PETER M 0261255 BILKEN GROUP 0261256 BEANS, ROBERT 0261257 BROOKS, DONNA AND CITY OF VERO 0261258 BELL PROPERTY MANAGEMENT 0261259 BOUYSSOU, STEPHANE H 0261260 BLAHNIK, CHRIS OR MILDRED 0261261 BUCKNER, SHEILA & CITY OF VERO 0261262 BISHOP, SUSAN D 0261263 BROOKHAVEN, TOWN OF 0261264 BREVARD COUNTY HOUSING AUTHRTY 0261265 BLUE, YOLANDA 0261266 BACON, CHARISMA AND CITY OF 0261267 CARTWRIGHT, WILLIAM AND/ 0261268 CORR, RHODA L 0261269 COLLINS, THOMAS H 0261270 COSCO, KEN 0261271 CENTURY 21 SEATREX REALTY, INC 0261272 CARLTON, ALLAN R 0261273 C P E ASSOCIATES 0261274 CAPAK, GERALD T 0261275 CUItlINGS, JERRY 0261276 COLDWELL BANKER 0261277 CLUNN, JEFFREY 0261278 CARONE, PAUL MAY 119 1999 k, CHECK DATE 1998-08-20 1998-08-20 1998-08-24 1998-08-27 1998-08-27 1998-08-27 1998-08-27 1998-08-27 1998-08-27 1998-09-03 1998-09-03 1998-09-10 1998-09-10 1998-09-10 1998-09-10 1998-09-10 1998-09-10 1998-09-10 1998-09-17 1998-09-17 1998-09-24 .1998-09-24 1998-09-24 1998-09-30 1998-09-30 1998-09-30 1998-09-30 1998-09-30 1999-01-21 1999-03-31 1999-04-15 1999-04-15 1999-04-22 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 1999-04-23 CHECK AMOUNT .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 148.00 92.00 219.00 471.00 270.00 1,694.00 226.00 59.00 1,283.00 397.00 364.00 84.00 256.00 557.64 484.64 248.00 26.00 197.00 299.00 588.00 478.00 245.00 306.00 892.00 350.00 438.00 426.00 314.00 230.00 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID BOOK PAGE • BOOK ��`� PACE40 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261279 CHAMBLISS, CHIQUITA AND CITY 1999-04-23 18.00 0261280 CARLUCCI, LEONARD A 1999-04-23 404.00 0261281 DAN PREUSS REALTY, INC 1999-04-23 274.00 0261282 DOOLITTLE JAMES A & ASSOCIATES 1999-04-23 2,952.00 0261283 DENNISON, WANDA 1999-04-23 911.00 0261284 DOVE, E WILSON 1999-04-23 267.00 0261285 DOYLE, CHERYL 1999-04-23 305.00 0261286 DIXON, LATONIA AND CITY OF 1999-04-23 8.00 0261287 EDGEWOOD PLACE (305-113) 1999-04-23 166.00 0261288 EDWARD, FRANKLIN 1999-04-23 328.00 0261289 FOGERTY, GEORGE A 1999-04-23 315.00 0261290 FRESH, DANIEL J 1999-04-23 228.00 0261291 FT PIERCE, CITY OF 1999-04-23 1,545.92 0261292 FOGARTY ENTERPRISES, INC 1999-04-23 45.00 0261293 GASKILL, ROBERT 1999-04-23 251.00 0261294 GRIMM, FLOYD OR HELEN 1999-04-23 149.00 0261295 GIFFORD GROVES, LTD 1999-04-23 11,297.00 0261296 GEORGE, MARY KIM 1999-04-23 579.00 0261297 GRACE'S LANDING LTD 1999-04-23 2,939.00 0261298 GLOVERSVILLE HOUSING AUTHORITY 1999-04-23 271.64 0261299 HAWKINS, WANDA 1999-04-23 21.00 0261300 HOLM, LEO 1999-04-23 445.00 0261301 HAMM, BEVERLY AND CITY OF VERO 1999-04-23 89.00 0261302 INDIAN RIVER INVESTMENT 1999-04-23 270.00 0261303 IMBRIANI, VINCENT 1999-04-23 451.00 0261304 JAMES A DOOLITTLE & ASSOCIATES 1999-04-23 6,703.00 0261305 JENSEN, PETER C 1999-04-23 526.00 0261306 JAHOLKOWSKI, PAUL 1999-04-23 278.00 0261307 JENNINGS, LESSIE 1999-04-23 261.00 0261308 JAHOLKOWSKI, MIKE 1999-04-23 210.00 0261309 JULIN, PAUL 1999-04-23 185.00 0261310 JONES, CECILIA AND CITY OF 1999-04-23 40.00 0261311 JONES, WILLIAM C 1999-04-23 335.00 0261312 JACOBS, CARRIE AND FLORIDA 1999-04-23 85.00 0261313 JONES, ALPHONSO 1999-04-23 258.00 0261314 KOLB, GREGORY L 1999-04-23 443.00 0261315 KUBILUS, DEBRA AND CITY OF 1999-04-23 75.00 0261316 LAWRENCE, TERRY A 1999-04-23 191.00 0261317 LLERENA, E D 1999-04-23 472.00 0261318 LANGLEY, PHILIP G 1999-04-23 230.00 0261319 LAWRENCE, CHARTENE FRANCES 1999-04-23 455.00 0261320 LINDSEY GARDEN'S APARTMENTS 1999-04-23 .00 VOID _ 0261320 LINDSEY GARDEN'S APARTMENTS 1999-04-23 .00 VOID 0261321 MIXELL, LLONALD AND/OR 1999-04-23 1,036.00 0261322 M O D INVESTMENTS 1999-04-23 1,037.00 0261323 MONTGOMERY, WILLIAM 1999-04-23 201.00 0261324 MANN, ROBERT OR WANDA ARMA 1999-04-23 203.00 0261325 MORRILL, TINA AND CITY OF 1999-04-23 31.00 0261326 MCINTOSH, SYLVESTER B JR 1999-04-23 426.00 0261327 MULLINS, B FRANK 1999-04-23 501.00 0261328 MC CLAY, ROBIN 1999-04-23 312.00 0261329 MCGRIFF, SHARON AND CITY OF 1999-04-23 28.00 0261330 MCNEAL, JAMES 1999-04-23 177.00 0261331 NELSON, DONALD J & VALENTINE R 1999-04-23 500.00 0261332 NEUHAUSER, ERNEST 1999-04-23 272.00 0261333 NIRMIKA LIVING STONES, INC 1999-04-23 337.00 0261334 OLIVER, DOROTHY 1999-04-23 400.00 0261335 ORANGE COUNTY HOUSING AND 1999-04-23 600.64 0261336 PARKER, RALPH & CITY OF VERO 1999-04-23 91.00 0261337 PALMER TRAILER PARK 1999-04-23 449.00 0261338 PITTMAN, CATHERINE & CITY OF 1999-04-23 96.00 0261339 POLLY, EMMA 1999-04-23 979.00 MAY 119 1999 LJ CHECK NAME CHECK CHECK DATE AMOUNT NUMBER = 0261340 PIERSON, JOHN H DBA 1999-04-23 322.00 0261341 POSADO, LORI 1999-04-23 375.00 0261342 PALUMBO, LOUIS 1999-04-23 294.00 0261343 REAGAN, WILLIE C 1999-04-23 810.00 0261344 RENNICK, RONALD 1999-04-23 313.00 0261345 RAUDENBUSH, ERNEST 1999-04-23 155.00 0261346 REALTY CONNECTIONS OF VERO,INC 1999-04-23 690.00 0261347 REARDANZ, MARVIN 1999-04-23 499.00 0261348 RICHARDS, WILLIAM A 1999-04-23 470.00 0261349 RODRIGUEZ, BLANCA 1999-04-23 337.00 0261350 RICOTTI, RICARDO 1999-04-23 180.00 0261351 RIVER PARK PLACE 1999-04-23 1,642.00 0261352 SCHORNER, JAMES A 1999-04-23 161.00 0261353 ST FRANCIS MANOR 1999-04-23 2,263.00 0261354 SCROGGS, BETTY DAVIS 1999-04-23 324.00 0261355 SACCO, JACQUELINE AND/OR 1999-04-23 490.00 0261356 SABONJOHN, FLORENCE 1999-04-23 268.00 0261357 SANFORD HOUSING AUTHORITY 1999-04-23 198.64 0261358 SMOAK, JEANETTE AND CITY 1999-04-23 34.00 0261359 SANDY PINES 1999-04-23 4,393.00 0261360 SHELTON, ROBERT L 1999-04-23 424.00 0261361 STARCK, MICHAEL R 1999-04-23 382.00 0261362 STRIBLING, WILLIAM JR 1999-04-23 212.00 0261363 SUNDMAN, IVAN 1999-04-23 299.00 0261364 SPARKS, DAVID 1999-04-23 113.00 0261365 SARTAIN, CHARLES S & TELECIA 1999-04-23 65.00 0261366 TROPICAL SHORELAND, INC OR 1999-04-23 245.00 0261367 TOWN & COUNTRY LEASING 1999-04-23 347.00 0261368 TOLBERT, JEANETTE AND CITY OF 1999-04-23 34.00 0261369 VERO MOBILE HOME PARK 1999-04-23 490.00 0261370 VERO FIRST CORPORATION 1999-04-23 2,798.00 0261371 VAZQUEZ, DELIA & FLORIDA 1999-04-23 6.00 0261372 VARJABEDIAN, SUMPAD 1999-04-23 527.00 0261373 BLAKE, SALLIE (WYNN) 1999-04-23 284.00 0261374 WILLIAMS, TOBIAS M 1999-04-23 496.00 0261375 WILLIAMS, DEBRA WASHINGTON 1999-04-23 121.00 0261376 YORK, LILLY B 1999-04-23 194.00 0261377 YORK, DAVID 1999-04-23 467.00 0261378 ZANCA, LEONARD 1999-04-23 1,131.00 0261379 A A FIRE EQUIPMENT, INC 1999-04-29 251.90 0261380 ACE PLUMBING, INC 1999-04-29 63.00 0261381 AIRBORNE EXPRESS 1999-04-29 34.50 0261382 ALEXANDER BATTERY COMPANY 1999-04-29 1,113.60 0261383 APPLE INDUSTRIAL SUPPLY CO 1999-04-29 2,085.20 0261384 APPLE MACHINE & SUPPLY CO 1999-04-29 726.15 0261385 AUTO SUPPLY CO OF VERO BEACH, 1999-04-29 459.10 0261386 AT EASE ARMY NAVY 1999-04-29 327.00 0261387 AQUAGENIX LAND -WATER 1999-04-29 86.00 0261388 ALL FLORIDA COFFEE & BOTTLED 1999-04-29 59.90 0261389 COMMONWEALTH TECH 1999-04-29 1,500.00 0261390 ADDISON OIL CO 1999-04-29 10,848.08 0261391 A T & T 1999-04-29 92.41 0261392 A T & T LANGUAGE LINE SERVICES 1999-04-29 269.40 0261393 ASHWORTH INC 1999-04-29 60.00 0261394 ATLANTIC COASTAL TITLE CORP 1999-04-29 157.00 0261395 AUTO PARTS OF VERO, INC 1999-04-29 795.29 0261396 ARCHITECTS & DESIGNERS 1999-04-29 288.87 0261397 AVATAR UTILITY SERVICES, INC 1999-04-29 11,717.86 0261398 ARAMARK UNIFORM SERVICES 1999-04-29 21.88 0261399 ARAZOZA BROS CORP 1999-04-29 145,051.12 0261400 ADAIR, RENEE 1999-04-29 330.12 MAY 119 1999 7 BOOK FSG 0 BOOK i0o PAGE CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261401 BOARD OF COUNTY COMMISSIONERS 1999-04-29 4,874.81 0261402 BENSONS LOCK SERVICE 1999-04-29 23.25 0261403 BRUGNOLI, ROBERT J PED 1999-04-29 525.00 0261404 BARTON, JEFFREY K- CLERK 1999-04-29 193,590.33 0261405 BARTON, JEFFREY K -CLERK 1999-04-29 5,597.25 0261406 BARTON, JEFFREY K 1999-04-29 2,106.95 0261407 BRAD SMITH ASSOCIATES, INC 1999-04-29 1,944.00 0261408 BARER & TAYLOR INC 1999-04-29 1,038.03 0261409 BRODART CO 1999-04-29 1,282.55 0261410 BLAIS ELECTRIC, INC 1999-04-29 483.90 0261411 BAKER & TAYLOR ENTERTAINMENT 1999-04-29 219.78 0261412 BETROCK INFORMATION SYSTEMS, 1999-04-29 59.95 0261413 BOLLE AMERICA, INC 1999-04-29 218.25 0261414 SAUER, JANICE 1999-04-29 11.22 0261415 BLUE CROSS/BLUE SHIELD OF 1999-04-29 11,151.12 0261416 BELLSOUTH PUBLIC COMMUNICATION 1999-04-29 358.54 0261417 BLACKSTONE AUDIOBOOKS 1999-04-29 12.00 0261418 BMG 1999-04-29 33.45 0261419 BEAM, BETTY 1999-04-29 133.90 0261420 BLACKBURN, COLE 1999-04-29 28.32 0261421 BEST WESTERN PALMER HOUSE 1999-04-29 160.00 0261422 BILLY BUDD FILMS INC 1999-04-29 29.95 0261423 BELLSOUTH 1999-04-29 440.59 0261424 BROWN & CALDWELL 1999-04-29 1,585.80 0261425 CAMP, DRESSER & MCKEE, INC 1999-04-29 98,000.00 0261426 CLASSIC AWARDS 1999-04-29 40.00 0261427 CLEMENTS PEST CONTROL 1999-04-29 19.00 0261428 COMMUNICATIONS INT'L INC 1999-04-29 12,626.72 0261429 CORBIN, SHIRLEY E 1999-04-29 707.00 0261430 COPELAND, LINDA 1999-04-29 38.50 0261431 CROSS CREEK APPAREL, INC 1999-04-29 395.20 0261432 COMPUTYPE, INC 1999-04-29 1,069.20 0261433 CLIFF BERRY ENVIRONMENTAL 1999-04-29 325.00 0261434 COOGAN, MAUREEN 1999-04-29 387.28 0261435 C V S 0 A 1999-04-29 195.00 0261436 CROSSROADS ANIMAL HOSPITAL 1999-04-29 51.00 0261437 CRITIC'S CHOICE VIDEO 1999-04-29 47.24 0261438 CORPORATION OF THE PRESIDENT 1999-04-29 6.50 0261439 CUSTOM PUBLISHING SERVICES INC 1999-04-29 135.00 0261440 CAMPBELL, STEPHANIE 1999-04-29 105.57 0261441 CENTER FOR EMOTIONAL AND 1999-04-29 435.50 0261442 COPYCO, INC 1999-04-29 12.99 0261443 CARTER, KELLY 1999-04-29 193.12 0261444 CENTER FOR COUNSELING 1999-04-29 100.00 0261445 COMMERCIAL EQUIPMENT LEASING 1999-04-29 672.00 0261446 CONRADO, STEFANIE 1999-04-29 87.55 0261447 FLINT TRADING INC 1999-04-29 1,596.00 0261448 DAVES SPORTING GOODS 1999-04-29 1,877.34 0261449 DEEP SI% DIVE SHOP, INC 1999-04-29 539.95 0261450 DELTA SUPPLY CO 1999-04-29 718.93 0261451 FLORIDA DEPT OF MANAGEMENT 1999-04-29 3,510.25 0261452 DEPENDABLE DODGE, INC 1999-04-29 128.71 0261453 DICKERSON-FLORIDA, INC 1999-04-29 543,252.63 0261454 DICKEY SCALES, INC 1999-04-29 965.00 0261455 DADE PAPER COMPANY 1999-04-29 621.22 0261456 DOWNTOWN PRODUCE INC 1999-04-29 81.65 0261457 DOLITTLE, JAMES 1999-04-29 510.00 0261458 ERRETT, NANCY 1999-04-29 79.60 0261459 ESQUIRE REPORTING INC 1999-04-29 25.00 0261460 EDLUND & DRITENBAS 1999-04-29 3,192.19 MAY 119 1999 8 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261461 EMERGENCY LINEN SUPPLY CO 1999-04-29 1,038.00 0261462 ECONOMIC OPPORTUNITIES COUNCIL 1999-04-29 8,960.00 0261463 ERICSSON, INC 1999-04-29 25.00 0261464 ERDMAN, WILLIAM L 1999-04-29 570.00 0261465 EDACS INTERNATIONAL USER GROUP 1999-04-29 75.00 0261466 FEDEX 1999-04-29 51.25 0261467 FLORIDA BAR, THE 1999-04-29 16.00 0261468 FLORIDA EAST COAST RAILWAY CO 1999-04-29 92.74 0261469 FLORIDA STATE HORTICULTURE 1999-04-29 35.00 0261470 FLORIDA POWER & LIGHT COMPANY 1999-04-29 38,415.38 0261471 FOUNDATION CENTER, THE 1999-04-29 287.00 0261472 FIRE PROTECTION PUBLICATIONS 1999-04-29 279.95 0261473 FOOT -JOY DRAWER 1999-04-29 197.27 0261474 FLOWERS BAKING COMPANY OF 1999-04-29 71.57 0261475 FRANKLIN PRODUCTS CORP 1999-04-29 2,373.62 0261476 FLORIDA DETROIT DIESEL -ALLISON 1999-04-29 3,429.56 0261477 FLINN, SHEILA I 1999-04-29 171.50 0261478 FLORIDA SECTION ITE 1999-04-29 145.00 0261479 FLORIDA TRANSCOR, INC 1999-04-29 1,005.00 0261480 FACETS MULTIDEDIA, INC 1999-04-29 152.06 0261481 FLORIDAFFINITY, INC 1999-04-29 19,738.62 0261482 FATHER & SON CARPET CLEANING 1999-04-29 823.50 0261483 FANNIN, JUSTIN 1993-04-29 190.55 0261484 FLORIDA UTILITIES COORDINATING 1999-04-29 20.00 0261485 FIRST AMERICAN TITLE INSURANCE 1999-04-29 10,000.00 0261486 GENERAL GMC, TRUCK 1999-04-29 386.99 0261487 GENE'S AUTO GLASS 1999-04-29 10.00 0261488 GOODKNIGHT LAWN EQUIPMENT, INC 1999-04-29 232.00 0261489 GENTILE, MICHELLE 1999-04-29 29.87 0261490 GOODYEAR AUTO SERVICE CENTER 1999-04-29 1,548.02 0261491 GOVERNOR'S HURRICANE 1999-04-29 625.00 0261492 GREENE, ROBERT E 1999-04-29 1,856.77 0261493 GRAPHIC DESIGNS INTERNATIONAL 1999-04-29 224.77 0261494 G H O DEVELOPMENT 1999-04-29 286.50 0261495 GOLDEN GATE TRAILER SALES,LLC 1999-04-29 47.25 0261496 GIFFORD YOUTH ACTIVITIES CENTE 1999-04-29 16,546.69 0261497 GOLLNICK, PEGGY 1999-04-29 395.50 0261498 HAMMOND, KATHARINE R 1999-04-29 2,434.20 0261499 HARBOR BRANCH OCEANOGRAPH, INC 1999-04-29 172.00 0261500 HECTOR TURF, INC 1999-04-29 1,968.12 0261501 HICKMAN'S BRAKE & ALIGNMENT 1999-04-29 737.26 0261502 HUNTER AUTO SUPPLIES 1999-04-29 1,155.04 0261503 HELD, PATRICIA BARGO 1999-04-29 17.50 0261504 HIBISCUS CHILDREN'S CENTER 1999-04-29 1,829.86 0261505 HARRIS SANITATION, INC 1999-04-29 48,564.74 0261506 H T S CONTROLS, INC 1999-04-29 9,360.00 0261507 HARTSFIELD, CELESTE L 1999-04-29 199.50 0261508 HASENAUER, KRIS 1999-04-29 43.50 0261509 HARTMAN & ASSOCIATES INC 1999-04-29 2,343.86 0261510 HANSEN, SUSAN 1999-04-29 162.40 0261511 HALL, TOM 1999-04-29 51.50 0261512 INDIAN RIVER COUNTY 1999-04-29 57,370.83 0261513 INDIAN RIVER COUNTY SCHOOL 1999-04-29 1,644.50 0261514 INDIAN RIVER ACE HARDWARE 1999-04-29 11.28 0261515 INDIAN RIVER BATTERY, INC 1999-04-29 169.50 0261516 INDIAN RIVER COUNTY UTILITY 1999-04-29 2,785.76 0261517 INGRAM LIBRARY SERVICES 1999-04-29 126.62 0261518 INDIAN RIVER COUNTY 1999-04-29 5,200.00 0261519 INDIAN RIVER COUNTY 1999-04-29 150.00 0261520 IBM CORPORATION 1999-04-29 1,325.66 0261521 INDIAN RIVER ALL -FAB, INC 1999-04-29 24.70 MAY 11, 1999 E BOOS .J BOOK iog CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261522 IRC EMPLOYEE HEALTH INSURANCE- 1999-04-29 102,477.32 0261523 INDIAN RIVER SHORES POLICE 1999-04-29 25.00 0261524 INTERFACE ELECTRONICS, INC 1999-04-29 2,200.00 0261525 INTERNATIONAL RESEARCH 1999-04-29 35.00 0261526 INDIAN RIVER COUNTY SHERIFF'S 1999-04-29 150.00 0261527 INTERIM COURT REPORTING 1999-04-29 600.50 0261528 INDIAN RIVER COUNTY PLANNING 1999-04-29 2,422.00 0261529 I E S DRILLING SUPPLIES 1999-04-29 370.00 0261530 JANIE DEAN CHEVROLET, INC 1999-04-29 129.50 0261531 JOHN WILEY & SONS, INC 1999-04-29 151.22 0261532 JUPITER BEACH RESORT 1999-04-29 160.00 0261533 JONES, LESLIE 1999-04-29 59.22 0261534 JUNIOR LEAGUE OF INDIAN RIVER 1999-04-29 500.00 0261535 JONES CHEMICALS, INC 1999-04-29 2,552.00 0261536 KEATING, ROBERT M 1999-04-29 66.90 0261537 KELLY-CRESWELL CO INC 1999-04-29 214.03 0261538 KIMLEY-HORN & ASSOCIATES, INC 1999-04-29 27,637.26 0261539 KELLY TRACTOR CO 1999-04-29 418.30 0261540 KLINK, RICHARD 1999-04-29 1,023.00 0261541 KERR, GRADY D 1999-04-29 200.00 0261542 R DATA PRODUCTS, INC. 1999-04-29 617.32 0261543 KIPP, BILLY C 1999-04-29 41.20 0261544 LONG, STEVEN A ESQ 1999-04-29 880.00 0261545 LOWE'S HOME CENTERS, INC 1999-04-29 6,532.90 0261546 L B SMITH, INC 1999-04-29 86.36 0261547 LIBRARIES UNLIMITED, INC 1999-04-29 100.02 0261548 LESCO, INC 1999-04-29 323.60 0261549 LETTS, DAVID 1999-04-29 1,988.00 0261550 LINDSEY GARDEN'S APARTMENTS 1999-04-29 6,598.00 0261551 LUNA, JORGE 1999-04-29 175.10 0261552 JESSICA LIVALORDE 1999-04-29 115.87 0261553 MARSHALL CAVENDISH CORP 1999-04-29 142.81 0261554 MAXWELL PLUMBING, INC 1999-04-29 323.77 0261555 INDIAN RIVER COMMUNITY COLLEGE 1999-04-29 14,505.91 0261556 MIKES GARAGE 1999-04-29 160.00 0261557 MORA, RALPH PHD 1999-04-29 1,500.00 0261558 MATRX MEDICAL, INC 1999-04-29 395.30 0261559 MCMASTER-CARR SUPPLY COMPANY 1999-04-29 126.44 0261560 MCDADE WATERWORKS, INC 1999-04-29 42,810.70 0261561 MARTIN COUNTY PETROLEUM 1999-04-29 97.63 0261562 MICROMARKETING ASSOCIATES 1999-04-29 44.26 0261563 MAGNETHERAPY, INC 1999-04-29 244.20 0261564 MAIN STREET HARDWARE, INC 1999-04-29 24.24 0261565 MARC INDUSTRIES 1999-04-29 675.07 0261566 MEDCHECK 1999-04-29 662.79 0261567 MELCHIORI, NICK 1999-04-29 69.52 0261568 M W I CORPORATION 1999-04-29 824.00 0261569 MOSS, ROGER 1999-04-29 162.22 0261570 MOSS, MARY 1999-04-29 90.12 0261571 MAX DAVIS ASSOCIATES INC 1999-04-29 400.00 0261572 MAS, OGLA 1999-04-29 37.50 0261573 MOORE, LAWRENCE 1999-04-29 40.67 0261574 MID -FLORIDA FORKLIFT, INC 1999-04-29 83.14 0261575 NEW READERS PRESS 1999-04-29 461.85 0261576 NOLTE, DAVID C 1999-04-29 181,074.74 0261577 NORTH SOUTH SUPPLY INC 1999-04-29 192.86 0261578 NICOSIA, ROGER J DO 1999-04-29 1,500.00 0261579 NEW HORIZONS OF THE TREASURE 1999-04-29 32,397.33 0261580 NAPLES BEACH HOTEL & GOLF CLUB 1999-04-29 158.00 0261581 NAGY, BELA 1999-04-29 62.44 0261582 NATIONSBANK, N A 1999-04-29 10.90 0261583 NATIONAL RIFLE ASSOCIATION 1999-04-29 150.00 MAY ll, 1999 10 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261584 OFFICE PRODUCTS & SERVICE 1999-04-29 2,546.92 0261585 OFFICE DEPOT, INC 1999-04-29 1,075.29 0261586 O'NEIL, LEE & WEST 1999-04-29 8,718.36 0261587 OLSSON, JAY E D.O 1999-04-29 200.00 0261588 ORME, CLAUDIA 1999-04-29 93.00 0261589 PEACE RIVER ELECTRIC 1999-04-29 32.59 0261590 PEPSI -COLA COMPANY 1999-04-29 86.00 0261591 POSTMASTER 1999-04-29 15,000.00 0261592 POWER & PUMPS, INC 1999-04-29 119.24 0261593 PORT PETROLEUM, INC 1999-04-29 671.49 0261594 PANGBURN, TERRI 1999-04-29 24.00 0261595 PRESS JOURNAL - SUBSCRIPTION 1999-04-29 117.00 0261596 PRAXAIR DISTRIBUTION 1999-04-29 35.30 0261597 PROMEDIX CORP 1999-04-29 56.20 0261598 PARKER, DEBBIE 1999-04-29 151.92 0261599 PAYNE, JAMES 1999-04-29 92.70 0261600 PETERSON, DENNIS E, JR 1999-04-29 600.00 0261601 RADIO SHACK ACCT RECEIVABLE 1999-04-29 4.99 0261602 RAWLS, WILLIAM CARLTON 1999-04-29 41.01 0261603 RIFKIN, SHELDON H PED 1999-04-29 500.00 0261604 ROSELAND VOLUNTEER FIRE DEPT 1999-04-29 7.00 0261605 ROBINSON EQUIPMENT COMPANY,INC 1999-04-29 239.10 0261606 RICHMOND HYDRAULICS INC 1999-04-29 490.58 0261607 ROBERTS & REYNOLDS PA 1999-04-29 644.23 0261608 R & G SOD FARMS 1999-04-29 235.00 0261609 RUBBER STAMP EXPRESS & MORE 1999-04-29 44.21 0261610 REEL.COM, INC. 1999-04-29 33.99 0261611 ROYAL CUP COFFEE 1999-04-29 42.75 0261612 RAPP, PAMELA 1999-04-29 12.00 0261613 ROGER SHERMAN CONTRACTOR 1999-04-29 4,452.17 0261614 RUNGE, SUZANNE 1999-04-29 196.00 0261615 RASMUSSEN, ASHLEIGH 1999-04-29 175.10 0261616 REYNA, JIMMY LEE 1999-04-29 136.47 0261617 SCHOPP, BARBARA G 1999-04-29 290.50 0261618 SCOTTY'S, INC 1999-04-29 34.42 0261619 SEBASTIAN BUSINESS SUPPLY, INC 1999-04-29 140.54 0261620 SEBASTIAN VOLUNTEER FIRE DEPT 1999-04-29 76.00 0261621 SEBASTIAN, CITY OF 1999-04-29 150.00 0261622 SEWELL HARDWARE CO, INC 1999-04-29 77.95 0261623 SEXUAL ASSAULT ASSISTANCE 1999-04-29 4,459.33 0261624 SHELL OIL COMPANY 1999-04-29 34.02 0261625 SIMMONS, MARIE 1999-04-29 500.00 0261626 SOUTHERN EAGLE DISTRIBUTING, 1999-04-29 377.40 0261627 STURGIS LUMBER & PLYWOOD CO 1999-04-29 29.47 0261628 ST LUCIE PAPER & PACKAGING,INC 1999-04-29 869.88 0261629 SIMON & SCHUSTER 1999-04-29 131.68 0261630 SUBSTANCE ABUSE COUNCIL 1999-04-29 3,917.73 0261631 SPALDING 1999-04-29 55.59 0261632 SUN BELT MEDICAL SUPPLY, INC 1999-04-29 1,639.55 0261633 SUPERIOR PRINTING 1999-04-29 123.55 0261634 SYSCO FOOD SERVICES OF 1999-04-29 461.49 0261635 STEWART MINING INDUSTRIES INC 1999-04-29 19,665.41 0261636 SCOTTSDALE INSURANCE CO 19-99-04-29 250.00 0261637 SMITH, VICKY 1999-04-29 483.40 0261638 SMITH, DONALD 1999-04-29 417.60 0261639 SOUTHERN LOCK AND SUPPLY CO 1999-04-29 82.78 0261640 SKALA, ERIC 1999-04-29 51.50 0261641 SOUTHERN SECURITY SYSTEMS OF 1999-04-29 600.00 0261642 SUNSHINE STATE ONE CALL 1999-04-29 554.83 0261643 SMITH & NEPHEW INC 1999-04-29 616.75 0261644 SOUTHERN INSTRUMENTS 1999-04-29 147.36 MAY 119 1999 11 • I BOOK iojFAGS CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261645 SHIELDS, VANESSA 1999-04-29 37.33 0261646 SCHWEY, PAUL MATTHEW 1999-04-29 36.00 0261647 SCOTT, LONNIE G 1999-04-29 200.00 0261648 SATTENSTALL, MYRNA 1999-04-29 187.97 0261649 S M PUBLICATIONS 1999-04-29 24.95 0261650 STEWART TITLE OF INDIAN RIVER 1999-04-29 10,000.00 0261651 SECURITYLINK FROM AMERITECH 1999-04-29 507.75 0261652 SAMARITAN CENTER 1999-04-29 4,810.14 0261653 STEWART, SARAH LYNN 1999-04-29 38.62 0261654 SOUTHWESTERN SUPPLIERS INC 1999-04-29 6,468.17 0261655 THOMAS, DEBBY L 1999-04-29 59.50 0261656 TITLEIST DRAWER 1999-04-29 871.92 0261657 TEXACO CREDIT CARD CENTER 1999-04-29 1,929.28 0261658 TABAR, JEFFREY 1999-04-29 135.40 0261659 TRUGREEN CEEMLAWN 1999-04-29 35.00 0261660 THERMOGAS COMPANY 1999-04-29 26.52 0261661 TEARDROP GOLF CO 1999-04-29 79.30 0261662 TOMMY HILFIGER GOLF 1999-04-29 1,762.03 0261663 UNIVERSITY OF FLORIDA 1999-04-29 18.00 0261664 US FILTER DISTRIBUTION GROUP 1999-04-29 7,205.54 0261665 UNITED BLOWER, INC 1999-04-29 830.00 0261666 UNIPSYCH BENEFITS OF FL,INC 1999-04-29 2,095.20 0261667 U S GOVT PRINTING OFFICE 1999-04-29 275.00 0261668 UNIVERSITY OF NORTH CAROLINA 1999-04-29 30.50 0261669 VELDE FORD, INC 1999-04-29 379.18 0261670 VERO BEACH VOLUNTEER FIRE 1999-04-29 39.00 0261671 VERO BEACH, CITY OF 1999-04-29 3,245.15 0261672 VERO BEACH, CITY OF 1999-04-29 9,175.00 0261673 VERO BEACH, CITY OF 1999-04-29 170,000.00 0261674 VERO CHEMICAL DISTRIBUTORS,INC 1999-04-29 60.00 0261675 VERO LAWNMOWER CENTER, INC 1999-04-29 5,884.30 0261676 VERO TRAVEL SERVICE, INC 1999-04-29 383.00 0261677 VIRGIL'S RADIATOR WORKS 1999-04-29 30.00 0261678 VERO BEACH, CITY OF 1999-04-29 1,649.11 0261679 VERO LAKE ESTATES VOLUNTEER 1999-04-29 18.00 0261680 VERO BEARING & BOLT 1999-04-29 273.19 0261681 VERO BEACH POWERTRAIN 1999-04-29 794.84 0261682 VOLUNTEER ACTION COMMITTEE 1999-04-29 50.00 0261683 W S DARLEY & CO 1999-04-29 4,987.17 0261684 WAL-MART STORES, INC 1999-04-29 355.55 0261685 W W GRAINGER, INC 1999-04-29 15.72 0261686 WAL-MART STORES, INC 1999-04-29 10.05 0261687 WILLHOFF, PATSY 1999-04-29 130.00 0261688 WHEELER PUBLISHING, INC 1999-04-29 730.00 0261689 WILLIAMS, TOBIAS M 1999-04-29 82.00 0261690 WYNDHAM HARBOUR ISLAND HOTEL 1999-04-29 2,116.00 0261691 WAL*MART STORE 931 1999-04-29 179.76 0261692 WEST GROUP PAYMENT CTR 1999-04-29 503.00 0261693 WASTE MANAGEMENT 1999-04-29 85,903.86 0261694 WELLS, CARLOS L, ESQ 1999-04-29 55.50 0261695 WELCH, SHAWN 1999-04-29 370.98 0261696 WILSON, SUSAN BARNES 1999-04-29 154.50 0261697 WRIGHT, MAGGIE 1999-04-29 48.92 0261698 WHEELED COACH INDUSTRIES INC 1999-04-29 264,327.00 0261699 YAVORSKY'S TRUCK SERVICE,INC 1999-04-29 22.74 0261700 YOUTH VOLUNTEER CORPS 1999-04-29 130.01 0261701 PRESCITI, VICTOR 1999-04-29 108.70 0261702 MERCURI, DEBRA 1999-04-29 97.22 0261703 ROSENBERG, DAVE 1999-04-29 17.40 0261704 HAGUE, SOPHIE 1999-04-29 12.14 0261705 HOLMES, GREGORY 1999-04-29 20.28 0261706 MANAHAN, MATTHEW 1999-04-29 21.59 MAY 119 1999 12 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261707 ADAMS, C R 1999-04-29 28.89 0261708 ORIO, JOSEPH C 1999-04-29 56.67 0261709 HOGAN, JAMES D 1999-04-29 41.21 0261710 DUPREE, LENORA F 1999-04-29 7.46 0261711 CAL BUILDERS, INC. 1999-04-29 31.63 0261712 COLES, ROLSTON & ESTELLE 1999-04-29 57.11 0261713 R ZORC & SONS BUILDERS, INC. 1999-04-29 37.76 0261714 WODTKE, LOUIS & BETH 1999-04-29 22.23 0261715 RAYNE, JOHN 1999-04-29 77.35 0261716 LA BARCA, CHARLES 1999-04-29 38.44 0261717 M G B CONSTRUCTION 1999-04-29 121.43 0261718 RUSTIC DEMENSIONS, INC. 1999-04-29 22.32 0261719 KRATHY, JOAN S 1999-04-29 67.23 0261720 PROCTOR CONSTRUCTION CO, INC. 1999-04-29 385.90 0261721 STEWART, DAVID 1999-04-29 29.76 0261722 WISSEL CONSTRUCTION 1999-04-29 14.11 0261723 CINDI'S PET CENTER 1999-04-29 194.09 0261724 WOODS, JOHN C 1999-04-29 46.32 0261725 CARRIE, RICHARD L 1999-04-29 6.52 0261726 GOULDER, NOELLIANE 1999-04-29 24.10 0261727 HOLIDAY BUILDERS 1999-04-29 25.81 0261728 HOLLAND-CHAVIS, LAURIE A 1999-04-29 26.10 0261729 MAJESTIC PARTNER OF V B LTD 1999-04-29 44.16 0261730 HAUSER, EVELYN J 1999-04-29 60.85 0261731 HABITAT FOR HUMANITY 1999-04-29 60.34 0261732 SHULOCK, MICHAEL 1999-04-29 84.72 0261733 JACOBS, MARTIN & GAIL 1999-04-29 4.68 0261734 EXIT 3 REALTY INC 1999-04-29 20.57 0261735 JOHN LLOYD BUILDERS, INC. 1999-04-29 33.21 0261736 GIFFORD GROVES LTD 1999-04-29 98.48 0261737 ZEA, TINA 1999-04-29 24.99 0261738 WHITE, EDWARD 1999-04-29 55.07 0261739 TAYLOR III, ELBRIDGE M 1999-04-29 56.45 0261740 GHO VERO BEACH, INC. 1999-04-29 144.39 0261741 MESSIER, JUDITH A 1999-04-29 56.14 0261742 MEGONNELL, CORINNE 1999-04-29 72.39 0261743 KLETTY, KIMBERLY A 1999-04-29 26.22 0261744 STRANGE, RICHARD 1999-04-29 72.05 0261745 BAUBLE, ALLEN 1999-04-29 44.92 0261746 MGB CONSTRUCTION INC. 1999-04-29 50.00 0261747 PERUGINI CONSTRUCTION 1999-04-29 36.29 0261748 ALDRIDGE, RACHEL 1999-04-29 47.85 0261749 FISHER, STEPHEN B 1999-04-29 41.57 0261750 SANDY PINES LTD 1999-04-29 51.94 0261751 BOZSIK, JOHN 1999-04-29- 93.07 0261752 ALVARADO, AUDREY 1999-04-29 127.88 0261753 VAN BUSKIRK, WARREN T 1999-04-29 92.19 0261754 BEAZER HOMES FLORIDA, INC. 1999-04-29 70.23 0261755 HOLIDAY BUILDERS 1999-04-29 50.00 0261756 OCEAN HOMES CORP. 1999-04-29 32.44 0261757 COASTLINE DEVELOPMENT INC. 1999-04-29 27.35 0261758 JONES, LAKIESCHA C 1999-04-29 0261759 MACE JR. RONALD & DEBORAH 1999-04-29 7.04 20.53 0261760 COLGREN, STEPHEN B 1999-04-29 0261761 MACKEY, JACQUELINE 1999-04-29 50.00 0261762 THOMPSON, LARRY L 1999-04-29 33.73 0261763 GARCIA, JORGE & EVE SUAREZ 1999-04-29 38.37 0261764 ADRAGNA, ANN MARIE 1999-04-29 42.23 0261765 ESTATE OF MIDORI NISHIO 1999-04-29 20.03 0261766 STUTES, SHERI & STACY 1999-04-29 77.99 0261767 WILLIAMS, JAMES L 1999-04-29 16.38 44.54 MAY ll, 1999 13 • BOOK Fgt ) BOOK Joj M,E 9 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0261768 MC DERMOTT, MATTHEW J 1999-04-29 35.64 0261769 MACE, MICHAEL 1999-04-29 63.21 0261770 PRATT JR, RICHARD R 1999-04-29 52.51 0261771 FLORIDA AIDS RIDE #2 1999-04-29 261.26 0261772 KILEY, ELIZABETH 1999-04-29 53.41 0261773 ROGERS, JACQUELINE L 1999-04-29 36.22 0261774 PIERCE, ANGEL M 1999-04-29 6.14 0261775 MARTIN, DAVID S 1999-04-29 40.49 0261776 PASSAGE ISLAND HOMES 1999-04-29 66.01 0261777 HINZMAN, FRANK D 1999-04-29 13.88 0261778 FERLAAK, JOHN D 1999-04-29 40.22 0261779 FANCY PANTS 1999-04-29 22.31 0261780 OAK ISLAND ASSOCIATES 1999-04-29 107.28 0261781 STAINED IMAGE 1999-04-29 61.76 0261782 PARSONS, BRIAN 1999-04-29 11.01 0261783 FORGARTY, MATTHEW 1999-04-29 34.26 0261784 STALHEBER, JOHN J 1999-04-29 29.20 0261785 WHALEY, M SUSAN OR EARL 1999-04-29 66.85 0261786 LINDSEY GARDENS LTD 1999-04-29 350.75 0261787 MC INERNEY, PATRICK & PATRICIA 1999-04-29 45.53 0261788 FOSTER MANAGEMENT 1999-04-29 145.02 0261789 QUERY, PAM 1999-04-29 85.20 0261790 WRIGHT, WENDY A 1999-04-29 68.80 0261791 GREGORY, JAMES L OR MAUREEN A 1999-04-29 7.26 0261792 ADKINS, JENNIFER 1999-04-29 11.84 0261793 DORVELIA, MICELIN 1999-04-29 60.01 0261794 AQUILONE, JOHN & CEIL 1999-04-29 31.95 0261795 IST EQUILTY LENDERS 1999-04-29 57.06 0261796 GARRETT, WILLIAM H 1999-04-29 38.28 0261797 ORCHID ISLAND PROPERTIES, INC. 1999-04-29 76.06 0261798 SHEA, TISHA MURRAY 1999-04-29 67.51 0261799 REESE, JEANNE M 1999-04-29 61.81 0261800 FOULKS, JEREMY 1999-04-29 26.53 0261801 BEASOCK, ROB 1999-04-29 31.66 0261802 FATLAN, MICHELLE A 1999-04-29 85.63 0261803 STOCK, JUDITH 1999-04-29 14.52 0261804 TRAMMELL, PATRICIA 1999-04-29 28.04 0261805 POWERS, CARON 1999-04-29 34.74 0261806 BALD, SASITYA 1999-04-29 69.45 0261807 DNORTON, JANICE 1999-04-29 10.11 0261808 VALLS, ELISABET 1999-04-29 14.07 0261809 PRITCHARD, ADRIENNE 1999-04-29 57.95 0261810 HELMS, ROBERT 1999-04-29 21.64 0261811 ED SCHLITT INC. REALTORS 1999-04-29 25.35 0261812 DISKIN, MICHAEL & MARISSA 1999-04-29 26.23 0261813 MEYER, WILLIAM S 1999-04-29 37.08 0261814 WILLIAMS, JOSEPH R •1999-04-29 5.69 0261815 YOUNG, MELANIE 1999-04-29 22.17 0261816 SMITH, ELLEN L 1999-04-29 100.70 0261817 KENNEDY, ELIZABETH 1999-04-29 38.00 0261818 MULLINARY, GREG P 1999-04-29 32.40 0261819 CAMPOS, ISIAIAS 1999-04-29 46.00 0261820 THOMPSON, ELLAREE 1999-04-29 52.53 0261821 HUGHES, THOMAS J 1999-04-29 105.02 0261822 MCKENNA, JAMES P 1999-04-29 105.02 0261823 CASPER, MARY B 1999-04-29 52.53 0261824 CATALDO, MICHAEL 1999-04-29 48.06 MAY 119 1999 14 2,613,917.07 0 • ZD. Floodplain Cut and Fill Balance Waiver - Lot 16, Block 14, Vero Lake Estates, Unit 2 (Ameron Homes InG� The Board reviewed a Memorandum of May 3, 1999: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo AND Christopher J. Kafer, Jr., P. County Engineer FROM: David B. Cox, P.E., Civil EngineerCb—c SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Lot 16, Block 14, Vero Lake Estates, Unit 2 REFERENCE: Project No. 99040139 CONSENT AGENDA DATE: May 3, 1999 DESCRIPTION AND CONDITIONS Ameron Homes, 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 April 16, 1999, a waiver of the cut and fill requirements is requested. The lot area is 1.07 acres. The volume of the 100 year floodplain displaced by the proposed grading plan is estimated to be 143 cubic yards. ALTERNATIVES AND ANALYSIS The waiver request has been reviewed by staff and appears to meet the criteria of Section 930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in the Vero Lake Estates Municipal Services Taxing Unit. Alternative No. 1 Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4. Alternative No. 2 Deny the cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECOMMENDATIONS Staff recommends approval of Alternative No. 1. ATTACHMENTS 1. Letter from Ronald G. Keller, P.E., dated April 16, 1999 2. Calculations for cut and fill MAY 119 1999 W, BOOK PAGE r BOOK ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved Alternative No. 1 granting the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)4, as recommended in the Memorandum. IW 9 F�iGE 22 6 7.E. Out -of -County Travel - Commissioner Stanbridge to Attend Hurricane Conference in Tampa The Board reviewed a Memorandum of May 5, 1999: DATE: mays, 1 see TO: Board of County Commissioners FROM: Ruth Stanbridge, Commissioner, Distriot 2 SUBJECT: Governors Hurrioane Conferenos The 13th Annual Governor's Hurrioane Conferenoe will be hold from June 7-1 1 at the Tampa Convention Center in Tampa, Florida. On Wednesday (June Sth) a Publio Offlolals Conferenoe is soheduled, 1 would like permission to attend this ons -day meeting. Beoause the main session is in the afternoon, 1 will not need to stay overnight. 0 ON MOTION by Commissioner Ginn, SECONDED BY CommissionerAdams, the Boardunanimously approved out -of - county travel for Commissioner Stanbridge to attend the Annual Governor's Hurricane Conference in Tampa from June 7-11, 1999, as requested. 7.F. Out -of -County Travel for Commissioners to Attend FAC Conference in Orlando The Board reviewed information concerning the Florida Association of Counties 70' Annual Conference & Educational Exposition in Tampa from June 21-25, 1999, as requested. (CLERK'S NOTE: The information can be found in the backup for the meeting.) MAY 119 1999 16 0 ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved out -of - county travel for Commissioners to attend the FAC Conference in Orlando June 21-25, 1999, as requested. 7.G. Qut-of-Coun& Travel for CommissionerMachttoAttendNACO Conference in St. nouns, Mo. Jul y16-20 The Board reviewed information concerning the National Association of Counties 64'h Annual Conference & Exposition in St. Louis, Mo. from July 16-20, 1999, as requested. (CLERK'S NOTE: The information can be found in the backup for the meeting.) Chairman Macht stated that he did not know how this request had gotten on the agenda as he had no intention of going to the conference in St. Louis. He attends the executive conference in Washington, D.C. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously DELETED item 7.G. from the agenda. 7.H. Resolution 99-042 -Florida Inland Navigation District Grant Apjvlication forE�►uipment for Sheriff's Office Marine Unit The Board reviewed a letter dated May 4, 1999: 6berif f • co'O.S.6wr GARY C. WHEELER o INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION 4055 41st AVENUE VERO BEACH, FLORIDA 32860-1608 PHONE (561) 568-8700 May 04, 1999 The Honorable Kenneth R. Macht, Chairman Indian River County Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 MAY 119 1999 17 BOOK( F4 r r - BOOK 1-03 FAGt �� RE: FZARIDA INLAND NAVIGATION DISTRICT GRANT APPLICATION Dear Commissioner Macht: The Indian River County Sheriff's Office is pleased to inform you of our Florida Inland Navigation District grant application for $34,682.92. The successful award ofthis grant would allow the Sheriffs Office to procure needed equipment for odsting marked patrol vessels. The Sheriffs Office shall provide the 25% matching funds ($11,560.98) from the Law Enforcement Forfeiture Ttust Fund. The Sheriff's Office Marine Umt currently conducts waterway patrols to ensure boating safety, adherence to navigational laws, BUI ettforcement, and environmental protection of the Indian River Lagoon and its endangered species. The attached document must be signed by the Chairman of the Board of County Commissioners in order to officially apply for the grant award. We respectfully ask that the attached document be placed on the consent agenda for the May 11, 1999, meeting. Should you have any questions, I will be happy to address them. Sincerely, ��j¢iLilG`LE �JiC /?Edi Gary C. Wheeler, Sheriff Ec.� GCW:mm Attachment (1) -� 291 The 173rd Internationally Accredited Law Enforcement Agency ('1004 Accredited by the Commission on Accreditation for Law Enforcement Agencies. Incorporated . ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously authorized the Chairman to execute the grant application to the Florida Inland Navigation District, as requested, ad adopted Resolution 99-042. COPY OF GRANT DOCUMENTS WILL BE ON FILE IN THE OFFICE OF TAE CLERK TO TAE BOARD WHIN EXECUTED & RECEIVED RESOLUTION 99-42 ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM VBEREAS, THE INDIAN RIVER SHERIFF'S is interested in carrying out the (Name of Agency) OFFICE following described project for the enjoyment of the citizenry of INDIAN RIVER COUNTY and the State of Florida: MAY 119 1999 18 • Project Title MARINE ENFORCEMENT PROGRAM Total Estimated Cost $ 46,243.90 Brief Description of Project: Replacement engines and upgraded marine electronics for existing Sheriff's law enforcement patrol vessels. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the INDIAN RIVER COUNTY SHERIFF'S OFFICE (Name of Agency) that the project described above be authorized, AND, be it further resolved that said INDIAN RIVER COUNTY SHERIFF'S OFFICE (Name of Agency) make application to the Florida Inland Navigation District in the amount of 75 % of the actual cost of the project in behalf of said INDIAN RIVER COUNTY SHERIFF'S OFFICE (Name of Agency) AND, be it further resolved by the INDIAN RIVER COUNTY SHERIFF'S OFFICE (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said INDIAN RIVER COUNTY SHERIFF'S OFF1ESpublicuse. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title vi of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. MAY 119 1999 19 BOOK"9 I P151 ;;; • BOOK JO J F'AGE L �� This is to certify that the foregoing is a true and correct copy of a resolution duly and Indian River County legally adopted by the Board of County Commissioners at a legal meeting held on this 11 day of M a v 19199 Attest C!_e c Signature (� Kenneth R. Macht 1� v Chairman Title Title 7.I. Commissioner Tib in Apj2ointed Board's Representative to Treasure Coast Snorts Commission The Board reviewed a Memorandum of May 5, 1999: To: Board of County Commissioners From: Fran B. Adams, Vice Chairman Date: May 5, 1999 Subject: Appointment to -Treasure Coast Sports Commission I am requesting the Board to appoint Commissioner John W. Tippin as our representative to serve on the Treasure Coast Sports Commission. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously appointed Commissioner Tippin as their representative to serve on the Treasure Coast Sports Commission, as requested in the Memorandum. 7.J. St. Edward's School Conservation Easement The Board reviewed a letter of April 12, 1999 and Memoranda of May 3, 1999: MAY 119 1999 P • LAW OFFICES OF GOULD, COOKSEY, FENNELL, O'NEILL, MARnvE &. CARTER, P.A. JOHN R GOULD 0921.190 BYRON T. COOKSEY DARRELL FENNEU EUGENE J. OWED* *RA. BOARD CBMW am TRIAL AND BUSRaM LT CUMON William G. Collins, H, Esquire Assistant County Attorney Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Re: Saint Edward's Project Dear Will: 979 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32963 TELEPHONE (561) 231.1100 FAX (561) 231.2020 April 12, 1999 • CHRISIUFHER H. MARINE DAVID M. CARTER TODD W. FENNELL SUSAN L. CHENAULT This is to confirm my "voice -mail" to your office of April 1st. Saint Edward's School is prepared to execute the new Conservation Easement, provided that the County releases the existing Conservation Easement. I understand from you that this may require a Resolution of the County Commission. Please advise me if you need anything from my office to agenda the item. Also, if you will forward the original Conservation Easement, with the attached legal description, I will arrange for execution and delivery to you in trust until the existing easement is approved for release. I look forward to hearing from you. Sinc y stophtHarine TO: Will Collins 1 2 3 gS Deputy County Attorney �tio,��31 A 5' r ti FROM: Roland M. DeBloi CP Chief, Environmental Planning & Code Enforcement1h�" DATE: May 3, 1999 RE: St. Edwards Conservation Easement I've reviewed the previous native upland conservation easement and proposed replacement easement relating to the St. Edwards construction project. This memo is to advise you that I am satisfied that the replacement easement fulfills the requirements of County Code Section 929.05, "Upland native plant community conservation areas." MAY 119 1999 21 MOM ` PAGE .� , BOOK 0FAG Essentially, the replacement easement expands a 10% contiguous "clump" set-aside to a 15% linear strip set-aside, which is in compliance with the Code requirement. As such, I have no objection to the replacement. Following is a summary: Area (square feet) Percent of site native uplands Initial native uplands 60,765 100% Original set-aside 6,100 10% Re lacement set-aside 9,240 15% If you have any questions, please let me know. TO: The Board of County Commissioners FROM: l t. William G. Collins 11- Deputy County Attorney DATE: May 3, 1999 SUBJECT: Saint Edward's School Conservation Easement Saint Edward's School, through its attorney, has requested the County release an existing conservation easement in consideration of the substitution of a new conservation easement covering 50% more land area. RECOMMENDATION: Authorize the Chairman to execute the attached Termination of Conservation Easement, which would be recorded immediately prior to recordation of the newly executed conservation easement from the school. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously authorized the Chairman to execute the Termination of Conservation Easement to be recorded immediately prior to recording the newly executed Conservation Easement from St. Edward's School, as recommended in the Memorandum. MAY 119 1999 TERIMWATION OF CONSERVATION EASEMENT WML BE RECORDED IN THE PUBLIC RECORDS OF MMN RIVER COUNTY COPY OF DMUM1 U ON FILE 22 • 7.K. Oaklsland Contract for Construction ofReauiredlmprovements - 90 -Day Extension to Complete Landscaping Work The Board reviewed a Memorandum of April 30, 1999: TO: The Board of County Commissioners FROM: P'- William G. Collins II - Deputy County Attorney DATE: April 30, 1999 SUBJECT: Oak Island Contract for Construction of Required Improvements - Request for a 90 -Day Extension to Complete Landscaping Work On April 26, 1999 1 received a request from the developer of Oak Island for an extension in time of 90 days to complete performance of the Contract for Construction of Required Improvements at Oak Island. Code Section 913.10(1)(E) provides that for good cause shown, the Board of County Commissioners may in its discretion grant one or more extensions of time for performance of any contract for required improvements, provided surety supporting such contract remains valid for the required 90 -day period following the newly extended time for performance. The developer is requesting an additional 90 days to install landscaping involving littoral planting and an agricultural buffer. He believes they will have more success in the installation of new plantings during the upcoming rainy season than would had been possible during the last few months of drought. The security supporting the contract for required improvements remains in place. Upon certification by the project engineer that all or a substantial portion of required improvements have been completed, and upon inspection by the Public Works Department, the staff, per Code, will process a release of that portion of security no longer required. RECOMMENDATION: Grant the requested extension until August 12, 1999 to install landscaping at Oak Island. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously granted the requested extension until August 12, 1999 to install landscaping at Oak Island due to recent and current drought conditions, as requested. MAY 119 1999 23 BOOK FF1v • I BOOK �� PAGE � 9.A. PUBLIC HEARING - ORDINANCE NO. 99-014 AMENDING CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS (TRAFFIC IMPACT FEE) ORDINANCE - LAND DEVELOPMENT REGULATIONS PROOF OF PUBLICATION OF ADVERTISE VERfr FOR BEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of May 4, 1999: TO: James E. Chandler County Administrator FROM: Robert M. Keating, AICP AAA K Community Development Director DATE: May 4,1999 RE: REQUEST TO AMEND CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS ORDINANCE. OF THE LAND DEVELOPMENT REGULATIONS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 11, 1999. DESCRIPTION & CONDITIONS In 1986, Indian River County adopted its Fair Share Roadway Improvements (Traffic Impact Fee) Ordinance. That ordinance, which was subsequently incorporated in the County's land development regulations (LDR's), was modeled after other traffic impact fee ordinances which had been challenged in court and found to be legal. Consequently, the county's current ordinance was structured to incorporate provisions, deemed necessary based on court decisions, to make the ordinance legally enforceable. Recently, a study of the County's current traffic impact fee ordinance was undertaken. That study resulted in various proposed changes to the existing ordinance. Those changes are reflected in the proposed land development regulation amendment. A copy of that proposed amendment and proposed revised development policies are attached to this agenda item. A copy of the final impact fee report is on file in the Board of County Commissioners office. On April 22, 1999, the Planning and Zoning Commission voted 7 to 0 to recommend that the Board of County Commissioners approve this amendment to Chapter 953, Fairshare Roadway Improvements Ordinance of the county's Land Development Regulations, and the revised Fairshare Roadway Improvements Development Policies. On April 28, 1999, the Professional Services Advisory Committee (PSAC) voted 6 to 0 to recommend that the Board of County Commissioners approve the revised Chapter 953, Fairshare Roadway Improvements Ordinance of the County's Land Development Regulations, and the revised Fairshare Roadway Improvements development policies. As part of its recommendation, the PSAC recommended that the Board of County Commissioners impose additional local option gas taxes and reduce impact fees a corresponding amount. Also, the PSAC recommended that the timing of the impact fee payment be revised from building permit issuance to certificate of occupancy. Purpose of the Traffic Impact Fee Ordinance The purpose of a traffic impact fee ordinance is to generate revenue from new development projects to pay for their fair share of the cost of needed roadway capacity improvements. Implementation of that ordinance involves charging each new development an amount of money that corresponds to the cost to construct the number of miles of roadway needed to accommodate the amount of traffic generated by that development project. Simplified, the traffic impact fee ordinance requires new development to pay for its fair share of roadway improvements. MAY 119 1999 24 As a revenue producing device, a traffic impact fee is one of several revenue source options that may be used to fund transportation capacity -producing improvements. Other funding sources that can be used by local governments include state and federal funds, constitutional gas tax, county gas tax, local option gas tax, local option sales tax, ad valorem property tax and others. County long range transportation plans project that the total implementation cost of needed major capacity producing roadway improvement projects over the next twenty years will be approximately $220 million. Of this amount, it is projected that state and federal transportation revenues will account for approximately $120 million. Approximately $100 million from local transportation revenue sources will be needed to make up the difference. Traffic impact fees will account for almost half of this amount. Other local revenue sources include those listed above. There are, however, other transportation -related costs which must also be funded with local revenues. These include road paving, traffic operations, intersection improvements, operation and maintenance, safety improvements, system preservation activities, and reconstruction/replacement costs for both the existing transportation network as well as future needed capacity producing improvements. Therefore, an increased burden is placed on local revenue sources to pay for both needed capacity producing improvements and for the other transportation -related costs listed above. s 3 cnu r{ 7 1 y t t , $ fPtW �� i 8 a 5 use d 9 ago A FIGURE 1 Indian River County Original Impact Fee B on efit D lstricts Traffic Impact Fee Program Description As adopted, the Indian River County traffic impact fee program is countywide in scope. Consequently, fees are collected in each of the County's municipalities as well as the unincorporated area Currently, nine traffic impact fee benefit districts exist. These are shown in figure 1. Fees collected in a particular district must be spent on improvements in that benefit district. Fee revenue may be spent only for capacity -producing improvements on arterial or collector roads. Currently, impact fees vary among the nine existing benefit districts. In the current ordinance, the impact fee schedule identifies the fee amount'by land use category by benefit district. For example, the traffic impact fee for a single-family house in District V is $1,513. For a bank/financial office in District V, the fee is $6,503 per 1,000 square feet. The fee schedule in the traffic impact fee ordinance is based upon the County's adopted traffic impact fee formula. A simplified version of that formula is shown below. Applied correctly, the formula calculates the traffic impact fee rate for each land use listed in the traffic impact fee rate schedule. TIF Rate = (demand component) X (cost component) — (credit component) Demand Component: The demand component of the traffic impact fee formula represents the traffic impact generated by a land use. Factors that affect the demand component include trip generation rate, trip length, and percent new trips. MAY 119 1999 25 BOOK I - PAGE ' , BOOK iJ J F'AGE E Cost Component: The cost component of the traffic impact fee formula represents the cost of roadway capacity improvement projects. Costs that are factored into this component of the formula include design, right of way acquisition, and construction costs. Credit Component: The credit component of the traffic impact fee formula represents other revenue sources, such as local option fuel taxes and local option sales taxes; used for capacity producing transportation capital projects. The demand component is multiplied by the cost component to determine the overall impact of a project on the transportation network. Then, to account for other fees and taxes paid, a credit is subtracted. This formula is applied to each individual land use category fisted in the fee schedule. From the formula, a traffic impact fee rate is generated for each of the land use categories. Fee vs Tax Indian River County's traffic impact fee is not a tax; it is a fee. That distinction is important. While local governments may impose fees under their home tole powers, local governments may impose taxes only with specific legislative authorization. In establishing fees, however, local governments must comply with various criteria dictated by the courts. These criteria have evolved from court decisions on legal challenges to impact fee ordinances. Some of the most important criteria that must be incorporated in an impact fee ordinance are: ► The fee revenue must be used to meet a need created by new development; ► The amount of the fee must be directly proportional to the benefit derived by the feepayer, ► The funds derived from the fee must be earmarked for expenditures that relate to feepayers' benefits; and ► Feepayers must be given credit for any other taxes or fees that they pay where the proceeds of those taxes and fees are used to pay a portion of the cost of projects to be funded by the impact fee. Metropolitan Plannine Oreanization (MPO) Although Indian River County is the general purpose local government which currently imposes the countywide traffic impact fee, there is a separate government agency responsible for transportation planning in the county. That is the Indian River County Metropolitan Planning Organization (MPO). As the local agency responsible for planning and programming federal, state, and local transportation funds to construct, enhance, and maintain major roads, bridges, airports, and public transit facilities, the MPO has funds to conduct various transportation studies. For that reason, Indian River County requested that the MPO initiate a study to assess the county's current traffic impact fee ordinance. Since the MPO is an independent governmental entity with a countywide transportation focus, the MPO is the appropriate agency to assess the county's traffic impact fee ordinance. With a governing board comprised of elected officials from local governments within the county, the MPO provides a multi jurisdictional forum to address a countywide issue like the traffic impact fee ordinance. Following is the Indian River County MPO governing board voting composition. ► City of Fellsmere: 1 member ► Indian River County: 4 members ► Town of Indian River Shores: 1 member ► City of Sebastian: 1 member ► City of Vero Beach: 2 members Traffic Impact Fee Studv Process In the thirteen years since its adoption, the traffic impact fee ordinance and its development policies have not been revised other than for minor fee schedule modifications made in 1989. In the last few years, however, concerns have arisen regarding the current traffic impact fee ordinance. These concerns range from technical issues relating to the continued applicability of the data used to develop the fee schedule to the number and structure of the county's nine traffic impact fee benefit districts. To address these concerns, the Indian River County Metropolitan Planning Organization (MPO) contracted with the consulting firm of Tindale -Oliver & Associates of Tampa to update the traffic MAY 119 1999 W impact fee ordinance. As structured, the scope of services required the consultant to analyze and make recommendations on the following issues: • reducing the number of benefit districts; • updating the projected cost of all capacity -producing roadway improvement projects programmed through the year 2020; • reassessing the credit component of the traffic impact fee formula; • updating the land use categories in the traffic impact fee schedule as well as updating the schedule itself; and • revising the individual assessment process. From mid-1997 to late -1998, the consultant analyzed these and other aspects of the traffic impact fee ordinance. Throughout this process, the consultant presented interim recommendations to the MPO Technical Advisory Committee (TAC) and the MPO Citizen Advisory Committee(CAC). Those recommendations were then modified based on feedback received from the TAC, CAC, and from MPO staff. On three occasions, the proposed revised Traffic Impact Fee Ordinance and Development Policies were presented to the MPO for its review. At its December 9, 1998 meeting, the MPO voted 6 to 1 to recommend that the Board of County Commissioners (BCC) adopt the revised Traffic Impact Fee Ordinance and Development Policies. Traffic Impact Fee Study Summary As part of his contract, the traffic impact fee consultant prepared three documents. A final report (Attachment 1) was prepared which analyzes traffic impact fee issues and makes recommendations for traffic impact fee ordinance changes. A revised ordinance (Chapter 953 Fairshare Roadway Improvements of the county's Land Development Regulations (Attachment 2)) was prepared based on the recommendations of the final report. This ordinance is in an underline and st-keep format, with underlines identifying additions to the chapter and sikeews identifying deletions to the chapter. Finally, a revised copy of the county's Fairshare Roadway Improvements Development Policies (Attachment 3) was prepared based on the recommendations of the final report. This document uses the same underline/strikeout format that was used in the revised Chapter 953 document. The consultant's final report addresses all of the major components of the county's traffic impact fee program. As currently structured, the major components of the traffic impact fee program include: ► the benefit districts in which collected fees must be expended; ► the formula used to calculate the traffic impact fee rate for different land uses; ► the value of each variable in the formula; ► the traffic impact fee payment schedule; and ► the actual traffic impact fee ordinance and accompanying development policies. Benefit Districts Based on a review of the current traffic impact fee benefit districts map, as depicted in Figure 1, the report concluded that the number of traffic impact fee benefit districts covering Indian River County should be reduced from the current nine districts to three districts. Figure 2 illustrates the proposed geographic boundaries of the three proposed benefit districts. Boundaries for the three benefit districts, as shown in figure 2. were based on transportation modeling analysis as well as feedback from the MPO Technical Advisory Committee (TAC). MAY 119 1999 27 BOOK L1 FAL; d �� G1 �g oemn e.ww.... 3 0 3 6 W— Figgure County Indian River2• Impact Fee Benefit Distdats MAY 119 1999 27 BOOK L1 FAL; d Fr -7 BOOK FAU ., Since inception of the traffic impact fee program in 1986, fees have been collected, with the proceeds deposited in the appropriate benefit district's trust fund. Although a number of road improvement projects have been funded or partially funded with traffic impact revenues, there are fund balances in each of the benefit districts. Some of these fund balances are substantial. In conjunction with the reduction in benefit districts, the traffic impact fee report recommends that the trust fund accounts established for each of the original nine benefit districts remain until the funds collected in each district under the current ordinance have been exhausted. When expended, those funds must be spent only in the district from which they were collected. Impact fee funds collected under the revised ordinance will be deposited into the three new trust fund accounts corresponding to the new benefit districts. Attachment 4, the FY 1999/00-2003/04 Traffic Impact Fee ('TIF) Capital Improvement Program (CIP), identifies how the fund balances in each of the existing nine districts will be expended. For each existing TIF benefit district, the attached CIP indicates the projects that are to be completely or partially funded with TIF revenues collected under the current ordinance. The CEP also compares projected TIF expenditures with available revenues. As indicated in the CIP, projected TIF expenditures for each district equal, and in most cases exceed, projected revenues during the next five years. This indicates that, overall, the amount of TIF revenues collected under the current ordinance will be insufficient to fund all of the transportation improvement projects programmed during the next five years. Formula The final report concluded that no changes are needed to the structure of the current traffic impact fee formula. The report, however, did reassess the values of each of the variables of the three formula components. As part of the study, the values of all of the variables comprising the current impact fee formula were examined. With respect to the demand component of the formula, the three principal variables examined were trip rate, trip length, and percent new trips. As indicated in the report, the values in the current formula for each of those variables for many land uses were found to be out-of-date. Consequently, the report recommends updating those values using two principal sources - the latest edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual or Florida Studies. For the cost component of the formula, the report recommends changing the cost per lane mile of roadway construction. Based upon detailed analysis of recent construction projects and analysis of planned projects, an updated cost per lane mile of $837,860 is recommended. This cost per lane mile would apply countywide as opposed to the current situation where a different cost per lane mile is used in each of the nine benefit districts. The final component addressed was the credit component. Based upon new data, including revised projections of state and federal transportation revenue for the next twenty years as well as new estimates of the percentage of local gas tax money that will be used for capacity producing transportation capital improvements over the next twenty years, the credit value was updated. As indicated in the report, the recommendation is to apply a credit of 11.8 cents to reflect the other funds available for transportation capital improvements. The proposed changes in the values for the formula variables significantly affect the impact fee rate by land use category. Generally, some land use category traffic impact fee rates will increase, while others will decline. Since one set of countywide impact fee rates will apply, fees will increase in the current districts where rates are now low. Those are generally the districts in the west part of the county. Fee Schedule The third component reviewed was the impact fee schedule of the county's traffic impact fee program. The current fee payment schedule lists fifty-four different land uses. As structured, the traffic impact fee report recommends adding seven land uses to the fee schedule and deleting eight land uses from the fee schedule. In addition, the report recommends modifying the unit measure of certain land uses. Table 1 provides a comparison of current impact fee rates and proposed impact fee rates. In table 1, values in the current rate column are shown as a range, since nine traffic impact fee districts currently exist, and each district has a different impact fee rate. The report indicates that the same impact fee rate should be applied in all three proposed districts. Therefore, the proposed rate column displays the rate that would be applied to that specific land use regardless of the location of the project. MAY 119 1999 28 Table 1: Current and Projected Impact Fee Rates By Land Use Land Use Unit Current Rate Proposed Rate Single Family du $587 - $1513 $1,523 Accessory Single -Family du $338-$871 $830 Multi -Family du $338-$871 $830 Mobile Home du $316-815 $568 Hotel room $516 - $1.331 $960 Motel room $605 - $1.559 $512 Nursing Home bed $171-S441 $159 ACLF bed $126-$326 $129 Medical Office 1,000 gsf $1.115 - $2,876 $4,542 Bank 1.000 gsf $2.553 - $6583 $4.603 Bank w/Drive-In 1.000 gsf $3,912 - $10.088 $7.801 Office under 10,000 GSF 1.000 gsf $796 - $2.053 $2,644 Office over 10,000 GSF 1.000 gsf $532 - $1,373 $1550 Manufacturing 1,000 gsf S149-$369 $446 Warehouse 1,000 gsf $135-$348 $570 Mini -Warehouse 1,000 gsf N/A $292 General Industrial 1,000 gsf $149-$369 $814 Concrete Plant acre $431-$1,112 $1.822 Sand Mining acre $55-$143 $234 Retail under 10,000 GSF 1,000 gsf $1,238 - $3,193 $3,387 Retail 10,001 to 50,000 GSF 1.000 gsf $705 - $1,818 $2.436 Retail 50,001 to 100,000 GSF 1,000 gsf $819 - $2,111 $2,170 Retail 100.001 to 200.000 GSF ' 1,000 gsf $914 - $2,356 $1,913 Retail over 200,000 GSF 1,000 gsf $1,038 - $2,677 $1,971 Gas Station fueling pos. $990 - $2553 $1,859 New and Used Auto Sales 1,000 gsf $2.027 - $5.227 $3,847 Quality Restaurant 1,000 gsf N/A $5.753 Restaurant 1,000 gsf $1.496 - $3,856 $7,625 Fast Food Restaurant 1,000 gsf $2,114 - $5.452 $11,468 Supermarket 1,000 gsf N/A $3,720 Auto Repair 1.000 gsf $135-$348 $2,645 Car Wash stall $804-2.073 $4,882 Convenience Store 1,000 gsf $2.948 - $7,602 $7,230 Convenience Store with Gas and Fast Food fueling pos. N/A $6,289 Furniture Store 1.000 gsf N/A $467 Golf Course acre N/A $702 Racquet Club 1,000 gsf N/A $1,904 County Park acres N/A $223 Tennis Court court $1,008 - $2599 $3301 Marina berth $64-$165 $329 Post Office 1.000 gsf $1,165 - $3,004 $4,807 Lim' 1,000 gsf $1,469 - $3,787 $5,827 MAY 119 1999 29 BOOK�U SAG Land Use Unit Current Rate Proposed Rate Government Office 1,000 gsf $2,249 - $5,799 $8,047 Jail bed $39-$102 $131 Day Care Center 1,000 gsf $936 - $2,413 $2,944 Hospital 1,000 gsf $284-$733 $1,829 Veterinary Clinic 1,000 gsf $1,115 - $2,876 $1,168 Church 1,000 gsf $242-S625 $873 Movie Theater w/ Matinee screens $5,004 - $12,904 $7568 School (Elementary) student $18-$45 $39 School (High) student $18-S45 $149 School (College) student $18-$45 $297 Fire Station (w/o beds) 1,000 gsf $1494385 $385 $329 While the proposed fee schedule changes will increase traffic impact fee rates, these will be the first traffic impact fee rate changes since 1989. During that 10 year period, inflation, as measured by the consumer price index, has affected the value of the traffic impact fee. Since the aggregate inflation rate from 1989 to 1999 was 35% (as measured by the CPI), the value of impact fees assessed today under the current fee schedule is 35% less than the value of those fees in 1989. Consequently, a 35% across the board increase would be wan -anted just to bring the fees to their 1989 level. As proposed, the revised traffic impact fee schedule will substantially increase fees in districts VII and VIII, where fees are extremely low. In districts I, 11, and V, however, fee increases will be low. In fact, the revised fees will be lower than the 1989 fees for those districts when considering the effects of inflation based on changes to the CPI. ANALYSIS The purpose of amending the county's traffic impact fee ordinance is to ensure that persons affected by the ordinance get assessed a fair fee and receive a proportional benefit from that fee. Over time, various factors affecting the traffic impact fee program have changed. These factors include: the financial cost to maintain the established minimum level of service standards for the county's transportation network; the type of land uses being developed in the county; and the driving characteristics of the users of the county's transportation network. This amendment to the traffic impact fee ordinance addresses those and other factors; consequently, the amendment presents an efficient and equitable traffic impact fee program for Indian River County. As proposed, the amendment will reduce the number of benefit districts from nine to three. With a smaller number of benefit districts that are geographically large in size, as shown in figure 2, the impact fee program can be managed more efficiently. Not only will there be fewer accounts to maintain, but projects can be done more expeditiously since more money will be available in a shorter period of time. By modifying the land uses in the fee payment schedule, the amendment reflects changing circumstances. Some of these land uses did not exist when the traffic impact fee ordinance was originally adopted Updating the land uses listed in the fee schedule will ensure that the proper land uses are listed and assessed appropriately. Unlike the existing traffic impact fee program that has separate fees for each of the nine benefit districts, the proposed amendment has one countywide fee. A countywide traffic impact fee will simplify the fee calculation requirements for both staff and applicants. As Table 1 in the Descriptions and Conditions section illustrates, the amendment will increase traffic impact fee rates in many areas of the county. Two factors contribute to this increase in fee rates. First, the amendment revises the value of the demand variables of the traffic impact fee formula for many land uses. The value of these demand variables (trip rate, trip length, and percent new trips) has not been updated since development of the original ordinance. Consequently, the formula derived impact fees for many land uses are not appropriate. For some land uses, rates are now too low; others are too high. By using the most up-to-date sources for trip rate, trip length and percent new trips, impact fee rates will be fairer and more consistent among land uses. MAY 119 1999 W 0 0 • 0 Besides modifying the value of variables in the model, the amendment also modifies the cost component of the traffic impact fee formula. Based upon detailed analysis of roadway project costs, the cost per lane mile for construction of roads in the county was estimated to be approximately $837,860. This amount is significantly higher than the cost per lane mile being applied to benefit districts in the west part of the county. Because of the detailed analysis, the updated lane mile cost is more defensible than the current nine cost estimates. One advantage of the new cost estimate is that it applies countywide, thereby allowing a single traffic impact fee to be assessed in all three of the new benefit districts. That not only makes fee administration easier, it also ensures that fees will be assessed equitably countywide. The revised cost estimate, however, is the principal reason why fees will be significantly increased in the west part of the county with adoption of the amendment. As with the current traffic impact fee rate schedule, the proposed rate schedule reflects a 15 percent discount. Although this discount reduces the degree to which new development pays its way, there are several advantages associated with the discount. First, it reduces the traffic impact fee rate assessed to new projects, making the fee more acceptable. Second, it compensates for any errors associated with overassessment, thereby making the fee more justifiable. Finally, it limits challenges to the ordinance, because the absolute rates are discounted. Although traffic impact fees will increase in the area covered by several of the existing benefit districts, those increases are needed to correct current inequities. Adoption of the amendment will ensure that the fees paid are equitable geographically as well as among different use categories. Consequently, the proposed amendment will provide more fairness to feepayers, make implementation more efficient, and allow improvements to be completed in a more timely manner. Impact on Housing Costs Whenever amendments to the county's LDR's are considered, policy 1.7 of the Housing Element of the County's Comprehensive Plan requires that a financial statement be prepared to assess the anticipated impact of the regulation changes on housing cost. Policy 1.7 is stated below. "Policy 1.7: As part of the adoption process for any county regulation which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit for the development of housing, the Financial Impact Statement shall include an estimated increased cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations." Following is the financial impact statement for revisions to Chapter 953 of the Land Development Regulations (LDR)s. Proposed revisions to Chapter 953 of the county's LDRs will increase the impact fee rate for most of the existing traffic impact fee benefit districts (please see the attachment 1 for the districts location). The following table compares the existing and proposed traffic impact fee rates for single-family and multi -family housing units and displays the amount and percentage of increase in each district. TABLE 2. .SINGIN IRA MU V nWVT T n►Tn TMrnnc. DISTRICT I II III IV V VI VII VIII IX Single -Family existing TIF $1,450 $1,355 $1,113 $1,000 $1,513 $1,211 $587 $860 $1,110 Single -Family proposed TIF $1523 $1523 $1523 $1,523 $1.523 $1523 $1.523 $1,523 $1,523 Dollar mount difference for a SF housing unit +$73 +$168 +$410 +$523 +$10 +$312 +$936 J+$663 +$413 Percentage change 5.03% 12.39% 36.83%' 52.30% 0.66% 25.76% 159.45% 77.09% 37.20% Proposed TIF rate as Percentage of old rate for 105.03% 112.39% 136.83% 152.30% 100.66% 125.76%=177 MAY 119 1999 31 BOOK fAGc; °'3 BOOK ht 9 FADE _2 42 TABLE 3. MULTI -FAMILY DWELLING UMTS DISTRICT I II III IV V VI VII VIII IX Multi -Family existing TIF $835 $780 $640 $576 $871 $697 $338 $495 $639 Multi -Family proposed TIF $830 $830 $830 $830 $830 $830 $830 $830 $830 Dollar amount difference for a MF housing unit -$5 +$50 +$190 +$254 -$41 +$133 +$492 +$335 +$191 Percentage change (increase or decrea-1 -0.59% 6.41% 29.68% 44.09% -4.71% 19.08% 145.56% 67.67% 29.89% Proposed TIF rate as percentage of current TIF 99.41% 106.41$ 129.68% 144.09% 95.29% 119.08% 245.56% 167.67% 129.89% For single-family dwelling units, the traffic impact fee rate will be increased in all 9 districts. Percentage of increase varies from 0.7% in district 5 to 159.4% in district 7. For multi -family dwelling units, the traffic impact fee rate will be decreased in 2 districts and will be increased in seven districts. Percentage change varies from -4.7% in district 5 to +145.6% in district 7. Timine of Impact Fee Pavment As proposed, the revised traffic impact fee ordinance does not change the timing of impact fee payment. Currently, traffic impact fees must be paid prior to issuance of a building permit. Specifically, those fees must be paid at the time of concurrency certificate issuance. As indicated, the PSAC recommended that the timing of impact fee payment be changed from building permit issuance to certificate of occupancy (CO) issuance. This proposal, however, is problematic both administratively and legally. From an administrative perspective, not requiring traffic impact fee payment until CO affects the county's concurrency regulations. Basic to the concurrency concept is that capacity is reserved when impact fees are paid and a concurrency certificate is issued Modifying the timing of traffic impact fee payment would change that. The legal issue is related According to the county attorney's office, projects that are built without payment of impact fees (therefore without reserving roadway capacity) could not be denied a CO if capacity is not available at time of CO. If a CO were then issued, the concurrency law would be violated. For the reasons identified above, staff recommends that the timing of traffic impact fee payments not be changed ALTERNATIVES With respect to the revised traffic impact fee ordinance and development policies, the Board of County Commissioners has several alternatives. These are: Do nothing and maintain the existing traffic impact fee ordinance and development policies; adopt the revised traffic impact fee ordinance and development policies; or adopt the revised traffic impact fee ordinance and development policies with changes; Analvsis of Alternatives With respect to the county's traffic impact fee ordinance, there are three principal alternatives. These are listed above. The Board of County Commissioners could opt to do nothing and make no changes to the current ordinance. That, however, would keep in place a system that is unfair and inequitable. It would allow feepayers in some areas to pay too little. It would also continue to charge teepayers for some uses to pay too much and some to pay too little. Finally, it would retain a system where credit amounts are not accurately reflected Staff does not support this alternative. The second alternative is to adopt the proposed ordinance. Doing so would update the current ordinance to reflect the most current data. It would also create a fairer, more equitable program. Staff supports this alternative. MAY 119 1999 32 I 0 The final alternative is to adopt the proposed amendment -with changes. Any changes supported by adequate data and analysis would be appropriate and should be considered. POLICY ISSUE Besides the general alternatives identified above, there is one other alternative/policy issue. This relates to a proposition brought up by the Treasure Coast Builders Association (TCBA). During the MPO's consideration of this issue, the TCBA proposed that the County eliminate traffic impact fees or reduce traffic impact fees and make up the lost traffic impact fee revenue by increasing local option gas taxes. Based upon state law, Indian River County has the legal authority to impose six additional cents (6 additional pennies per gallon) of local option gas tax. This would be in addition to the six cents of local option gas tax which the County currently imposes. Currently, each cent of local option gas tax yields approximately $450,000 per year. Consequently, an additional six cents of local option gas tax would:generate about $2.7 million per year in revenue. That amount would exceed the current annual yield of the traffic impact fee. In fact, imposing only five additional local option pennies per gallon would generate sufficient revenue to replace the traffic impact fee. Eliminating traffic impact fees and replacing them with local option gas taxes would represent a major policy shift. Currently, the county's policy is that new development should pay for itself. Using local option gas tax to fund transportation capital improvements, and therefore eliminate traffic impact fees, would shift the financial responsibility from new development to the users of the transportation infrastructure. This shift would require not only new residents of Indian River County, but also existing residents of Indian River County to pay for transportation improvements necessitated by new development. This shift in financial responsibility would increase the cost of transportation for all residents of the county, including low income households. By imposing additional local option gas taxes and reducing or eliminating traffic impact fees, a fee now paid by those undertaking new construction would instead be paid as a tax applicable to everyone. Staff does not support the proposal to replace traffic impact fees with local option gas taxes. RECOMMENDATIONS Staff, the MPO, the PSAC, and the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the revised Traffic Impact Fee Ordinance (Chapter 953 of the LDRs) and Development Policies which are attached to this staff report. ATTACHMENTS 1. Final Report: Update of the Fairshare Roadway Impact Fee Ordinance. (On file at the BCC Office) 2. Revised Chapter 953; Fairshare Roadway Improvements. (On file at the BCC Office) 3. Fairshare Roadway Improvements Development Policies. 4. Indian River County Traffic Impact Fee Capital Improvement Program FY 1999/2000 _ 2003/04 5. Unapproved minutes of the April 22, 1999, Planning and Zoning Commission Meeting. 6• Current traffic impact fee payment schedule and benefit districts. 7. Adoption ordinance for revised Chapter 953; Fairshare Roadway Improvements of the county LDRs. MAY 119 1999 33 • BOOK PAGE' F, BOOK FGF � Community Development Director Bob Keating reviewed the memorandum and options, as well as the committee's and stafr s recommendations using the following outline projected on the screens in the Chambers: Update of Indian River County Traffic Impact Fee Indian River County BOARD OF COUNTY COMMISSIONERS MAY 11, 1999 MPO TRAFFIC IMPACT FEE STUDY OBJECTIVES »ASSESS BENEFIT DISTRICTS • REVIEW VALUES OF FORMULA VARIABLES • UPDATE FEE SCHEDULE • REVISE DEVELOPMENT POLICIES Presentation Format �T Benefit Districts • Impact Fee Formula • Demand Component • Cost and Credit Components :: Impact Fee Schedule • Impact Fee Administration IMPACT FEE DEFINITION Indian River County Historical Population Indian River County Projected Population Benefit Districts * 9 Existing Impact Fee Benefit Districts a 3 Proposed Benefit Districts • Single Countywide Fee :: Advantages to Fewer Districts • Reduces Administrative Complexity • Flexible Budgeting and Planning • Reduces Potential Refund Issues • Reasonable Proof of Benefit MAY 119 1999 34 • Impact Fee Formula + Gross Impact Fee Cost = [(TGR12) x TL x %NT x CC)]/(CL) ( Travel Demand) x (Unit Cost) • where: — TGR = Trip Generation Rate (vehicle trips per day) — TL = Average Trip Length (Miles): — %NT = Percent of Trips Generated by the impact Generating Land Development Activity considered to be new hips an the roadway: — CC= Unit cost to construct one lane mlle of roadway capacity; — CL= Capacity per lane mfle. Demand Component :: Trip Rate X Trip Length X Percent New Trips • Fairness and Equity Between Land Uses • More Data Available Changes Due to Better Data • Updated ITE Trip Generation • Florida Studies — Trip Length — Percent New Trips Demand Component + Trip Rates - least change + Trip Lengths and % New Trips - most change Demand Component - Trip Rate Demand Component - Trip Length Demand Component - % New Trips Cost Component • Reviewed the Following Plans • FDOT TIP, County CIP • County Transportation Element • MPO Adopted Cost Feasible Plan • Reviewed Historical Project Costs • Discussed Cost Projections with Staff • Projections Based on Best Available Data Cost Component + Current Impact Fee Costs • Last Update Over 10 Years Ago • Costs Vary By District and Range From — low of $350,000 per lane mile — high of $680,000 per lane. mile. Proposed Countywide Cost • $837,000 Cost per mile • 23% Increase from high district cost Cost Component MAY 119 1999 35 BOOK 109 FADE ' • I BOOK fAGL? Impact Fee Formula i* Impact Fee Credit = ((TGR(2) x TL x %NT x TPG x DAYS x PWF]/(MPG) (Travel Demand x Unit Credit) • where: — TGR = Trip Generation Rate; — TL = Average Trip Length. Including to allsubdivisiar travel (miles); — %NT = Percent of New Trips; — TPG = Tax paid per gallon of gasoline which Is expected to be applied towards construction of new capacity; — DAYS = Number of days in the year; — PVIF - Net present value factor at / percent over N years; - MPG = Estimated average miles per gallon. Credit Component • Reduces the Impact Fee • Based on Capital Expenditures • Credit Increased Significantly • from 6 cents to 11.8 cents per gallon +Adjustments to Other Factors Impact Fee Schedule Alternatives Recommendations • Updated trip characteristics • New land use categories • Updated cost and credit components • Rate schedule contained in proposed ord • 15% discount Review of Transportation Impact Fee Administrative Processes Fair Share Roadway Improvements Ordinance • Reduces number of districts from 9 to 3 • Changes assessment methodology • Allows transfer of credits within districts Impact Fee Schedule Alternatives LOCAL OPTION GAS TAX OPTION • CURRENTLY 6 CENTS • ELMS 1-5 CENTS • 9TH CENTNOTED 5 CENTS=IMPACT FEE REVENUE ;h ADVANTAGES & DISADVANTAGES COMMITTEE RECOMMENDATIONS STAFF RECOMMENDATION «ADOPT ATTACHED ORDINANCE + ESTABLISH JULY 6, 1999 AS EFFECTIVE DATE »ALLOW USE OF NEW FEE SCHEDULE PRIOR TO EFFECTIVE DATE MAINTAIN EXISTING BENEFIT DISTRICT TRUST FUNDS UNTIL ALL FUNDS EXPENDED + DON'T CHANGE TIME OF COLLECTION MAY 119 1999 TT Prior to opening the public hearing, at the request of Commissioner Ginn, Director Keating clarified that by adding the ELMS (Environmental Land Management funds) 5 -cent tax it would increase the total income enough to eliminate impact fees and exceed the $2 million per year if it is not distributed to the municipalities. Use of the ELMS tax would result in $477,000 countywide for each penny, and of that, the Board of County Commissioners would get $324,000, if divided according to the formula now in use. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Tim Zorc, 3907 58' Circle, spoke on his own behalf (as a local builder) and representing the interest of the Treasure Coast Builders' Association. He reviewed the history and philosophies of the present impact fees. He favored the concept of eliminating impact fees and having the road users pay for the roads by using a portion of or the entire "ELMS nickel". He pointed out that the distribution would be a crucial element to be worked out. He also preferred an effective date in 6 -months instead of the proposed effective date (July 6, 1999). Tom Collins, 2200 Sanderling Lane, complimented Director Keating and staff for their efforts in this difficult process. He supported the ordinance, but thought the Board should look at using some of the gas tax. He hoped to see the impact fees reduced. Debb Robinson, 315 Greytwig Road, thought the title should be changed because nothing about the fairshare roadway improvements ordinance was "fair". She cited various statistics to support her argument that people driving on the roads should be paying the taxes through use of tax on gasoline, not purchasers of new homes through the impact fees. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Director Keating responded to questions from Commissioner Stanbridge about how other counties are handling this, when the provisions of this ordinance would be re- evaluated, and if a 6 -month delay in the effective date would be a problem. He assured the Board that staff would not wait another 10 years for re-evaluation. Director Keating confirmed for Chairman Macht that a 6—month delay is workable and acceptable. MAY 119 1999 UFA BOOK FAG -E BOOK ` PAGE..��� County Attorney Vitunac pointed out that Mr. Zorc could come back at any time prior to the effective date of the new ordinance and use the current lower rate. Chairman Macht asked Director Keating to explain how the trip numbers in the study were collected. Director Keating advised that the figures were averages and not gathered in our county because of time and cost. He felt confident, however, with the consultant's reports; Indian River County is different from other areas, but not unique. Commissioner Tippin was impressed with the consultant, found some humor in statistics from an economic study done in Hillsborough County, and recalled an interesting book he had read titled "How to Lie on Statistics". MOTION WAS MADE by Commissioner Tippm, SECONDED BY Vice Chairman Adams, to adopt the ordinance, change the effective date to 6 -months from now, and approve at least an additional 3 cents optional gas tax. Under discussion, Director Keating confirmed Vice Chairman Adams' understanding that it would be necessary to redo all the calculations and go back to the municipalities for their approval. Commissioner Tippin WITHDREW HIS MOTION; Vice Chairman Adams WITHDREW HER SECOND. Commissioner Ginn thought Mr. Zorc and Ms. Robinson had some persuasive arguments; however, she felt growth needs to pay for itself and did not wish to delay the process further. MOTION WAS MADE by Commissioner Ginn, SECONDED BY Vice Chairman Adams, to adopt the revised Traffic Impact Fee Ordinance and Development Policies, as presented by staff. Ordinance shall have an effective date of October 1, 1999. Under discussion, Vice Chairman Adams asked if they should give any consideration or request an additional study on the optional gas tax. MAY 119 1999 38 0 0 • Commissioner Ginn thought that a good idea, that perhaps they would want to split the tax, say 2-1/2 cents, just to see what it would do, but did not like the idea of additional gas taxes for people who live here now. She thought the study should be left to the Metropolitan Planning Organization (MPO). Commissioner Stanbridge agreed and thought use of additional taxes on gasoline should be re-evaluated to see how much money would be generated. Director Keating advised that the MPO is presently going for a consultant selection for the long-range transportation plan since a major update needs to be done and in effect by January 1, 2001. That consultant could also look at this aspect if the Board concurred with the time frame. He also pointed out that the ELMS nickel has to be used only for transportation improvements that are in the capital improvements element of the Comprehensive Plan. Vice Chairman Adams asked if they could to go the ninth cent, and Director Keating advised that was possible and would generate about $477,000 which does not need to be shared with the municipalities. Chairman. Macht asked the Commissioners to bear in mind that our taxes are already higher than other counties and the extra cent means a lot to people who are struggling because there is a cumulative impact on those folks. Also, he disliked using a funding mechanism the County may very badly need to use in the future and thought it advisable to keep that 9' cent in reserve. Commissioner Tippin indicated he would support the motion only with the understanding that use of the ELMS tax will be added to the consultant's study for the MPO. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Ordinance 99-014 adopted with an effective date of October 1, 1999.) PROPOSED LDR AMENDMENTS FOR MAY 11, 1999 BOARD OF COUNTY COMMISSIONERS MEETING ORDINANCE NO. 99- 14 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS, OF THE LAND DEVELOPMENT REGULATIONS (LDRS); AND PROVIDING FOR SHORT TITLE; AUTHORITY TO ENACT CHAPTER; APPLICABILITY; PURPOSE; DEFINITIONS; FEE; TIlAE OF PAYMENT; INTERPRETATION OF THE CHAPTER AND FEE SCHEDULE; CREDIT AGAINST PAYMENT OF TRAFFIC IMPACT FEES, REVIEW OF FEE SCHEDULE; USE OF FUNDS COLLECTED AND TRUST FUNDS, LIBERAL CONSTRUCTION AND SEVERABILITY; PENALTY; REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; AND EFFECDATE. MAY 119 1999 39 BOOK F'>�Uc a,' • BOOKLOFa1Ut BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. CHAPTER 953. FAIR SHARE ROADWAY EVIPROVEMENTS Sec. 953.01. Short title. Sec. 953.02. Authority to enact chapter. Sec. 953.03. Applicability. Sec. 953.04. Purpose. Sec. 953.05. Resefyed. Legislative Finding. Sec. 953.06. Definitions. Sec. 953.07. Fee. Sec. 953.08. Time of payment. Sec. 953.09. Interpretation of the chapter and fee schedule. Sec. 953.10. Credit against payment of traffic impact fees. Sec. 953.11. Review of fee schedule. Sec. 953.12. Use of funds collected and trust funds. Sec. 953.13. Liberal construction and sepembility severability. Sec. 953.14. Penalty. Section 953.01. Short title. This chapter shall be known and may be cited as the "Indian River County Fair Share Roadway Improvements Ordinance." (Ord. No. 90-16, § 1, 9-11-90) Section 953.02. Authority to enact chapter. The board of county commissioners has authority to adopt this chapter through its general noncharter home rule powers pursuant to Article VIII of the 1968 Florida Constitution, as amended and Sections 125 and 163, Florida Statutes. (Ord. No. 90-16, § 1, 9-11-90) Section 953.03. Applicability. This chapter shall apply to the unincorporated area of Indian River County, and to the incorporated areas of Indian River County to the extent permitted by Article VIII, Section 1(f) of the 1968 Florida Constitution. (Ord. No. 90-16, § 1, 9-11-90) MAY 119 1999 0 40 • _I • Section 953.04. Purpose. It is the purpose of this chapter to: (1) Plan for the necessary capacity expansion of Indian River county's major road network system to ensure the safety and efficiency of the county's roads and to provide for the health, safety, welfare and economic well being of the citizens of Indian River County, is consistent with the mandated responsibility of the county pursuant to Section 163.3161 et seq. Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and Section 125.01, Florida Statutes. (2) Implement and be consistent with the Indian River County Comprehensive Plan and the Florida Local Government Comprehensive Planning and Laud Development Regulation Act, Section 163.3161 et seq., Florida Statutes. (3) Require all new land development activity that places additional demand on the county's major road network system to contribute its proportionate share of the funds, land or public facilities to accommodate any transportation impacts having a rational nexus to the proposed development and for which the need is reasonably attributable to the proposed development. (4) Ensure that no funds, land or public facilities are collected from new land development activity in excess of the actual amount necessary to offset the demand on the county's major road network system generated by the new land development activity. This chapter is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established in Contractors and Builders Association of Pinellas County V. City of Dunedin, 320 So.2d 314 (Fla. 1976), and Homebuilders and Contractors Association of Palm Beach County V. Palm Beach County. 446 So.2d 140 (Fla. 4th DCA 1983). (Ord. No. 90-16, § 1, 9-11-90) Section 953.05. Resetwed. Legislative Finding. The Board of County Commissioners of Indian River County finds, determines, and declares that the report entitled '11&ate of the Fairshare Roadway Impact Ordinance, Final Report". dated September 1998, sets forth a reasonable methodology and analysis for determination of the impact of new development on the need for and costs of additional right -0f -way. road constntction. and road improvements in Indian River County. Section 953.06. Definitions. Definitions used in this chapter are included in Chapter 901. (Ord. No. 90-16, § 1, 9-11-90) Section 953.07. Fee. (1) Payment of fair share fee prior to issuance of building permit. (a) Any person who shall commence any land development activity generating traffic that creates an increased demand on the county's major road network system shall be obligated to pay a "fair share roadway improvements fee' in the manner and the amount set forth in this section. (b) The fee shall be paid to the county administrator or his designee, prior to issuance of a building permit for the development and no building permit shall be final until any applicable fee has been paid. If the building permit is for less than the entire development, the fee shall be computed separately, for the amount of development covered by the permit. The obligation to pay the fee shall run with the land. (c) The impact fee shall be computed on the assumption that the property will be developed in the manner that will generate the maximum impact permitted under the applicable laws_-; 95 n T (d) Any person who, prior to the effective date of this chapter, agreed as a condition of development approval to pay impact fees shall be responsible for the payment of the fees under the terms of such agreement, and the payment of such fees by the person will be offset against any impact fees otherwise due at later stages of the development activity for which the fee was paid. MAY 119 1999 U1 BOOK Phu • I BOOK d,g P,1Gt. (2) Establishment of a fee schedule. (a) Any person who shall initiate any new land development activity generating traffic, except those preparing an individual assessment pursuant to sections 953.07(3) or 953.09(2) shall pay a "fair share roadway improvements fee" for the land development activity as established by the fee schedule set out herein for the district in which the new land development activity is to be initiated. The district boundaries are shown on the current Impact Fee Benefit District Map which is attached hereto and incorporated herein by reference. (b) The impact fees in the fee schedule have been reduced by fifteen (15) percent. Applicants preparing an individual assessment pursuant to subsection (3) of this section, shall also be entitled to a fifteen (15) percent reduction in the fee amount determined through that individual assessment. (3) Individual assessment of fiscal impact of land development activity on the major road network: the traffic impact analysis. (a) The "fair share roadway improvements fee" shall be determined by the individual assessment of the fiscal impact of land development on the major road network if. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment and pays to the county an individual assessment review fee of five hundred dollars ($500.00) or any other fee amount established by the board of county commissioners by ordinance or resolution; or The proposed land development activity requires a development of regional impact or building permit and the county administrator or his designee determines the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more to accommodate than the amount of the fee that would be generated by the use of the fee schedule_ (b) The individual assessment shall be undertaken through the submission of a traffic impact analysis, which shall include the following information: The projected trip generation rates for the proposed land development activity an$ based on the average daily traffic of the proposed land development activity. , and an a peak beer -,peak season, pe" diFeeties L The trip generation rates shall be based upon local empirical surveys of trip generation rates for the same or similar land use types that meet methodological standards acceptable to the transportation engineering profession. If local empirical surveys are not available, state and/or national trip generation rate information can be used, if it is based on methodological standards acceptable to the transportation engineering profession; 2. The pmpesed-projected trip length and percent new , vip ass*fflftew O€tlte trips geAeeateei-€r8m for the proposed land development activity based on surveys of similar land use types E►ntw Ika;'- major- mad - e -k syr and;if applieeble tseelienthe Ifip '-- '' hip dislFib"OSH - dislFihatimr nd •—rr._ assigmneal _c the d c e*isting land Trip length and percent new trips information shall be based upon local empirical surveys of similar land use types or trip-lenrA data compiled by the county administrator or his designee for average trip lengths and percent new trins for similar land use types. If local empirical surveys are not available state and/or national trip length and present new trins information can be used, if it is based on methodological standards acceptable to the transportation engineering profession T-kp distribution MAY 11, 1999 42 • 3�. The resulting_ impact fee for the protrosed land development activity will be calculated using the trip generation rate, trip length, and percent new trips, developed in the preceding sections, along with the current impact fee equation construction cost and credit equation factors. the pFejeeted gas and Reense we Fevenves, any other- Fe-venties. and the eapital (c) Prior to conducting an individual assessment. the applicant and/or his transportation planner or engineer must schedule a pre-atrolication conference with the county traffic engineer or his designee to review the type of data and analysis needed and acceptable to the county_ The traffic impact analysis submitted pursuant to section 953.07(3)(&)1: and 3. shall be submitted by the developer of the proposed land development activity and shall be prepared by qualified professionals in the field of transportation planning or engineering, and shall be submitted to the county administrator, or his designee. (d) Within twenty (20) days of receipt of a traffic impact analysis, the county administrator or his designee shall determine if it is complete. If the county administrator determines the application is not complete, he shall send a written statement specifying the deficiencies by certified mail to the person submitting the application. Unless the deficiencies are corrected, the county administrator shall take no further action on the traffic impact analysis. (e) When the county administrator determines that the traffic impact analysis is complete, he shall notify the applicant of its completion within (5) days, and he shall review it the analysis within twenty (20) days. If it is not reviewed within these timeframes, then the item will be scheduled for the next available board of county commissioners meeting. (f) If on the basis of generally recognized principles of traffic engineering it is determined in the individual assessment that the county's cost to accommodate the proposed land development activity is substantially different than from the fee set down in section 953.07(2)(a), the amount of the "fair share roadway improvement fee" shall be varied from that in the fee schedule to an amount consistent with the amount determined in the individual assessment. (g) Any person may appeal the county administrator's decision on his individual assessment by filing a petition with the board of county commissioners within thirty (30) days of a decision by the county administrator. In reviewing the decision, the board of county commissioners shall use the standards established in section 953.07(3)(f). (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 9425, §§ 15, 16.8-31-94) Section 953.08. Time of payment. No building permit approval shall be issued until any applicable "fair share roadway improvements fee" is paid according to these provisions. The obligation to pay the fee shall run with the land. (Ord. No. 90-16, § 1, 9-11-90) MAY 119 1999 43 • BOOK 1091 °4C;.25 F, BOOK J0j� E Ff1Gt fp Section 953.09. Interpretation of the chapter and fee schedule. (1) Interpretation. Interpretation of all provisions of this chapter, including whether a proposed land development activity is identified in one of the land use types in the fee schedule established in section 953.07(2)(a). shall be made by the county administrator, or his designee. (2) Fair share fee determination for land development activity not Included in fee schedules. (a) Any person who shall initiate any land development activity interpreted by the county administrator or hisor his designee as not included in the fee schedule established in section 953.07(2)(x) and traffic impact feedevelopment policies report shall submit a request to the county administrator or hts destgnee for a fair share fee determination for the proposed land development activity pursuant to the terms of this chapter. The fair share fee determination shall be the "fair share roadway improvement fee" exacted for the proposed land development activity pursuant to the terms of this chapter. (b) The county administrator or his desienee shall prepare the fair share fee determination within thirty (30) days after a formal request has been made b any person who initiate land development interpreted as not expressly included in the fee schedule iproposes section 953.07(2)(x). (c) In completing the fair share fee determination, the county administrator or his desienee shall consider the information outlined in section 953.07 3 b--+y�g.; -Reeess (d) Any Person may contest the county administrator's fair share fee determination for his Proposed land development activity by preparing an individual assessment for the proposed land development activity pursuant to section 953.07(3)(b), and submitting it to the county administrator. The traffic impact analysis shall be prepared by qualified professionals in the acco field of transportation planning or engineering and shall he processed and determined in rdance with section 953.07 3 d throw heeHH", ad !I! sill-Hot-de-eizilkies it if the- aflfti� -is- URI 5 the Wei file fie4ffVae+ MAY 119 1999 (Ord. No. 90-16, § 1, 9-11-90) Section 953.10. Credit against payment of traffic impact fees. (1) Any person who shall commence any land development activity generating traffic may apply for a credit against any fee owed pursuant to the provisions of this chapter for any contribution, payment, construction, or land accepted and received by Indian River County or any municipality participating in this chapter, including any contribution, payment or construction made pursuant to a development order issued by Indian River County or any participating municipality Pursuant to its local development regulation or Section 380.06, Florida Statutes, or any additional development requirement imposed by the Florida Land onal and Water Adjudicatory Commission on a development of regional impact. (2) The credit shall be in an amount equal to the market value as of the date of the contribution, payment. construction or land dedication. No credit shall exceed the fee for the proposed impact generating activity imposed by this chapter, unless a credit (developer's) agreement is completed which provides use of excess credits and stipulates how the excess credits will be applied toward additional lands owned by a developer within the same traffic impact fee benefit district. (3) No credit shall be granted for any costs, contribution, payment, construction or land received by Indian River County or any municipality participating in this chapter where such costs were incurred or contributions made in relation to development for which a building permit was issued prior to March 1, 1986. (4) No credit shall be granted for any costs, contribution, payment, construction or land received by Indian River County or any municipality participating in this chapter if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the county administrator or his designee and is fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived. (5) The determination of any credit amount shall be undertaken through the submission of a proposed credit agreement, on an application form provided by the county, to the county director of community development for initial review before submission to the county administrator. Within twenty (20) days of receipt of a proposed credit agreement; the community development director or his designee shall determine if the proposal is complete. If it is determined that the proposed agreement is not complete, the director of community development or his designee shall send a written statement to the applicant outlining the deficiencies. The county shall take no further action on the proposed credit agreement until all application submittal deficiencies have been corrected or otherwise settled. (6) Once the proposal is determined to be complete, within thirty (30) days of such a determination, the county administrator or his designee shall review the proposed agreement, and shall grant said a if the provisions and requirements of seege s3 +9 agreement �_. ��� s cha ter are satisfied. (a) No credit shall be given for site -related improvements or site -related right -of --way dedications. (b) Site -related improvements are capital improvements and right -of --way dedications for direct access to and/or within a development. Direct access improvements include, but are not limited to, the following: MAY 119 1999 Access roads leading to and from the development; The paving and/or improvement of a thoroughfare plan roadway segment. as-a-twe_ ice° where such improvement is necessary to provide paved access to and from the Project, if the roadway segment is not scheduled to be improved within five (5) Years from the time of the credit agreement, as shown on the adopted capital improvements program; Driveways and roads within the development; 45 BOOK%, F-AGc "'1 r BOOK�COJ F, G, J� 6 4. Acceleration and deceleration lanes, and right and left turn lanes leading to those roads and driveways within the development; 5. Traffic control devices (including signs, marking, channelization and signals) for those roads and driveways within the development. (c) No credit shall be given for improvements or right-of-way dedications unless such improvement(s) or dedication(s) meets an expansion need of the county's road network system avhieh and is identified either in the county's twenty-year transportation capital improvements program or in the transportation capital improvements program of a municipality participative m this chapter . (7) All required right -of --way dedications and/or roadway improvements, which are compensable, made by a fee payer subsequent to October 9, 1992, shall be creditable against road impact fees otherwise due or to become due for the development that prompted the county or the municipality to require such dedications or roadway improvements. Such credits shall be determined as provided as set forth herein. (8) Credit for the dedication of non -site related right-of-way shall be valued as of the date of the dedication at one hundred fifteen (115) percent of the most recent assessed value by the Indian River County Property appraiser or, at the option of the fee payer, by fair market value established by an independent pn^vara anera�sal approved by and dthe county u Uc works a credit agreemenn ap ant no expense to the county. Credit for• the dedication of right-of-way shall be provided when t has been approved by the county administrator or his designee and when the property has been conveyed at no charge to and accepted by the county, or if appropriate, a municipality participating in this chapter in a manner satisfactory to the governing body to which the dedication is made. As part of the referenced county credit agreement, the applicant shall supply to the county at his or her own expense, the following: (a) A drawing and legal description of the land; and (b) A certificate of tide or tide search of the land. (90 To receive a credit for construction ON non -site related road improvements, an applicant shall submit to the county director of community development a proposed credit agreement application pursuant to section 953.10(3), along with engineering drawings and specifications, and construction cost estimates prepared and certified by a duly qualified and licensed Florida Engineer. The county director of community development or his designee will coordinate review and approval of the application with the county public works director. The county public works director shall determine credit for roadway construction based on either these costs estimates or an alternative engineering criterion and construction cost estimate if the county public works director determines that such estimates submitted by the applicant are either unreliable, inaccurate or in excess of normal construction costs for such project. COQ) Credit for non -site related construction is limited to capital improvements. A capital improvement includes preliminary engineering, engineering design studies, land surveys, engineering, permitting, and construction of all necessary features for any road construction project including, but not limited to: a}. Construction of eF new through lanes; b_?. Construction of new turn lanes (not related to the project site); 93- Construction of new bridges; 44. Construction of new drainage facilities in conjunction with new roadway construction; e3. Purchase and installation of traffic signalization, including new upgraded signalization and other traffic control devices (not related to the project site); f6. Construction of curbs, medians, and shoulders (not related to the project site); and g-7. Relocating utilities to accommodate new roadway construction. RQU) In order to maintain the pro rata or proportionate share purpose of the Fair Share Roadway Improvement Ordinance, it is necessary that a uniform method be used countywide in determining credit against fee. Therefore, the county, when considering compensation or credit for the road right-of-way, shall apply the right-of-way standards it has established in the unincorporated areas throughout the entire county. i*-, ccordinI dedication of the minimum local road widths (sixty (60) feet with swale; fifty (50) feet with curb and gutter) is non -compensable, thus putting the unincorporated the integrity areas and the incorporated areas in the same posture thereby maintaining grity of the pro rata or proportionate share concept. MAY 119 1999 0 40 • (124-0 Credits shall not be transferable from one project or development to another without the approval of the county administrator or his designee Credit develeWmat in a diffefeal transfers may be approved only when the project or development where the credits are being transferred from is within the same impact fee benefit district as the protect or development where the credits are being transferred to. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 28, 9-29-92) Section 953.11. Review of fee schedule. Prior to the adoption of the annual budget in every even numbered year, the board of county commissioners shall receive a report from the county administrator or his designee on the review of the "fair share roadway improvements fee" schedule in section 953.07(2)(a), along with any recommended changes in the fee schedule. Changes in the schedule shall be based on any revisions to the population projections for the county, travel characteristics, road costs or inflation. (Ord. No. 90-16, § 1, 9-11-90) Section 953.12. Use of funds collected and trust funds. (1) Intent. Any "fair share roadway improvement fees" collected pursuant to the terms of this article are expressly designated for accommodation of impacts reasonably attributable to the proposed land development activity generating traffic as hereinafter provided in this section. (2) Establishment of fair share roadway improvement trust fund and trust accounts. There is hereby established the "fair share roadway improvements trust fund" (trust fund) for the purpose of ensuring that the fees collected pursuant to this chapter are designated for the accommodation of impacts reasonably attributable to the proposed land development activity generating traffic and are consistent with the Indian River County Comprehensive Plan. The trust fund shall be divided into three nine (339) separate trust accounts, one for each district as shown on the Current Impact Fee Benefit District Map which is attached hereto and incorporated herein by reference. Impact fees collected and deposited into the original nine trust accounts prior to the effective date of this ordinance shall be expended in the original district in which they were collected until all funds within said districts have been expended accordine to the provisions of this ordinance. The original LmM fee district boundaries are shown on the Interim Impact Fee Benefit District Map which is attached hereto and incorporated herein by reference. (3) Payment of fair share fees into trust accounts. "Fair share roadway improvement fees" collected pursuant to this chapter shall be paid into the trust accounts established for the district in which the new land development activity is proposed. (4) Expenditure of fair share fees in trust accounts. (a) Proceeds from the trust accounts shall be used exclusively for capital expansion of the county's major road network system as identified on the county's and/or other municipalities' Thoroughfare Plan Maps, in the district from which the monies have come, and in a manner consistent with the Indian River County Comprehensive Plan. , except that. until the trust fund accounts of the nine original benefit districts have been expended the following percent of proceeds from the nine (9) trust accounts may be used outside the district boundaries for capacity expansion of bridge facilities and their access roads connecting Orchid Island and the mainland: District I—thirty-one (31) percent; District II—nineteen (19) percent; District III --eight (8) percent; District IV—nine (9) percent; District V—ten (10) percent; District VI—four (4) percent; District VII—four (4) percent; District VIII—ten (10) percent; and District IX—five (5) percent. (b) Any funds in each of the trust accounts on deposit, not immediately necessary for expenditure, shall be invested in interest-bearing assets. All income derived from these investments shall be retained in the applicable trust account. (c) Each year, at the time the annual county budget is reviewed, the county administrator or his designee shall propose appropriations to be spent from the trust accounts. Any amounts not appropriated from the trust accounts by the county administrator or his designee, together with any interest earnings shall be carried over in the specific trust account to the following fiscal period. (5) Return of fair share fees if not encumbered for capital roadway improvements. (a) Any "fair share roadway improvements fees" collected shall be returned to the feepayer, or his successor in interest, if the fees have not been spent within six (6) years from the date the fees were paid, with simple interest at the same rate the County has earned over the same period on its pooled investment from the State Board of Administration Local Government Trust Fund . Provided, however, that the board of county commissioners may by resolution extend for up to three (3) years the date at which MAY 11, 1999 47 • BOOK 109 FAGS '57 BOOK FAr,ExB - 7 40 fees must be refunded if they are to be committed within that time for capacity expansion of the bridge facilities connecting Orchid Island and the mainland. Such an extension shall be made upon a finding that within such three-year period bridge facility improvements are planned to be constructed that are reasonably attributable to the feepayer s land development activity. "Fair share roadway improvement fees" collected shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent for roadway improvements. (b) The refund of "fair share roadway improvements fees" shall be undertaken through the submission of a refund application to be submitted within one year following the end of the sixth year from the date on which the "fair share roadway improvements fee" was paid. If the time of refund has been extended pursuant to section 953.12(5)(a), the refund application shall be submitted within one year following the end of this extension. The refund application shall include the following information: A notarized swom statement that the feepayer paid the "fair share roadway improvements fee" for the property and the amount paid; A copy of the receipt issued by the county for payment of the fee; and, if applicable. Certified proof that the applicant is the successor in interest to the feepayer. (c) Within twenty (20) days of receipt of the refund application, the county administrator or his designee shall determine if it is complete. If the county administrator or his designee determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the county administrator shall take no further action on the refund application. (d) When the county administrator or his designee has determined that the refund application is complete, he shall review it within twenty (20) days, and shall approve the proposed refund if he determines the feepayer has paid a "fair share roadway improvements fee," which the county has not spent (exeambered) or (encumbered through a construction contract}within the time established in section 953.12(5)(a). (e) Any feepayer or his successor in interest, if applicable, may appeal the county administrators decision on his refund application, by filing a petition with the Indian River County Board of County Commissioners within thirty (30) days of a decision by the county administrator. In reviewing the decision, the board of county commissioners shall use the standards established in section 953.12(5. (6) Refund of fair share fee upon cancellation of land development activiq• due to noncommencement. (a) Any "fair share roadway improvements fees" collected shall be refunded to the feepayer or his successor in interest, if the land development activity generating traffic is canceled due to noncommencement, and if the fees have not been spent4exeembem& or (encumbered through a construction contract) unless the applicant has waived his right for a refund of his traffic impact fee by obtaining an extended concuirrencv determination certificate nursuant to Chapter 910 of the county land development regulations. The refund shall include interest at the same rate the County has earned over the same period on its pooled investment from the State Board of Administration Local Government Trust Fund. "Fair share roadway improvement fees" collected shall be deemed to be spent (ett owJ or (encumbered through a construction contract) on the basis of the first fee collected shall be the first fee spent for the roadway improvement. (b) The refund of "fair share roadway improvement fees" shall be undertaken within ninety (90) days of noncommencement through the submission of a refund application. which application shall include the following information: 1. A notarized sworn statement that the feepayer paid the "fair share roadway improvements fee" for the property and the amount paid; 2. A copy of the receipt issued by the county for payment of the fee; 3. A certified copy of a certificate signed by the feepayer or his successor in interest relinquishing the building permit received for the land development activity; and if applicable, 4. Certified proof that the applicant is a successor in interest to the feepayor. (c) The county administrator or his designee shall review the refund application within thirty (30) days from the date of its receipt and determine whether the land development activity has been canceled due to noncommencement. (d) Only those "fair share roadway improvement fees" paid for land development activity which the county administrator determines has been canceled due to noncomrnencement and lies which have not been encumbered or §pent shall be returned to the feepayer or his successor MAY 119 1999 48 • in interest, with interest at the same rate the County has earned over the same period on its pooled investment from the State Board of Administration Local Government Trust Fund (e) Any feepayer or his successor in interest may appeal the county administrator's decision on his refund application by filing a petition with the board of county commissioners within thirty (30) days of the final decision of the county administrator. In reviewing the decision, the county commission shall use the standards established in section 953.12(5)0. (Ord. No. 90-16, § 1, 9-11-90) Section 953.13. Liberal construction and seperehifity severability. (1) The provisions of this chapter shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. (2) All ordinances sec-siexs or parts of ordinances seetiees of Indian River County in conflict with the provisions of this chapter are repealed to the extent of such conflict. (3) If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional, inoperative. or void by any court of competent jurisdiction, such portion shall be deemed separate, distinct and an independent provision, and such holding shall not affect the validity of the remaining portion of this chapter hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional invalid or inoperative part. (Ord. No. 90-16, § 1, 9-11-90) Section 953.14. Penalty. (1) Any building permit used for new construction as covered by these provision but without payment of the "fair share roadway improvements fee" as required by these provisions shall be void. (Ord. No. 90-16, § 1, 9-11-90) • �mvvvvv��v A A4.. MENOMONEE Coding: words in sidlce;hr-eugh type are deletions from existing law. Words underlined are additions. MAY 119 1999 49 8OOK U0 FAC, t, BOOK JOJ pA,,E , o;Ommmow mt0WRIM!W-1 �F; �" - I .... , MAY 119 1999 0 40 �v0�0v�vv .... , MAY 119 1999 0 40 MAY 119 1999 0 40 • 0 1111MINIMIll N.-- b d O ca C .4 M1111111 O 1111MINIMIll 3 sees�sse to d E ases�eessees y tn �eseese� eses��es�ee, �sesesss G ON oses�ees�ees Q � JrI` V � w seeeesse 1� eees�e�sseo� �eeeesse ee�e�eeesees eeAeseoesees eeee�eoeseee IMINIIIII N.-- b d O ca C .4 M1111111 O a 3 sees�sse to d E �sssesss y tn �eseese� �sesesss G ON �eeees,e Q � JrI` V � w seeeesse 1� �eeeesse e N.-- b d O ca C .4 C O a 3 to d E 0 w y tn N b G .y G ON •� Q � JrI` V � w 1� I BOOK J0j PAGE Impact Fee Benefit Districts vx www 9 3 0 3 a MW_ Current Indian River County Impact Fee Benefit Districts Indian River County Traffic Impact Fees Payment Schedule Land Use Unit Rate Residential: Single Family du $1,523 Accessory Single -Family du $830 Multi -Family du $830 Mobile Home du $568 Hotel room $960 Motel room $512 Nursing Home bed $159 ACLF bed $129 Office and Financial: Medical Office 1,000 gsf $4,542 Bank 1.000 gsf $4,603 Bank w/Drive-In 1.000 gsf $7.801 Office under 10.000 GSF 1.000 gsf $2.644 Office over 10,000 GSF 1,000 gsf $1.550 Industrial: Manufacturing 1.000 gsf $446 Warehouse 1.000 gsf $570 Mini -Warehouse 1.000 gsf $292 General Industrial 1.000 gsf $814 Concrete Plant acre $1.822 Sand Mining acre $234 Retail: Retail under 10,000 GSF 1,000 gsf $3.387 Retail 10.001 to 50,000 GSF 1,000 gsf $2.436 Retail 50,001 to 100,000 GSF 1,000 gsf $2.170 Retail 100.001 to 200,000 GSF 1,000 gsf $1,913 MAY 11, 1999 52 Land Use Unit Rate Retail over 200.000 GSF 1,000 gsf $1,971 Gas Station fueling pos. $1.859 New and Used Auto Sales 1.000 gsf $3,847 Quality Restaurant 1.000 gsf $5.753 Restaurant 1.000 gsf $7.625 Fast Food Restaurant 1,000 gsf $11,468 Supermarket 1.000 gsf $3,720 Auto Repair 1.000 gsf $2.645 Car Wash stall $4.882 Convenience Store 1,000 gsf $7,230 Convenience Store with Gas and Fast Food fueling pos. $6,289 Furniture Store 1,000 gsf $467 Recreational: Golf Course acre $702 Racquet Club 1.000 gsf $1,904 County Park acres $223 Tennis Court court $3.301 Marina berth $329 Govemmental: Post Office 1.000 gsf $4.807 library 1.000 gsf $5.827 Government Office 1.000 gsf $8.047 Jail bed $131 Miscellaneous: Day Care Center 1.000 gsf $2.944 Hospital 1,000 gsf $1.829 Veterinary Clinic 1.000 gsf $1,168 Church 1,000 gsf $873 Movie Theater w/ Matinee screens $7.568 School (Elementary) student $39 School (High) student $149 School (College) student $297 Fire Station (w/o beds) 1.000 gsf $329 Note: gsf = gross square feet (Ord. No. 96-6, § 16, 2-27-96; Ord. No. 96-24, § 5, 12-17-96) 2. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. CODIFICATION The provisions of this ordinance shall be incorporated into the county code and the word "Ordinance" may be changed to "section', "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. MAY 11, 1999 53 BOOK i FAGF I BOOK F'A' .7 4. EFFECTIVE DATE The provisions of this ordinance shall become effective on October 1st ,1999. However, in recognition of the improved data and analysis underlying this revision to the Indian River County Fair Share Roadway Improvements Ordinance, any fee payer who may benefit from the fee schedule adopted herein may elect to pay the new fees adopted herein upon filing of this ordinance with the Department of State. This ordinance was advertised in the Vero Beach Press-Joumal on the 28' day of April, 1999, for public hearing to be held on the I I' day of May, 1999, at which time at the final hearing it was moved for adoption by Commissioner G i n n , seconded by Commissioner Adams , and adopted by the following vote; Chairman Kenneth R. Macht Aye Vice -Chairman Fran B. Adams Aye Commissioner Ruth Stanbridge AMP Commissioner Caroline D. Ginn Ay e Commissioner John W. Tippin Ay e The majority having voted approval, the ordinance was adopted by the Board of County Commissioners of Indian River County, Florida on this I I'a day of May, 1999. BOARD OF COUNTY COMMISSIONERS OF ]ND CO By: K A& R. Macht,hairman ATTEST BY: Je K..Darton, Cle Filed with the Department of State on the day of , 1999. Acknowledgment by the Department of State of the State of Florida this day of , 1999. APPROVED A�S�TOpLEGAL FORM William G. Collins Deputy County Attorney u\v\s\ldrord MAY 11, 1999 APP AS TO PLANNING MATTERS Robert M. Keating, AICP Community Development irec �rirL�a�E'L'n� �•��!�E�l7fiC�ii Coding: words in Neagh type are deletions from existing law. Words underlined are additions. 54 9.C. PUBLIC NOTICE ITEM - RESCHEDULED PUBLIC HEARING TO CONSIDER NEW RATES, FEES AND CHARGES FOR DEPARTMENT OF UTILITY SERVICES - JUNE 22, 1999 The Chairman read the following Memorandum dated May 4, 1999 into the record: DATE: MAY 4,1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: D I ONALD IL HUBBS, P.E. DIRECTOR OF UTILITY S CES FROM: JEFFREY SMITH, CPA ASSISTANT DIRECTOR OIC SERVICES SUBJECT: NOTICE OF RE -SCHEDULING PUBLIC HEARING It is requested that the user charge information presented on April 13, 1999, be given formal consideration by the Board of County Commissioners at its regular meeting of June 22, 1999. DESCRIPTION AND CONDITIONS: The draft resolution and subsequent code modification recommendations will be presented to the Board of County Commissioners on June 22, 1999 and will parallel that presented on April 13 1999. The Final completed report will be available for review in the Board of County Commissioners office and in the Dept. of Utilities Services. As per Utility Advisory Committee recommendation, the Public Hearing is recommended to be postponed to allow for a better definition of "Multi -family Designation', considering that a clearly defined code will lead to reduced mis-interpretation and customer dispute. As per Florida Statutes, the Public Hearing will be advertised no less than 10 consecutive days prior to June 22, 1999. The attached draft resolution will constitute the subject of the proposed rate changes, final versions to follow in the June 22nd agenda. RECOMMENDATION: The above referenced public hearing date is provided for the Board of County Commissioners information. No action is needed. NO ACTION REQUIRED OR TAKEN. 11.A. JUNGLE TRAIL MANAGEMENT PLAN - FINAL DRAFT FOR TRANSMITTAL TO LAMAC (CAIRNS AND IRWIN TRACTS Environmental Planning & Code Enforcement Chief Roland M. DeBlois reviewed a Memorandum of May 4, 1999 using Attachment 1(which can be found in the backup for the meeting) displayed on the ELMO: MAY 119 1999 55 BOCK PAGE X65 I BOOK 103 mu TO: James E. Chandler County Administrator DEP 6RfMENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director FROM: Roland M. DeBloisP Chief, Environmental Planning DATE: May 4, 1999 SUBJECT: Approval of Management Plan for the Jungle Trail Conservation Area (Cairns and Irwin Tracts) for Transmittal to the State It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 11, 1999. Background On April 22, 1997, the Board approved hiring Bellomo-Herbert and Company, Inc. (subcontracted by F1oridAffinity, Inc.) to draft a management plan for the Cairns tract. The ±104 acre Cairns tract, located on south Jungle Trail, was purchased in October 1996 under a 50/50 cost -share agreement with the State Conservation and Recreation Lands (CARL) program, whereby the State obtained title to the property. On January 14, 1997, the Board of County Commissioners approved a lease agreement with the State for the County to manage the Cairns tract. In May 1998, the County and State purchased the ±8 acre oceanfront Irwin tract contiguous to and south of the Cairns tract, and the lease/management agreement was extended to include the Irwin tract. The combined Cairns and Irwin tracts are currently referred to as the "Jungle Trail Conservation Area." On September 1, 1998, the Board adopted a resolution establishing the Jungle Trail Conservation Area (JTCA) Advisory Group. The Advisory Group was established to fulfill state procedural requirements for the development of management plans for CARL program properties. Florida Statutes Section 259.032(10) provides that the Advisory Group must conduct at least one advertised public hearing, with a management prospectus made available to the public for a period of 30 days prior to the public hearing. Accordingly, the Advisory Group held a hearing/workshop on April 21, 1999 for public comments on a final draft management plan (see attached unapproved minutes). This matter is herein presented for the Board to approve the final draft management plan for transmittal to the State Land Acquisition and Management Advisory Council (LAMAC) for State approval of the plan. Overview of Management Plan The management plan consists of two interrelated components: the resource management component and the land use component. The resource component provides an inventory and assessment of the site's natural and cultural resources. Resource management needs are identified, and specific management objectives are established for each resource type. This component provides guidance on the application of such measures as nuisance exotic plant eradication and restoration of natural conditions. The land use component relates to public access and passive recreational facilities. Based on consideration such as access, population and adjacent uses, an allocation of the site's physical space is made, locating use areas and proposing types of facilities and volume of use to be provided. MAY 119 1999 56 Following is a bullet summary of proposed improvements and management activities. • Nuisance exotic plants will be eradicated over time by a combination of mechanical clearing and herbicide application with follow-up monitoring, to be undertaken by an experienced, specialized contractor. Public access improvements will be located in currently "disturbed" areas to the extent feasible, to minimize impacts to natural areas. • Two limited parking areas are proposed (±10 parking spaces each); one accessed off Jungle Trail, the other east of SR AIA. No formal SR AIA pedestrian crossing is proposed. • The Jungle Trail access area is planned to have a restroom facility and pavilion(s), serving as a trail head for nature -walk trails throughout the ±80 acres between Jungle Trail and SR AIA. The Jungle Trail parking area and restrooms are to be fimded with Jungle Trail enhancement project ISTEA fiords. • The oceanfront access will be limited to a ±10 pace parking area, accessing a meandering nature trail/path leading to a single dune crossover. • Access facilities will be designed so as not to disturb cultural resources on site. Signs and displays are proposed for educational purposes relating to the site's cultural and natural resources. • An existing boat dock will be kept and improved to serve as a public access point and "water taxi" landing for use by the Environmental Learning Center, similar organizations and groups, and the general public. • Trails and improvements will be interior to the property to minimize potential public use nuisance impacts to adjacent private properties. • Boundary markers are proposed along property lines in lieu of fencing. The option of fencing is left open to address security needs along certain boundaries as may arise once the property is formally opened to the public. Cost/Funding Addendum 8 of the proposed management plan presents a priority schedule and cost estimates in tabular form (see attached). The table footnotes those costs to be funded with ISTEA monies and anticipated recreational development (FRDAP) grants. With respect to the overall cost estimates, it is possible that the actual cost of re -vegetation will be substantially less than the estimate of $182,400, in that natural recruitment/ growth of native plants in areas of exotics eradication will minimize the need for native landscape plantings. Given the anticipated grant funding and conservative cost estimates, it is anticipated that the cost to the County will be substantially less than the total estimate of $772,877 for the improvements. The proposed source of County fiords for the improvements are environmental land bond funds, mitigation fiords, and tree fine funds. Advisory Group Recommendations The JTCA Advisory Group met five times from October 1998 to April 1999 to develop and review the proposed management plan, including the public hearing/workshop held on April 21, 1999. The final draft plan incorporates Advisory Group recommendations from those meetings. One recommendation, however, that has not yet been addressed relates to the name of the conservation area. The consensus of the Advisory Group is to change the name of the conservation area to distinguish it from the overall Jungle Trail greenway. While the Group did not have a specific recommendation for a name change, one alternative discussed was to make reference to the cultural history of the property, in that it was the homestead of Captain Forster, a pioneer in the County's history. The other thought was to tie the name to a geographic feature of the property. MAY 11, 1999 57 I BOOK 109 qF AB FAGL �;,;; Staff recommends that the Board of County Commissioners approve the final draft Jungle Trail Conservation Area Management Plan for transmittal to the State Land Acquisition and Management Advisory Council (LAMAQ for State approval, with the caveat that the County reserves the right to rename the conservation area. Staff also recommends that the Board direct staff to coordinate with Advisory Group members to develop a list of potential names for the property and report back to the Board for Board selection of a name. General maps of the Jungle Trail Conservation Area showing (conceptual) improvements Copy of Addendum 8, Priority Schedule and Cost Estimates Unapproved minutes from the 04/21/99 Advisory Group hearing/workshop NOTE: The proposed management plan is available for review in the County Commission Office Vice Chairman Adams felt the meandering path to the beach from AlA would be restrictive for many people who cannot walk a good distance. She did not want to discourage people from using the park for an entrance to the beach and preferred to see the path straightened out. Mr. DeBlois understood Vice Chairman Adams' concern and pointed out that was discussed with the advisory group and the general concept was not to make it a full-blown public beach park, but more of a nature trail access point from an environmental standpoint. Certainly, it was the Commission's pleasure to determine the concept of how they wanted the path configured. Commissioner Ginn suggested a compromise might be achieved, and Commissioner Stanbridge advised there is an existing meandering trail to the beach and probably some of the turns could be eliminated. Commissioner Ginn wondered if any funds were still available from mitigation funds or tree fine funds and a brief discussion about funding sources followed. Then she cautioned that this project is getting expensive and wondered about on-going maintenance, our liability, and crossover walks for AIA. Mr. DeBlois advised there is already an existing crossover to the south, but there is no crossover proposed at the present for this project. Vice Chairman Adams voiced her concern about re -vegetation after the exotics are removed, and Mr. DeBlois advised that the concept is to encourage growth and supplement with native planting, that is indigenous plants typical to a maritime hammock, which would be minimized if removal of the exotics is managed correctly. Mr. DeBlois also spoke briefly MAY 119 1999 58 to it of trail enhancements. He did not believe the cost would go too high, the most cost would be for clearing. Commissioner Stanbridge inquired whether this would require a consultant or if the ISTEA enhancements could be handled by Public Works, and Community Development Director Bob Keating reported that Public Works planned to do all the design work and manage the construction work because they are now LAP (Local Assistance Program) certified. She pointed out the study was done by a consultant and the projected prices are much higher than similar work performed by staff. The Board will be able to control the actual implementation and cost. Commissioner Ginn wanted the parking area to be kept natural, and Director Keating advised they are looking for alternatives to asphalt for the surface treatment of the parking area. Commissioner Ginn wanted staffto track the costs on this and Director Keating agreed it would be done. Chairman Macht commented that this was his committee (Jungle Trail Conservation Area Advisory Committee) and approval today would cause it to sunset. He thanked the committee members for their hard work and a great job in refining the consultant's report. His main point was that the committee should continue in some form and suggested the Board re-formulate the committee in whatever structure they see fit and bring a recommendation to the Board for approval. Further he suggested that Commissioner Stanbridge chair the committee if she would agree. Commissioner Ginn thought it an excellent suggestion and Commissioner Stanbridge thought the committee should track all preservation areas and not isolate one area from the others. Chairman Macht recommended Commissioner Stanbridge include that in the committee's tasks. ON MOTION by Vice Chairman Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the final draft Jungle Trail Conservation Area Management Plan for transmittal to the State Land Acquisition and Management Advisory Council (LAMAC) for State approval, and directed that the final design of the beach route go before the Parks and Recreation Committee with the caveat that the County reserves MAY 119 1999 59 BOOK i0o I'o-1Gt r BOOK ' pmu the right to rename the conservation area. The Board also directed staff to coordinate with JTCA Advisory Croup members to develop a list of potential names for the property and report back for the Board to select a name. ON MOTION by Commissioner Tippin, SECONDED BY Vice Chairman Adams, the Board unanimously approved the reorganization/continuance of the committee, that its purpose be expanded (as discussed above) for submission to the Board, and that Commissioner Stanbridge chair the committee. The Chairman and Commissioners thanked the advisory committee members for a job well done. H.C. DISCUSSION CONCERNING TERMINATION OF FOOD SERVICE CONCESSION LICENSE - TROGDON (ORIGINALLY BARKER The Board reviewed a Memorandum of May 10, 1999: TO: The Board of County Commissioners 44--(70 FROM: Thomas Frame - Director of General Services Terrence P. O'Brien - Assistant County Attorney DATE: May 10, 1999 SUBJECT: Termination of Food Service Concession License The current licensee for the food service concession has failed on several occasions to be open for service during work days. This random closing is disruptive of employees' and visitors' plans to utilize the facility. This has been made known to the current licensee but the random closings continue. It is recommended that the Board of County Commissioners adopt the attached resolution which will terminate the license in accordance with the terms of the license. TPO/nhm Attachment MAY 119 1999 0 0 -I General Services Director Tom Frame gave a brief history of the caf6 concession licensees and told of the recent random closings and notices given to the current licensee and responses received. Vice Chairman Adams asked Director Frame if he knew the reasons for the random closings. She pointed out how difficult it is to make money and to hire and pay an employee with our small caf6 operation. The move out of the Tax Collector's office caused a loss of public flow as well as internal flow from the employees of that office. Director Frame responded that he had been advised they were closed due to various personal reasons but he had no details. He stated that Ms. Trogdon had recently assured him she would call his office in the future if the caE would not be open, but that has not been done. Vice Chairman Adams was concerned about the employees who depend on the caf6 being open. She wanted to be careful about terminating the license without a replacement because it would hurt our own employees. She thought it was better to fix the current problem or find a replacement, so it would not be shut down. She did not want to revert back to having just machines in the caf6 if it can be avoided. She had some alternatives to discuss with Director Frame and suggested the Commission defer action for at least a week. Director Frame stated that deferring a decision for a week would not make a difference. County Attorney Vitanac reminded the Commissioners that even if they acted today to terminate the license, there will be a period of time after the notice is provided to find a replacement or other answer. There was CONSENSUS to defer the matter to next week. 11.G. BID #9056 - ARTIFICIAL REEF PROJECT - McCULLY MARINE SERVICES, INC. The Board reviewed a Memorandum of May 4, 1999: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E Public Works Director FROM: Jeffrey R. Tabar, P.E , Coastal Engineer MAY 119 1999 61 BOOK 109 PAGE k27 BOOK 103 FAGS `7 SUBJECT: AWARD OF BID #9056 - McCully Marine Services Artificial Reef Project DATE: May 4, 1999 DESCRIPTION AND CONDITIONS On March 16, 1999, during the Board of County Commission regular meeting, the Board approved a $25,000 grant agreement with the Florida Department of Environmental Protection (FDEP) for the construction of four (4) artificial reef sites. These reef sites are located approximately ten miles offshore of Sebastian Inlet. Bids were received on April 30, 1999 as follows: Budget $ 25,000 Following the bid opening, staff contacted the Sebastian Inlet Sports Fishing Association (SISFA) to inquire if any additional funds would be available for the project. SISFA responded by donating $5,000 to the project bringing the total project budget to $30,000. The original bid was based on the placement of 2000 tons of material (500 tons/site). Staff has prepared a Change Orderto the original bid which calls forthe placement of 1300 tons of material (325 tons/site). The change order reduces the contract cost by $16,100, resulting in a total revised cost of $29,900. RECOMMENDATIONS AND FUNDING Staff recommends the bid be awarded to McCully Marine Services. Inc. and approval of Change Order No.1 to reduce the contract cost by $16,100, resulting in a total revised cost of $29,900. Funding is from the Beach Restoration Fund 128-144-572, with a contribution of $5,000 from the Sebastian Inlet Sports Fishing Association. ATTACHMENT Bid Tabulation Contract Change Order No. 1 Vice Chairman Adams complimented Coastal Engineer Jeffrey R Tabar and Public Works Director James Davis for their efforts in negotiating this contract. MAY 119 1999 62 ON MOTION by Vice Chairman Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously awarded bid #9056 to McCully Marine Services Inc., for the artificial reef project and approved Change Order No. 1 to reduce the contract cost to $29,900 (13 00 tons of material) and accepted the $5,000 contributionfromthe Sebastian Inlet Sports Fishing Association, as recommended in the Memorandum. BID DOCUMENTS CAN BE FOUND IN TAE BACKUP FOR TAE M MMG CHANGE ORDER IS ON FILE IN TAE CLERK TO TAE BOARD OFFICE H.H. PETITION WATER SERVICES - FLORAVON SHORES (110TH PLACE The Board reviewed a Memorandum of May 3, 1999: DATE: MAY 3, 1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR '• DONALD R. HUBBS,�7 I,_ • C • 1-1I1 .MM J NNi PREPARED JAMES D. CHAST v AND STAFFED MANAGER OF ASSB89NIENT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FLORAVON SHORES SUBDIVISION PETITION WATER SERVICE (I le PLACE) INDIAN RIVER COUNTY PROJECT NO. UW -99 -03 -DS BACKGROUND A petition has been received from the residents of 11 & Place, the V' of two streets in Floravon Shores Subdivision requesting the County to supply potable water to its residents. A petition for water for 110' Street, the other street in this subdivision resulted in the installation of a County water system, which was completed with the final assessment, September 1, 1998. We are now coming to the Board of County Commissioners to seek approval to begin design of the above-mentioned project. (See attached petition and plat map.) ANALYSIS Of the 13 homes on 110` Place (one under construction) 11 home owners have signed the petition (85% of the homes) for County water due to substandard quality of their well water. Although this MAY 119 1999 63 BOOK l FAGS 2 -4 represents just 52% of the 21 lots, 8 lots being vacant, staff believes the project should begin to move forward at this time. Staff has been encouraged by the petitioner and resident home owners supporting the project to give greater weight and consideration of the needs of the existing home owners. The typical lot sizes in this subdivision are 0.30 acre to 0.33 acre with 3 lots greater, these being 0.37 to 0.42 acre, All of lots being `undersized" as defined in the Indian River County Comprehensive Plan. According to the Environmental Health Department for Indian River County, this subdivision may not meet today's standards for construction with wells and septic tanks. This limits the size homes that may be constructed. Since construction is subject to site placement of wells and septic tanks on neighboring lots, some of the 8 vacant lots could be determined "unbirildable." Installation of a water system can help to reduce such a risk for future home construction. Indian River County's Comprehensive Plan states, `The County's water system shall be expanded to supply the potable water needs of the eastern half of the County during the period 1986 - 2005." (Attached are page 4 of the Potable Water Sub -element and page 22 of the Sanitary Sewer Sub - element.) The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be from the Assessment Fund No. 473. In cooperation with the Public Works Departnient, staff has obtained a right-of-way record drawing that may be utilized for design of this project. Although some minor survey work will still be required, this will assist in reducing project design costs. Design services will be provided by the Department ofUtility Services. RECONM ENDATTON The staff of the Department of Utility Services recommends approval of the above -listed project and requests authorization for the Department to proceed with the design engineering work and award a contract for survey services through the issuance of a purchase order based on the most favorable quote in preparation for the special assessment project. JDGc Attachments ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board -unanimously approved the Floravon Shores Subdivision Petition Water Service and authorized the Utilities Department to proceed with the design engineering work and award a contract for survey services through the issuance of a purchase order based on the most favorable quote in preparation for the special assessment project, as recommended in the Memorandum. MAY 119 1999 64 -I 13.B. VICE CHAIRMAN FRAN ADAMS - COMMENT ON PERSONAL MATTER Vice Chairman Adams stated she felt the matter concerning the Sheriff's investigation about fire hose needed to come to an end and read the following remarks into the record: At our meeting on April 20, I called attention to an investigation that had been quietly pursued by Sheriff Gary Wheeler. As Chairman Macht so aptly said at our last meeting, there seems little doubt but that the Sheriff not only sought to impugn the integrity of both Ken Macht and Fran Adams but also to intimidate others. Since the initial disclosure of this rather insidious activity on the part of the Sheriff, a number of things have happened, some have been made public and some have not. You have a right to have it all public. Following our meeting on April 20 an article appeared the following day in the Press Journal which included several very pertinent quotes from Sheriff Wheeler. Thus I now take the opportunity to put the whole matter in context and record as follows. My life is an open book an I like it that way. In public office we all live in a goldfish bowl and that is the way it should be. We are in no way above the law. In fact we have a responsibility to hold ourselves more accountable that others. We have to set the example not the exception. So in light of what has transpired allow me to relate the facts. On November 3, 1997 I spoke with Ray Borgis who inquired about the availability and price of surplus fire hoce. I replied that I had never seen fire hose on our surplus list but that I would inquire of Doug Wright, our Emergency Services Director. I called Doug Wright, recounted the conversation, gave Mr. Wright the gentleman's name and telephone number and asked that he talk to the gentleman for me. I am sure Mr. Wright responded in his usual professional manner for he has always expeditiously handled any inquiry, request, or complaint I have sent his way. So far as Fran Adams is concerned, that ended the matter. Fran Adams never asked for fire hose, never received any fire hose and certainly has never had any fire hose in her possession. However such requests from constituents are commonplace for me. I get calls about recycle bins, dumping at trash transfer stations, conduct of county employees, grading roads, paving roads, zoning inquiries, code complaints, beautification requests, speeding, park inquiries, recreation program requests, flooding, water and sewer complaints, even I-95 rest stop inquiries to name a few. There are many who seek assistance in dealing with the haze and maze of government and as a County Commissioner I am proud to be of help. MAY 119 1999 65 BOOK 109 PMH Approximately nine months ago, about the time of our budget hearings in 1998, I heard that Sheriff Wheeler had initiated an investigation of the matter of the fire hose. Sometime later I farther heard that the investigation by the Sheriff had turned up nothing of substance, but that he had turned the matter over to the Florida Department of Law Enforcement for them to investigate. No questions were ever asked, nothing ever happened, and I have smiled often at the thought of the Sheriff searching for a needle that is not in the haystack. Fran Adams welcomes an investigation because she has nothing to hide. After the leak to the press of the investigation and the subsequent call to me on April 16 by a member of the press inquiring about these events, I felt it was time to place the matter that there was an investigation in the record which I did at our Board meeting on April 20. The article on April 21 in the Press Journal states that the complaint filed by the Sheriff to FDLE claims that Fran Adams received surplus property in violation of county rules. That claim is a blatant misrepresentation of fact: Fran Adams never received fire hose or any other county surplus property. A simple phone call or interview with any one supposedly involved would have discovered the truth in less time than a 911 dispatch. The Sheriff is quoted as saying that he was simply a pass-through for the investigation. What could be further from the truth? The Sheriff himself initiated an investigation some nine months ago and after finding nothing of substance, filed a complaint with the Florida Department of Law Enforcement. Obviously a political gestapo move by what should be our most respected law enforcement official. The Sheriff is further quoted as saying " Adams asked Wright for some fire hose and when she received it was dissatisfied with the quality and demanded newer hose". What tree did the Sheriff fall out of? This statement is such a bald-faced untruth that I cannot. believe the Sheriff would lower himself to say that in the absence of any substantiating evidence. Fran Adams never asked for, received, nor has she ever had in her possession any fire hose, now or ever before or atter. So here we have the chief law enforcement'officer of the County using his position and resources seeking to politically and publicly damage those who may have questioned or disagreed with his decisions. But worse, his credibility is at stake. He has incriminated innocent people in his quest and made untruthful statements to support his clandestine efforts. These gestapo tactics went out of style with Adolph Hitler. A Sheriff without credibility is a serious concern to everyone of us in Indian River County. MAY 119 1999 so 0 Then just minutes before our meeting on April 27, I received a packet from Sheriff Wheeler which purported to be in response to my request for all information fromIum regarding his investigation. This investigative report contains statements and allegations credited to Otis Humanes by Police Chief James Gabbard of Vero Beach, Lt. Phil Williams of the Sheriff's stat% and Sheriff Wheeler himself. Now comes Sheriff Wheeler with his letter to the editor of May 5 asking people to come to his office and review the investigative report. He, of course, is careful not to say that the report is repleat with false information which started as a rumor at most, investigated only to determine that there was a rumor and then that rumor was repeated and repeated in the investigation hoping to give it credibility. The entire report amounts to a very crafty fabrication. If other investigations conducted by the Sheriff fall into the same pattern of distorted fact and false information, we in Indian River County have a serious problem. So that no one will have to go to the Sheriffs office to review the investigative report, I have provided a copy to be left at the front desk that can be reviewed by anyone and I will personally pay for a copy should someone want to take it with them. In addition there is a copy of the statement of Mr. Ray Borgis as to his involvement. Finally, I would like to invite Sheriff Wheeler to appear before this Board so that we can publicly discuss his allegations and investigation. It is distressing for the public to continually see their public officials feuding and we need to bring this ridiculous event to an end Fran: 4/21/99 To the best of my recollection , we met, 18 to 20 month ago, on Mon in the library While you were having your open section for the public. On the way out from doing work on the Master Gardener Cart,I saw Fran and . decided to. -stop in and say HI: During our conversation 1 ask you if you knew what they did with the old fire hose Fran replied she didn't know but would check. Ask me the size and how much I needed, told the 1 % half and 150 ft. A few minutes later I left. Several weeks later I received a call from the fire station , saying they have the hose for me.When can I pick it up. Told them I'm on my way down now. MAY 119 1999 67 BOOK I .0 D F.� BOOK Arriving at the fire station and on my way into the building a young lady met me and ask if she could help me I told her I was after the fire hose .She said its outside, and to come with her, and sure enough there it was 3 rolls of 50 each. Ask if I need help loading it, I told her I can make it. Ask if there were any charge for this, the reply no charge , the hose is old and its going to be tossed out anyway. R,L, BorgisV NO ACTION REQUMD OR TAKEN. There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 10:40 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved ' MAY 11, 1999 68 It 0