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9/28/1999
• • MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, SEPTEMBER 28 - 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) James E. Chandler, County Administrator Fran B. Adams, Vice Chairman (District 1) Caroline D. Ginn, (District 5) Charles P. Vitunac, County Attorney Ruth Stanbridge (District 2 John W. Tippin, (District 4) Jeffrey K. Barton, Clerk to the Board 9:00 am. 1. CALL TO ORDER BACKUP 2. EWOCATION PAGES 3. PLEDGE OF ALLEGIANCE - Comm. Ruth Stanbridge 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item II.G.2., Emergency Sand Placement at County Parks including Post -Storm Beach Profile Surveys. 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation Honoring Martin P. White on his Retirement from Indian River County 1 B. Proclamation Designating Month of October, 1999 as National Breast Cancer Awareness Month and the First Tuesday in October as "Tell -A -Friend -Tuesday" in Indian River County 2 C. Proclamation Designating Month of October as National Arts and Humanities Month 3 6. APPROVAL OF MINUTES Regular Meeting of August 24, 1999 BOOK 2. 1 IL 7 E. Renewal of Countywide Abandoned Flow Well Plugging Cost -Share Agreement with the St. Johns River Water Management District (memorandum dated September 22, 1999) F. Randall Properties Inc.'s Request for Extension of Preliminary PD Plan Approval (memorandum dated September 20, 1999) G. Miscellaneous Budget Amendment 027 (memorandum dated September 21, 1999) H. Grant Agreement for FY 1999-2000 Article V Trust Fund Grant -In -Aid (memorandum dated September 21, 1999) I. Tax Deed Sale Held After Redemption of Certificate (memorandum dated September 17, 1999) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Jeffrey K. Barton, Clerk of the Circuit Court: Deferred Compensation Plan Provider (memorandum dated September 17, 1999) 0 20-29 30-35 36-38 39-46 47-52 53 0 t BACKUP 7. CONSENT AGENDA PAGES A. Approval of Warrants (memorandum dated September 17, 1999) 4-14 B. Cancellation of Commission Meetings (memorandum dated September 20, 1999) 15 C. Affordable Housing Advisory Committee (memorandum dated September 20, 1999) 16-17 D. Replacement for Children's Advisory Committee (memorandum dated September 20, 1999) 18-19 E. Renewal of Countywide Abandoned Flow Well Plugging Cost -Share Agreement with the St. Johns River Water Management District (memorandum dated September 22, 1999) F. Randall Properties Inc.'s Request for Extension of Preliminary PD Plan Approval (memorandum dated September 20, 1999) G. Miscellaneous Budget Amendment 027 (memorandum dated September 21, 1999) H. Grant Agreement for FY 1999-2000 Article V Trust Fund Grant -In -Aid (memorandum dated September 21, 1999) I. Tax Deed Sale Held After Redemption of Certificate (memorandum dated September 17, 1999) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Jeffrey K. Barton, Clerk of the Circuit Court: Deferred Compensation Plan Provider (memorandum dated September 17, 1999) 0 20-29 30-35 36-38 39-46 47-52 53 0 BACKUP 9:05 A.M. 9. PUBLIC ITEMS PAGES A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN SELF-SERVICE DIS- PLAYS ACCESSIBLE TO MINORS; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE (memorandum dated September 1, 1999) 54-57 2. Floravon Shores Subdivision Petition Water Service — I IOth Place - Resolution III (memorandum dated September 17, 1999) 58-78 3. Tom Pease's Request for an Abandonment of a Portion of 11 th Street between Commerce Ave. and the FEC Railroad Right -of -Way (Legislative) (memorandum dated September 20, 1999) 79-87 4. AN ORDINANCE OF INDIAN RIVER COUNTY, FLA. AMENDING THE TEXT OF THE ECONOMIC DEVELOPMENT, FUTURE LAND USE, COASTAL MANAGEMENT, AND RECREATION AND OPEN SPACE ELEMENTS OF THE COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE (Legislative) (memorandum dated September 15, 1999) 88-163 5. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS); CHAPTER 911, ZONING; CHAPTER 901, DEFINITIONS; CHAPTER 932, COASTAL MANAGE- MENT; AND PROVIDING FOR REPEAL OF CON- FLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE (Legislative) (memorandum dated September 22, 1999) 164-218 6. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REGULATION OF THE MOTOR VEHICLE TITLE LOAN INDUSTRY; PROVIDING A TITLE; PROVIDING DEFINITIONS; PROVIDING FOR CONDITIONS FOR ENGAGING IN TITLE LOAN TRANSACTIONS; PROVIDING FOR A MAXIMUM INTEREST RATE; PROVIDING FOR REQUIREMENTS UPON TRANSACTION SATISFACTION AND DEFAULT; PROVIDING FOR RIGHT TO REDEEM AND LOST TITLE LOAN BACKUP PAGES AGREEMENTS; PROVIDING FOR LICENSES; PROVIDING FOR RECORD KEEPING REQUIREMENTS; PROVIDING FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR HEARINGS AND APPEALS; PROVIDING FOR TRANSITION PERIOD; PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. (memorandum dated September 7, 1999) 219-245 B. PUBLIC DISCUSSION ITEMS 1. Request from Frank Zorc to Speak Re: Amend- ment and Modification of Ninety Nine Year Lease Dated 19" Sept. 1994 (memorandum dated August 31, 1999) 246-264 2. Request from Brian T. Heady to Speak Re: Legal Matters facing citizens of Indian River County (letter dated September 8, 1999) 265 C. PUBLIC NOTICE ITEMS Public Hearing Scheduled for October 5, 1999: Brewer International's request for special exception use approval to expand an existing agricultural business. The subject property is located between 90* Ave. and I-95, approximately 600' south of 8" St. (Quasi -Judicial) (memorandum dated September 20, 1999) 266-267 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None D. Leisure Services None BACKUP 11. DEPARTMENTAL MATTERS (cont'd.)• PAGES E. Office of Management and Budget Out -of -County Prisoner Policy (memorandum dated September 22, 1999) 268-269 F. Personnel None G. Public Works Change Order No. 3 for Intersection Improvements to Oslo Rd. & 27" Ave. and 5 Lane Widening of Oslo Road (memorandum dated September 10, 1999) 270-278 H. Utilities Sebastian Water Expansion — Phase 3 Request for Authorization to Proceed with Survey (memorandum dated September 17, 1999) 279-287 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 Stanbridte Council on Aging — Gifford Community Center (memorandum dated September 17, 1999) 288 E. Commissioner John W. Tip pin BOOS 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT r- EOOm BACKUP PAGES 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 wnn 1Asabuities Act (AVA) coordinator at 567-8000 x408 at least 48 hours in advance of meetinj Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening M _I 0 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS SEPTEMBER 28,1999 1. CALL TO ORDER .............................................. .1- 2. INVOCATION .................................................. 1- 3. PLEDGE OF ALLEGIANCE ...................................... .2- 4. ADDITIONS TO THE AGENDA .................................. .2- 5. PROCLAMATIONS AND PRESENTATIONS ........................ .2- 5.A. Proclamation Honoring Martin P. White on his Retirement from Indian River County, Department of Emergency Services, Fire Division ......2- 5.B. Proclamation Designating Month of October, 1999 as National Breast Cancer Awareness Month and the First Tuesday in October as "Tell -A - Friend -Tuesday" in Indian River County ........................ .4- 5.C. Proclamation Designating Month of October, 1999 as National Arts and Humanities Month ......................................... 6- 6. APPROVAL OF MINUTES ....................................... .8 - SEPTEMBER 28, 1999 -1-� DOJK 0 �} �( ,., t" 7. CONSENT AGENDA ............................................ 8- 7.A. List of Warrants ............................................ 8- 7.B. Cancellation of Commission Meetings for Tuesday, November 23, 1999 and Tuesday, December 28, 1999 ............................ .16- 7.C. Affordable Housing Advisory Committee - Resignation of Mark Comenzo ...................................................... .17- 7.D. Children's Services Advisory Committee - Appointment of Bob Johnson to Fill Expired Term of Rose Gaines ............................ .18- 7.E. St. Johns River Water Management District Countywide Abandoned Flow Well Plugging Cost -Share Agreement ......................... .19- 7.F. Randle Properties, Inc. - Extension of Preliminary PD Plan Approval to 09/15/00 - PD -98-09-14 .................................... .21- 7.G. Miscellaneous Budget Amendment #027 ....................... .23- 7.H. Article V Trust Fund Grant -In -Aid Agreement - FY 1999-2000 - Office of State Courts Administrator - 19'` Judicial Circuit (Court Reporting, Etc.}26- 7.I. Tax Deed Sale Held After Redemption of Certificate - Deed from Hubbert to County - Deed from County to Lee ......................... .28- 8. CLERK OF CIRCUIT COURT - MASSACHUSETTS MUTUAL AS DEFERRED COMPENSATION PLAN PROVIDER ............................. .29- 9.A.1. PUBLIC HEARING - ORDINANCE 99-025 PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN SELF-SERVICE DISPLAYS ACCESSIBLE TO MINORS.................................................... .30 - SEPTEMBER 28, 1999 -2- C7 9.A.2. PUBLIC HEARING - RESOLUTION 99-106 CONFIRMING ASSESSMENTS - FLORAVON SHORES SUBDIVISION PETITION WATER SERVICE - 110TH PLACE - RESOLUTION III ...................................... .35- 9.A.3. PUBLIC HEARING - RESOLUTION 99-107 ABANDONING A PORTION OF 11TH STREET BETWEEN COM IERCE AVENUE AND FEC RAILROAD RIGHT-OF-WAY - TOM PEASE (Legislative) ....................... .45- 9.A.4. PUBLIC HEARING - ORDINANCE AMENDING TEXT OF THE ECONOMIC DEVELOPMENT, FUTURE LAND USE, COASTAL MANAGEMENT AND RECREATION AND OPEN SPACE ELEMENTS OF THE COMPREHENSIVE PLAN....................................................... .51- 9.A.5. PUBLIC BEARING - ORDINANCE 99-026 AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS); CHAPTER 911, ZONING; CHAPTER 901, DEFINITIONS; CHAPTER 932, COASTAL MANAGEMENT - (WABASSO CORRIDOR PLAN) ........ .71- 9.A.6. PUBLIC BEARING - ORDINANCE 99-027 PERTAINING TO REGULATION OF THE MOTOR VEHICLE TITLE LOAN INDUSTRY .............. .111- 9.13.1. PUBLIC DISCUSSION ITEM - FRANK ZORC - REQUEST TO AMEND AND MODIFY 99 -YEAR LEASE - ST. FRANCIS MANOR ................ .134 - SEPTEMBER 289 1999 • BOOK. 9.B.2. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - LEGAL MATTERS FACING CITIZENS OF THE COUNTY ........................... .135- 9.C. PUBLIC NOTICE ITEM - BREWER INTERNATIONAL - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO EXPAND AN EXISTING AGRICULTURAL BUSINESS LOCATED BETWEEN 901H AVENUE AND I-95, 600' SOUTH OF 8TH STREET - PUBLIC HEARING SCHEDULED FOR OCTOBER 5, 1999 (Quasi -Judicial) .............................. .136- 1 LE. POLICY REGARDING REVENUE FOR SHERIFF'S OUT -OF -COUNTY PRISONERS ................................................ .138- 11.G.1. OSLO ROAD & 27TH AVENUE INTERSECTION IMPROVEMENTS AND 5 -LANE WIDENING OF OSLO ROAD - DICKERSON FLORIDA - CHANGE ORDER NO.3...................................... .139- 1 l.G.2. EMERGENCY SAND PLACEMENT AT COUNTY PARKS - POST - STORM (HURRICANE FLOYD) BEACH PROFILE SURVEYS ........ .141- 1 LH. SEBASTIAN WATER EXPANSION - PHASE 3 - REQUEST FOR AUTHORIZATION TO PROCEED WITH SURVEY - CARTER ASSOCIATES ........................................................... .143- 13.D. COMMISSIONER RUTH STANBRIDGE - GIFFORD COMMUNITY CENTER - COUNCIL ON AGING "MEALS ON WHEELS" SERVICE .......... .145 - SEPTEMBER 28, 1999 -4- September 28, 1999 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, September 28, 1999, at 9:00 a.m. Present were Kenneth R Macht, Chairman; Fran B. Adams, Vice Chairman; John W. Tippin; Caroline D. Ginn; and Ruth Stanbridge. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PT' Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Macht called the meeting to order. 2. INVOCATION Commissioner Ginn delivered the Invocation. SEPTEMBER 28, 1999 3. PLEDGE OF ALLEGIANCE Commissioner Stanbridge led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Macht requested the addition of Item 11.G.2., Emergency Sand Placement at County Parks including Post -Storm Beach Profile Surveys. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously added the above item to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PROCLAMATIONHONORING MARTINP. WHITE ONHIS RETIREMENT FROMINDMNRIVER COUNTYY, DEPARTMENT OFEMERGENCY SERVICES, FIRE DIVISION Chairman Macht presented the following Proclamation and Retirement Certificate to Martin P. White: SEPTEMBER 28, 1999 -2- • r PROCLAMATION HONORING MARTIN P. WHITE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY EMPLOYMENT ON OCTOBER 4,1999 WHEREAS, MARTIN P. WHITE announces his retirement from Indian River County Department of Emergency Services, Fire Division and the Indian River County Board of County Commissioners effective October 4, 1999; and WHEREAS, MARTIN P. WHITE moved to Vero Beach from Booneville, North Carolina in 1966 to start a new career and to raise a family of three sons; and WHEREAS, MARTIN P. WHITE was employed by the Vero Beach Fire Department on February 28, 1972 as a Firefighter, was promoted to Engineer on July 3,1976; to Lieutenant on March 7, 1982, serving in that capacity for the past seventeen years. He has earned the respect and admiration of the community and will be sorely missed by his co-workers. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board expresses its deep appreciation for the services MARTIN P. WHITE has performed on behalf of Indian River County and extends heartfelt wishes for a happy retirement and success in future endeavors. ADOPTED this 28h day of September 1999. SEPTEMBER 28, 1999 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Kenneth k Macht, Chairman -3- • Eder a S.B. PROCLAMATIONDESIGNATING MONTH OF OCTOBERS 1999 As NATIONAL BREAST CANCER AWARENESS MONTHAND THE FIRST TUESDAYIN OCTOBER AS "TELL A FRIEND -TUESDAY" ININDIAN RIVER COUNTY Chairman Macht presented the following Proclamation to Ruth Ann Fleckenstein of the Indian River County Unit of the American Cancer Society: PROCLAMATION DESIGNATING THE MONTH OF OCTOBER 1999 AS NATIONAL BREAST CANCER AWARENESS MONTH AND THE FIRST TUESDAY IN OCTOBER AS "TELL -A -FRIEND -TUESDAY" IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, Many women still do not know that mammography is the best way to find breast cancer early, when it is easier to treat, and more likely to be cured; and WHEREAS, Many women still do not know that breast cancer is 97 percent curable when detected early; and WHEREAS, Some women are still afraid to get a mammogram because they fear pain, radiation, or even finding out that they have breast cancer, and WHEREAS, The action women need to take every year to overcome the fear of breast cancer is to get a mammogram; and WHEREAS, "Tell -A -Friend Tuesday" is the American Cancer Society's signature breast cancer awareness event designed to reach a critical mass of women on one day with the message of the importance of regular mammography for the early detection of breast cancer, and WHEREAS, "Tell -A Friend Tuesday" is observed on the first Tuesday of October, during National Breast Cancer Awareness Month; SEPTEMBER 28, 1999 -4- 0 0 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that October is declared BREAST CANCER AWARENESS MONTH in Indian River County Florida; and IT IS FURTHER RESOLVED THAT Tuesday, October 5, 1999, is declared "Tell -A - Friend Tuesday" in Indian River County, Florida Adopted this 28th day of September, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN R COUNTY,7RIDA By: n--nG enneth R Aficht, Chairman Ms. Fleckenstein noted that this year there were over 177,000 women and men who were diagnosed with breast cancer. She is a breast cancer survivor and on the Board of Directors of the Indian River County Unit of the American Cancer Society. SEPTEMBER 28, 1999 I ,T 600 K. .� r 5.0 PROCLAMATION DESIGNATING MONTH OF OCTOBER, 1999AS NATIONAL ARTS AND HUMANITIES MONTH Chairman Macht presented the following proclamation to Rick Candler, Chairman of the Indian River County Cultural Council: PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS NATIONAL ARTS AND HUMANI'T'IES MONTH WHEREAS, the arts and humanities enhance and enrich the lives of all Americans; and WHEREAS, the arts and humanities affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity and community livability, and WHEREAS, a coalition of more than 50 national arts and humanities groups representing over 23,000 cultural organizations and institutions comprise the National Cultural Alliance, which works to increase public awareness and understanding o& and participation in, the humanities and the arts; and WHEREAS, the nation's 23,000 cultural organizations, the National Endowment for the Arts, the National Endowment for the Humanities, the Institute ofMuseum and Library Services, the nation's 3,800 local arts agencies, the arts and humanities councils of the 56 states will be encouraged to participate in the celebration; and WHEREAS, the month of October 1999 has been recognized as National Arts and Humanities Month by National Association of Counties; SEPTEMBER 28, 1999 IRI • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that October 1999 is declared NATIONAL ARTS AND HUMANITIES MONTH and urge Indian River County residents to participate in and to celebrate the cultural riches our community has to offer. Adopted this 286 day of September, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COi;fNTY.� FLORIDA Kenneth R. Macht, Chairman Mr. Candler commented how fortunate the residents of Indian River County are to have the organizations and facilities which are available here. SEPTEMBER 28, 1999 -7- r'� '�; W t • 6. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of August 24, 1999. There were none. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously approved the Minutes of the Regular Meeting of August 24, 1999, as written. 7. CONSENT AGENDA 7.A. LIST OF WARRANTS The Board reviewed a Memorandum of September 17, 1999: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 17,1999 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Comf* i ioners 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 September 9, 1999 to September 17, 1999. SEPTEMBER 28, 1999 !0 ON MOTION by Commissioner Adams, SECONDED by Commissioner Grin, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from September 9, 1999 through September 17, 1999, as recommended by staff. CHECK NAME NUMBER 0020169 FLORIDA COMBINED LIFE 0020170 KRUCZKIEWICZ, LORIANE 0020171 BREVARD COUNTY CLERK OF THE 0020172 ORANGE COUNTY CLERK OF THE 0020173 ST LUCIE COUNTY CLERK OF THE 0020174 RICHLAND COUNTY CLERK OF' 0020175 VELASQUEZ, MERIDA 0020176 INDIAN RIVER COUNTY CLERK OF 0020177 INTERNAL REVENUE SERVICE 0020178 CHAPTER 13 TRUSTEE 0020179 VERO BEACH FIREFIGHTERS ASSOC. 0020180 INDIAN RIVER FEDERAL CREDIT 0020181 COLONIAL LIFE & ACCIDENT 0020182 NACO/SOUTHEAST 0020183 SALEM TRUST COMPANY 0020184 OKEECHOBEE CO., PMTS DOMES REL 0020185 WISCONSIN SUPPORT COLLECTIONS 0020186 INDIAN RIVER COUNTY BOARD OF 0269112 A A FIRE EQUIPMENT, INC 0269113 ACE PLUMBING, INC 0269114 ALBERTSONS SOUTHCO #4357 0269115 AQUAGENIX LAND -WATER 0269116 ALL FLORIDA COFFEE & BOTTLED 0269117 A T & T WIRELESS SERVICES 0269118 A T & T 0269119 AGENCY FOR HEALTH CARE 0269120 AMERIGAS-FT PIERCE 0269121 ARAMARK UNIFORM SERVICES 0269122 ARCH PAGING 0269123 ABCO GARAGE DOOR CO 0269124 A T & T 0269125 AMERICAN ENGINEERING SERVICES 0269126 BARTON, JEFFREY K -CLERK 0269127 BOARD OF COUNTY COMMISSIONERS 0269128 BENSONS LOCK SERVICE 0269129 BARER & TAYLOR INC 0269130 BRODART CO 0269131 BELLSOUTH COMMUNICATION 0269132 BFI WASTE SYSTEMS 0269133 BELLSOUTH SEPTEMBER 289 1999 CHECK CHECK DATE AMOUNT 1999-09-10 2,203.64 1999-09-16 138.50 1999-09-16 718.79 1999-09-16 135.20 1999-09-16 724.98 1999-09-16 150.00 1999-09-16 200.00 1999-09-16 5,147.60 1999-09-16 325.00 1999-09-16 567.10 1999-09-16 2,445.00 1999-09-16 84,199.00 1999-09-16 245.57 1999-09-16 6,321.36 1999-09-16 667.74 1999-09-16 167.25 1999-09-16 23.08 1999-09-16 143.95 1999-09-17 267.00 1999-09-17 398.00 1999-09-17 302.67 1999-09-17 86.00 1999-09-17 29.95 1999-09-17 312.62 1999-09-17 60.36 1999-09-17 40,703.39 1999-09-17 134.72 1999-09-17 6,251.73 1999-09-17 349.76 1999-09-17 935.00 1999-09-17 51.11 1999-09-17 1,797.60 1999-09-17 4,731.25 1999-09-17 5,762.15 1999-09-17 56.40 1999-09-17 2,517.48 1999-09-17 245.47 1999-09-17 234.00 1999-09-17 327.52 1999-09-17 24,488.36 I r CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0269134 BEAM, BETTY 1999-09-17 51.50 0269135 BELLSOUTH 1999-09-17 46.97 0269136 COASTLINE EQUIPMENT CO., INC 1999-09-17 1,507.34 0269137 CHANDLER EQUIPMENT CO, INC 1999-09-17 1,106.08 0269138 COLD AIR DISTRIBUTORS 1999-09-17 67.85 0269139 COMMUNICATIONS INT'L INC 1999-09-17 336.58 0269140 CHEMETRICS, INC 1999-09-17 197.10 0269141 CLIFF BERRY ENVIRONMENTAL 1999-09-17 185.00 0269142 CRAFTS & STUFF 1999-09-17 51.70 0269143 CORPORATION OF THE PRESIDENT 1999-09-17 58.50 0269144 CUSTOM PUBLISHING SERVICES INC 1999-09-17 82.00 0269145 CAMPBELL, STEPHANIE 1999-09-17 82.40 0269146 CENTER FOR EMOTIONAL AND 1999-09-17 207.00 0269147 CONRAD YELVINGTON DIST INC 1999-09-17 5,591.73 0269148 DAILY COURIER SERVICE 1999-09-17 297.00 0269149 DAVES SPORTING GOODS 1999-09-17 11.00 0269150 DEAF SERVICE CENTER OF THE 1999-09-17 625.00 0269151 DUNKELBERGER ENGINEERING & 1999-09-17 5,577.75 0269152 DESIGNED TRAFFIC 1999-09-17 2,888.00 0269153 DATABASE TECHNOLOGIES INC 1999-09-17 76.25 0269154 DEAN, ANDREA 1999-09-17 72.10 0269155 DON & ASSOCIATES INC 1999-09-17 1,050.00 0269156 D B I DEMOLITION INC 1999-09-17 1,000.00 0269157 ECONOMIC OPPORTUNITIES COUNCIL 1999-09-17 3,460.00 0269158 ECOTECH CONSULTANTS, INC 1999-09-17 576.96 0269159 E & B MARINE SUPPLY, INC 1999-09-17 165.95 0269160 FELLSMERE, CITY OF 1999-09-17 38.66 0269161 FLORIDA EAST COAST RAILWAY CO 1999-09-17 2,945.40 0269162 FLORIDA POWER & LIGHT COMPANY 1999-09-17 16,885.50 0269163 FLORIDA SLUDGE, INC 1999-09-17 3,087.00 0269164 FLORIDA TIRE RECYCLING, INC 1999-09-17 1,235.40 0269165 FATHER & SON CARPET CLEANING 1999-09-17 1,098.00 0269166 FELLSMERE POLICE DEPARTMENT 1999-09-17 25.00 0269167 FRED RENAUD, INC 1999-09-17 1,500.00 0269168 FLORIDA DATABASE SYSTEMS, INC 1999-09-17 5,850.00 0269169 FACTS ON FILE INC 1999-09-17 246.52 0269170 GENE'S AUTO GLASS 1999-09-17 370.00 0269171 GLIDDEN COMPANY, THE 1999-09-17 247.11 0269172 GOODKNIGHT LAWN EQUIPMENT, INC 1999-09-17 111.53 0269173 GOODYEAR AUTO SERVICE CENTER 1999-09-17 286.60 0269174 GEOCOMM INTERNATIONSL CORP 1999-09-17 910.00 0269175 HARRIS SANITATION, INC 1999-09-17 518.24 0269176 HICRMAN'S BRAKE & ALIGNMENT 1999-09-17 422.76 0269177 HUDMAN ENTERPRISES 1999-09-17 1,100.00 0269178 HUMANE SOCIETY OF VERO BEACH 1999-09-17 18,440.00 0269179 HIBISCUS CHILDREN'S CENTER 1999-09-17 1,879.16 0269180 HACH COMPANY 1999-09-17 110.40 0269181 H T S CONTROLS, INC 1999-09-17 6,240.00 0269182 HARBOR BRANCH OCEANOGRAPHIC 1999-09-17 8,939.50 0269183 H P AUTOMOTIVE SERVICE AND 1999-09-17 306.80 0269184 HALL, LOUISE 1999-09-17 821.34 0269185 INDIAN RIVER COUNTY SOLID 1999-09-17 1,902.17 0269186 INDIAN RIVER COUNTY 1999-09-17 0269187 INDIAN RIVER BATTERY, INC 1999-09-17 75.00 0269188 INDIAN RIVER COUNTY UTILITY 1999-09-17 60.00 0269189 INGRAM LIBRARY SERVICES 806.09 0269190 INDIAN SPRINGS SPECIALTY PROD 1999-09-17 30.14 0269191 INSURANCE SERVICING & 451.98 0269192 IRWIN MORTGAGE 1999-09-17 1,260.00 1999-09-17 400.00 SEPTEMBER 28,1999 -10- f�ut -I • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0269193 IRRIGATION CONSULTANTS UNLIMIT 1999-09-17 423.90 0269194 J C PENNEY 1999-09-17 200.00 0269195 JAMAR TECHNOLOGIES, INC. 1999-09-17 32.00 0269196 JONES CHEMICALS, INC 1999-09-17 1,557.00 0269197 KT MOWER & EQUIPMENT 1999-09-17 25.70 0269198 KENNEL-AIRE, LLC 1999-09-17 172.88 0269199 LOWE'S COMPANIES, INC. 1999-09-17 652.68 0269200 LUCENT TECHNOLOGIES 1999-09-17 31.80 0269201 LUNA, JORGE 1999-09-17 73.39 0269202 BAKER, RON D. 1999-09-17 522.00 0269203 BIEMANN, GWENDOLYN 1999-09-17 84.47 0269204 LETHIG, DEBORAH 1999-09-17 66.01 0269205 GSCHEIDLE, MARION E 1999-09-17 10.01 0269206 PROCTOR CONSTRUCTION CO, INC 1999-09-17 105.33 0269207 STEWART, DAVID 1999-09-17 80.56 0269208 CAPRI, DONNA 1999-09-17 31.73 0269209 WILLIAMS SR, IVEY 1999-09-17 21.18 0269210 HOLIDAY BUILDERS 1999-09-17 134.12 0269211 RANSON TRUSTEE, CHARLES T 1999-09-17 57.78 0269212 HAYHURST, WILLIAM 1999-09-17 20.98 0269213 HENSICK, WILLIAM B 1999-09-17 15.79 0269214 CAPRA, LYNNETTE 1999-09-17 41.40 0269215 C & S DEVELOPMENT CORP 1999-09-17 47.26 0269216 AAC BUILDERS INC 1999-09-17 32.57 0269217 GHO VERO BEACH INC 1999-09-17 51.36 0269218 RAWLINS, CAROLYN 1999-09-17 36.07 0269219 MGB CONSTRUCTION INC 1999-09-17 26.29 0269220 ST LUCIE DEVELOPMENT CORP 1999-09-17 69.12 0269221 MECI, NICK 1999-09-17 20.98 0269222 SEBTON, CHARLES R 1999-09-17 90.47 0269223 MORGAN, LINDA A 1999-09-17 5.52 0269224 BRIERTON, LOUISE 1999-09-17 50.33 0269225 GEYER, ELAINE FLORENCE 1999-09-17 69.57 0269226 ROBINSON, DON 1999-09-17 25.32 0269227 TURNER, MARGARET D 1999-09-17 24.19 0269228 SCIORTINO, NICHOLAS S 1999-09-17 84.98 0269229 SNOW, BARBARA J 1999-09-17 39.54 0269230 COPELAND, THOMAS C 1999-09-17 16.86 0269231 DETORE, MICHAEL & ELIZABETH 1999-09-17 28.37 0269232 RIVERSIDE NATIONAL BANK OF FL 1999-09-17 14.26 0269233 BRENTON, DONNA 1999-09-17 36.15 0269234 A TASTE OF OLD WORLD FOOD, LC 1999-09-17 37.89 0269235 SCHRAMM, SCOTT A 1999-09-17 26.92 0269236 MC BEE, JACQUELINE 1999-09-17 28.02 0269237 FAIRWAYS AT GRAND HARBOR LTD 1999-09-17 103.44 0269238 REGAN, COURTNEY 1999-09-17 37.38 0269239 DARLEY, CHRISTOPHER W 1999-09-17 35.91 0269240 PENA, G DAVID 1999-09-17 50.26 0269241 STEVE ROGERS PRESSURE CLEANING 1999-09-17 292.16 0269242 TRUSTY, JOYCE 1999-09-17 95.76 0269243 ROCHE, MAUREEN A 1999-09-17 107.00 0269244 RODGERS, KENNETH 1999-09-17 54.96 0269245 CLAYTOR, GLEN 1999-09-17 55.27 0269246 POOLE, WILLIE E 1999-09-17 54.89 0269247 DICKERSON, JERRY 1999-09-17 53.53 0269248 LEWIS, BARBARA 1999-09-17 52.52 0269249 PERRAULT, MICHELE R 1999-09-17 48.42 0269250 DE LEON JR, CHARLES B 1999-09-17 52.51 0269251 TRAYNOR, DOLORES 1999-09-17 52.51 0269252 MYERS, PAT 1999-09-17 53.69 0269253 FERIOLI, PETER T 1999-09-17 52.51 0269254 HATCHER, JAMES 1999-09-17 52.51 0269255 ALPHA ACE HARDWARE 1999-09-17 16.91 SEPTEMBER 289 1999 • ati or :{� qn d�� 6OUK " 'L, l t p.JJ CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0269256 APPLE MACHINE & SUPPLY CO 1999-09-17 456.55 0269257 ASS PUMPS, INC 1999-09-17 2,106.93 0269258 A A ELECTRIC SE, INC 1999-09-17 392.03 0269259 COMMONWEALTH TECH 1999-09-17 1,000.00 0269260 AMERICAN SIGMA, INC 1999-09-17 148.60 0269261 A T & T 1999-09-17 64.21 0269262 ARCHITECTS & DESIGNERS 1999-09-17 40.42 0269263 AICPA 1999-09-17 120.00 0269264 AMERICAN RESEARCH GROUP 1999-09-17 995.00 0269265 BAY STREET PHARMACY 1999-09-17 52.88 0269266 BERNAN ASSOCIATES 1999-09-17 70.00 0269267 BETTER BUSINESS FORMS, INC 1999-09-17 802.72 0269268 SLACKHAWK QUARRY COMPANY 1999-09-17 316.51 0269269 BRUGNOLI, ROBERT J PHD 1999-09-17 1,000.00 0269270 BERTOLETTE, RANDALL DEB, MD 1999-09-17 43.00 0269271 BARTON, JEFFREY K 1999-09-17 1,507.00 0269272 BRODART CO 1999-09-17 396.84 0269273 BOOKS ON TAPE INC 1999-09-17 423.45 0269274 BELT -SOUTH 1999-09-17 1,180.43 0269275 BANK OF NEW YORK 1999-09-17 2,099.00 0269276 BOYES & FARINA P A 1999-09-17 4,670.22 0269277 BIG DIPPER PRODUCTIONS 1999-09-17 420.00 0269278 BELLSOUTH 1999-09-17 0269279 CAMP, DRESSER & MCKEE, INC 0269280 1999-09-17 249.71 32,409.50 CENTRAL WINDOW OF 0269281 CITRUS MOTEL 1999-09-17 3,186.00 0269282 CORBIN, SHIRLEY E 1999-09-17 370.00 0269283 CLARION PLAZA HOTEL 1999-09-17 1,207.50 0269284 CHIVERS NORTH AMERICA 1999-09-17 112.00 0269285 CLIFFORD, MIKE 1999-09-17 48.45 0269286 CAREER TRACK, INC 1999-09-17 100.00 0269287 COPYCO, INC 1999-09-17 228.00 0269288 CHASE1999-09-17 MANHATTAN MORTGAGE CORP 96.85 0269289 CRIPPEN & LANDRU, PUBLISHERS 1999-09-17 1999-09-17 657.96 0269290 CHEMICAL SERVICES CO 1999-09-17 2.25 0269291 COMMERCIAL EQUIPMENT LEASING 6,000.00 0269292 COMMERCIAL CAPITAL MGMT 1999-09-17 98.92 0269293 DAILY COURIER SERVICE 1999-09-17 1999-09-17 0269294 DELTA SUPPLY CO 1999-09-17 449.00 0269295 DICKERSON-FLORIDA, INC 1999-09-17 12.12 0269296Dlgya�Og ' KENNETH L MD PA 1999-09-17 1999-09-17 303.94 0269297 DON SMITH'S PAINT STORE, INC 1999-09-17 500.00 0269298 DION, RITA 16.92 0269299 DAVIDSON TITLES, INC 1999-09-17 8.12 0269300 DATA FLOW SYSTEMS INC 1999-09-17 15.61 0269301 ESQUIRE REPORTING, INC 1999-09-17 2,621.19 0269302 FERE% 1999-09-17 10,550.50 0269303 FELLSMERE, CITY OF 1999-09-17 32.75 0269304 FLORIDA POWER & LIGHT COMPANY 1999-09-17 131.62 0269305 FLINN, SHEILA I 1999-09-17 405.02 0269306 FLORIDA INSTITUTE OF C P A'S 1999-09-17 84.00 _ 0269307 F & W PUBLICATIONS INC 1999-09-17 175.00 0269308 FREIGHTLINER TRUC-17 KS OF SOUTH 182.14 0269309 FALANA, DANA F 1999-09-17 259.80 0269310 FLORIDA COUNTIES FOUNDATION 1999-09-17 11.60 0269311 n-ORIDA DEPT OF HEALTH 1999-09-17 90.00 0269312 GALANIS, SONJA 1999-09-17 998.02 0269313 GOODXNIGHT LAWN EQUIPMENT, 1999-09-17 321.00 INC 0269314 HA1'Il30ND & SMITH, P A 1999-09-17 47.38 0269315 HERITAGE BOOKS, INC 1999-09-17 6,650.00 0269316 HELD, PATRICIA BARGO 1999-09-17 23.00 1999-09-17 343.00 SEPTEMBER 28, 1999 -12- • CHECK NAME NUMBER 0269317 H & H PLUMBING COMPANY 0269318 HARTSFIELD, CELESTE L 0269319 HILL GROUP, THE 0269320 HOLIDAY BUILDERS 0269321 HOWARD JOHNSONS 0269322 INDIAN RIVER COUNTY 0269323 INDIAN RIVER COUNTY UTILITY 0269324 IBM CORPORATION 0269325 IKON OFFICE SOLUTIONS 0269326 KIMLEY-HORN & ASSOCIATES, INC 0269327 KEEP INDIAN RIVER BEAUTIFUL 0269328 KUTZ, JESSIE 0269329 LOWE'S COMPANIES, INC. 0269330 L B SMITH, INC 0269331 LINDSEY, ROBERT 0269332 LE%IS LAW PUBLISHING 0269333 LES CAMELA, ELISA M 0269334 MICKLER'S FLORIDIANA, INC 0269335 MARQUIS WHO'S WHO 0269336 MACHT, KENNETH 0269337 MARTIN'S LAMAR UNIFORMS 0269338 MAC PAPERS, INC 0269339 MAHER, MICHAEL MD 0269340 MENZ, NICHOLE 0269341 M C B COLLECTION SERVICES 0269342 MR BOB PORTABLE TOILET 0269343 MELCHIORI, NICK 0269344 MOSS, ROGER 0269345 MOSS, MARY 0269346 MAX DAVIS ASSOCIATES INC 0269347 MURPHY, DEBBIE 0269348 MARTIN, CRISTI 0269349 MIC PAVEMENT MARKING, INC 0269350 MID -FLORIDA FORKLIFT, INC 0269351 NATIONAL PROPANE CORP 0269352 NORTHWEST WOOLEN MILLS 0269353 ORLANDO, KAREN M 0269354 PEACE RIVER ELECTRIC 0269355 PERKINS INDIAN RIVER PHARMACY 0269356 PETTY CASH 0269357 POSTMASTER 0269358 PRENTICE HALL, INC 0269359 PHYSIO CONTROL 0269360 PORT PETROLEUM, INC 0269361 PRESS JOURNAL 0269362 PERKINS MEDICAL SUPPLY 0269363 PANGBURN, TERRI 0269364 PRESS JOURNAUSTUART NEWS 0269365 PRAKAIR DISTRIBUTION 0269366 PARKER, DEBBIE 0269367 PAYNE, JAMES 0269368 PROSPER, JANET C 0269369 P B S & J ANALYTICAL SERVICES CHECK DATE 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 1999-09-17 0269370 QUALITY COPY ACQUISITION CORP 1999-09-17 0269371 QUINLAN PUBLISHING CO 1999-09-17 0269372 RELIABLE WELL DRILLING 1999-09-17 0269373 ROSELAND VOLUNTEER FIRE DEPT 1999-09-17 0269374 RUSSELL CONCRETE, INC 1999-09-17 0269375 RUSSO PRINTING 1999-09-17 0269376 ROBINSON EQUIPMENT COMPANY,INC 1999-09-17 SEPTEMBER 289 1999 -13- 0 CHECK AMOUNT 174.50 700.00 500.00 500.00 85.00 107,345.12 224.73 670.16 190.67 593.64 1,483.29 69.50 104.16 787.26 104.82 394.66 143.50 92.38 232.78 86.00 2,638.71 345.48 2,572.50 47.64 23.45 539.44 77.25 73.39 47.64 44.00 132.00 73.50 288.00 358.26 42.12 2,870.00 161.00 199.17 174.59 12.94 5,000.00 49.91 358.22 965.98 122.25 65.28 12.00 526.71 90.25 33.48 77.25 80.50 400.00 13.77 77.99 211.00 6.00 280.00 106.07 395.11 BOOK I 800K CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0269377 RADISSON HOTEL 1999-09-17 255.00 0269378 ROMANEK, JAMES 1999-09-17 427.50 0269379 RECORDED BOOKS INC 1999-09-17 280:80 0269380 R & G SOD FARMS 1999-09-17 80.00 0269381 RUBBER STAMP EXPRESS & MORE 1999-09-17 11.16 0269382 RENTAL 1 1999-09-17 13.40 0269383 ROGER SHERMAN CONTRACTOR 1999-09-17 3,739.00 0269384 RASMUSSEN, ASHLEIGH 1999-09-17 90.13 0269385 SAFETY KLEEN CORP 1999-09-17 169.00 0269386 SCOTTY'S, INC 1999-09-17 188.59 0269387 SEBASTIAN BUSINESS SUPPLY, INC 1999-09-17 29.03 0269388 SEBASTIAN VOLUNTEER FIRE DEPT 1999-09-17 93.00 0269389 SOUTHERN BUILDING CODE 1999-09-17 60.00 0269390 SOUTHERN ELECTRIC SUPPLY 1999-09-17 76.92 0269391 STATE ATTORNEY 19TH CIRCUIT 1999-09-17 15,270.19 0269392 SUN COAST WELDING SUPPLIES INC 1999-09-17 335.32 0269393 STEIL, HOLLY 1999-09-17 20.88 0269394 SERVICE REFRIGERATION CO, INC 1999-09-17 99.00 0269395 SAFETY EQUIPMENT COMPANY 1999-09-17 7,540.00 0269396 SELIG CHEMICAL IND 1999-09-17 50.26 0269397 STEWART MINING INDUSTRIES INC 1999-09-17 717.30 0269398 STUART BUSINESS SYS, INC 1999-09-17 85.00 0269399 STEVENS PRINTING 1999-09-17 221.00 0269400 STAMM MANUFACTURING 1999-09-17 184.50 0269401 SOUTHERN LOCK AND SUPPLY CO 1999-09-17 120.64 0269402 STANBRIDGE, RUTH 1999-09-17 303.16 0269403 SAFETY PRODUCTS INC 1999-09-17 322.30 0269404 SCHOOL DISTRICT OF IRC 1999-09-17 114.00 0269405 ST LUCIE COUNTY HUMAN SERVICES 1999-09-17 70.00 0269406 SUPER DIP CAFE, INC 1999-09-17 1,263.87 0269407 SHELL FLEET CARD 1999-09-17 433.25 0269408 TEN -8 FIRE EQUIPMENT, INC 1999-09-17 877.06 0269409 TREASURE COAST REFUSE 1999-09-17 33,683.52 0269410 TIPPIN, JOHN W 1999-09-17 328.82 0269411 TREASURE COAST BUILDERS INC 1999-09-17 500.00 0269412 TELECOMMUNICATIONS 1999-09-17 115.14 0269413 T C BILLING CORPORATION 1999-09-17 10,201.58 0269414 T A P SOD 1999-09-17 1,367.00 0269415 TREASURE COAST REFUSE 1999-09-17 318.50 0269416 TED ANDERSEN MASONRY 1999-09-17 450.00 0269417 US FILTER DISTRIBUTION GROUP 1999-09-17 3,810.84 0269418 USA GYMNASTICS MEMBER SERVICES 1999-09-17 375.00 0269419 UNIVERSITY OF FLORIDA 1999-09-17 630.00 0269420 VERO BEACH VOLUNTEER FIRE 1999-09-17 28.00 0269421 VERO BEACH, CITY OF 1999-09-17 3,914.24 0269422 VERO CHEMICAL DISTRIBUTORS,INC 1999-09-17 321.40 0269423 VERO BEACH, CITY OF 1999-09-17 118.98 0269424 VERO MARINE CENTER, INC 1999-09-17 25.92 0269425 VERO BEACH, CITY OF 1999-09-17 77.00 0269426 VERO BEACH POLICE DEPARTMENT 1999-09-17 75.00 0269427 VERO BEACH, CITY OF 1999-09-17 388.16 0269428 VERO LAKE ESTATES VOLUNTEER 1999-09-17 16.00 0269429 VOLUNTEER ACTION COMMITTEE 1999-09-17 25.00 0269430 WAL-MART STORES, INC 1999-09-17 1,024.81 0269431 WALGREENS PHARMACY #3607 1999-09-17 90.00 0269432 WGYL-FM 93.7 FM 1999-09-17 1,050.00 0269433 WAL-MART STORES, INC 1999-09-17 44.73 0269434 WILLHOFF, PATSY 1999-09-17 104.00 0269435 WPAW-FM/CENTENNIAL BRDCST BY 1999-09-17 644.00 0269436 WALGREENS PHARMACY #4642 1999-09-17 90.00 SEPTEMBER 28, 1999 -14- i I 0 "v" " SGA 0 -I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0269437 WRAP N' SHIP 1999-09-17 60.87 0269438 WOSN-FM RADIO STATION 1999-09-17 644.00 0269439 WAL*MART STORE 931 1999-09-17 32.34 0269440 WORLDCOM TECHNOLOGIES INC 1999-09-17 60.75 0269441 WILSON, SUSAN BARNES 1999-09-17 213.73 0269442 WHEELED COACH INDUSTRIES INC 1999-09-17 66.37 0269443 WILLIAMS, THOMAS JEFFERSON JR 1999-09-17 300.00 0269444 XEROX CORPORATION 1999-09-17 911.28 0269445 YOUTH VOLUNTEER CORPS 1999-09-17 1,300.10 0269446 YOUTH'S SAFETY CO 1999-09-17 292.10 0269447 ZIXMMlXANN, KARL 1999-09-17 2,655.00 0269448 ZIEGLER, MICHAEL R 1999-09-17 85.56 0269449 ZAMARRIPA, JAIME 1999-09-17 29.62 0269450 THOMAS, JAMES SR 1999-09-17 822.92 0269451 BLOOMINGBURG, OTTO H 1999-09-17 296.20 0269452 MILLER, JOSEPH AND LLOYD, 1999-09-17 300.96 0269453 SMITH, JEAN 1999-09-17 458.12 0269454 BAKER, RON D. 1999-09-17 1,044.00 0269455 PROFESSIONAL OFFICE PLAZA 1999-09-17 16.78 0269456 MUTINSKY, JAMES A 1999-09-17 45.23 0269457 SABONJOHN, JAMES 1999-09-17 26.49 0269458 BRANDON CAPITAL CORP 1999-09-17 46.00 0269459 HUNT, MARY K 1999-09-17 32.18 0269460 JACKSON, MARION & LORENE 1999-09-17 66.70 0269461 YEMMA, RAYMOND 1999-09-17 69.35 0269462 R ZORC & SONS BUILDERS INC 1999-09-17 79.54 0269463 BACHMANN, GEORGE F 1999-09-17 62.41 0269464 PROCTOR CONSTRUCTION CO, INC 1999-09-17 23.75 0269465 STEWART, DAVID 1999-09-17 31.02 0269466 HOLIDAY BUILDERS 1999-09-17 45.24 0269467 WASHINGTON, LILLIE M 1999-09-17 85.90 0269468 KING SR, JEROME 1999-09-17 29.41 0269469 HENZE, CLIFFORD A 1999-09-17 36.59 0269470 PRIME OUTLETS AT VERO BEACH 1999-09-17 70.07 0269471 JOHN LLOYD BUILDERS INC 1999-09-17 27.03 0269472 SHIELDS, ROBERT & PAMELA 1999-09-17 30.09 0269473 ANDO BUILDING CORP 1999-09-17 24.90 0269474 ALBRECHT, MICHAEL 1999-09-17 17.01 0269475 TURCOTTE, DAVID 1999-09-17 35.07 0269476 GHO VERO BEACH INC 1999-09-17 148.65 0269477 BROWN, HUBERT 1999-09-17 42.04 0269478 MALEK, JOHN G 1999-09-17 39.14 0269479 HURLEY, RICHARD D 1999-09-17 71.59 0269480 BEAZER BOXES FLORIDA INC 1999-09-17 58.57 0269481 DERNBACH, ROSEMARIE 1999-09-17 28.71 0269482 HOWLE IV, WILLIAM T 1999-09-17 58.67 0269483 STARR, WILLARD 1999-09-17 26.55 0269484 FITZPATRICK SR, DONALD R 1999-09-17 49.80 0269485 PARKER, CRYSTAL 1999-09-17 11.72 0269486 ECKARD, SUSAN 1999-09-17 13.96 0269487 CROSSMAN, RUSSELL J 1999-09-17 57.80 0269488 JONES, DIANNA Q 1999-09-17 35.09 0269489 MARFIONE, ANTHONY & SUSAN 1999-09-17 45.43 0269490 MITCHELL, ADRIENNE 1999-09-17 32.38 0269491 DIBBLE, LINDA 1999-09-17 8.15 0269492 BARRY, WILLIAM T 1999-09-17 31.93 0269493 WELLINGTON HOMES 1999-09-17 28.30 0269494 PASSAGE ISLAND HOMES 1999-09-17 69.16 0269495 BARGAS, JOHN 1999-09-17 52.51 0269496 AMERITREND HOMES 1999-09-17 43.00 0269497 KERWIN, DENNIS J 1999-09-17 78.48 0269498 DUNN, AMY 1999-09-17 31.11 SEPTEMBER 28, 1999 -15- BOOK ^ u .L 632,455.99 7.B. CANCELLATION OF COMMISSIONMEETINGS FOR TUESDAY. NOVEMBER 23, 1999 AND TUESDAY, DECEMBER 28.1999 The Board reviewed a Memorandum of September 20, 1999: To: Board of County Commissioners Date: September 20, 1999 From: Kenneth R. Macht, Chairman Subject: CANCELLATION OF COMMISSION MEETINGS I would like to recommend that we cancel the Board of County Commissioners meetings scheduled for Tuesday, November 23 and December 28, 1999. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the cancellation ofthe regular meetings scheduled for Tuesday, November 23, 1999 and Tuesday, December 28, 1999. SEPTEMBER 28, 1999 -16- CHECK NAME CHECK CHECK NUMBER DATE AMORT. 0269499 CARRILLO, JESUS J 1999-09-17 48.71 0269500 SIEGAL, MICHAEL 1999-09-17 62.88 0269501 KESCHBAUM, DONALD & LINDA 1999-09-17 8.51 0269502 LEYVA, LEONEL & ALINA 1999-09-17 23.42 0269503 KAUFFMANN, AINSLEY H 1999-09-17 6.72 0269504 MITCHELL, RAY 1999-09-17 65.42 0269505 TERRY, LISA 1999-09-17 33.91 0269506 MEDINA, DAVID & AIMI 1999-09-17 21.30 0269507 PFISTER, HOLLY 1999-09-17 66.54 0269508 SPOONER, KEVIN K 1999-09-17 29.96 0269509 COPE, DONALD A 1999-09-17 71.50 0269510 IMPROTA, DEBORHA 1999-09-17 31.65 0269511 FAIRWAYS AT GRAND HARBOR LTD 1999-09-17 166.06 0269512 SINCLAIR, GIL 1999-09-17 15.75 0269513 DEC OF HOUSING & URBAN DEVEL 1999-09-17 8.13 0269514 BOTTORFF, BRYAN 1999-09-17 32.51 0269515 DELTA PETROLEUM & INDUSTRIAL 1999-09-17 288.27 632,455.99 7.B. CANCELLATION OF COMMISSIONMEETINGS FOR TUESDAY. NOVEMBER 23, 1999 AND TUESDAY, DECEMBER 28.1999 The Board reviewed a Memorandum of September 20, 1999: To: Board of County Commissioners Date: September 20, 1999 From: Kenneth R. Macht, Chairman Subject: CANCELLATION OF COMMISSION MEETINGS I would like to recommend that we cancel the Board of County Commissioners meetings scheduled for Tuesday, November 23 and December 28, 1999. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the cancellation ofthe regular meetings scheduled for Tuesday, November 23, 1999 and Tuesday, December 28, 1999. SEPTEMBER 28, 1999 -16- Z C. AFFORDABLE HOUSINGADVISORY COMMITTEE - RESIGNATION OF MARK COMENZO The Board reviewed a Memorandum of September 20, 1999: MEMORANDUM TO: Board of County Commissioners FROM: Commissioner John W. Tippin DATE: September 20, 1999 SUBJECT: Affordable Housing Advisory Committee I ask the Board to ratify the resignation of Mr. Mark Comenzo from the Affordable Housing Advisory Committee. I would also like to invite anyone who may be willing to serve from the public sector representing the Home Building industry to submit a resume to the county commission office. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously accepted, with regret, the resignation of Mark Comenzo from the Affordable Housing Advisory Committee. SEPTEMBER 289 1999 L ai ie• f L 1. -17- NOK �"[ P A ay,- 9 ZD. CHILDREN'S SERVICES ADVISORY COMMITTEE - APPOINTMENT OF BOB JOHNSON TO FILL EXPIRED TERM OF ROSE GAPES The Board reviewed a Memorandum of September 20, 1999: To: Board of County Commissioners From: Caroline D. Ginn, Commissioner Date: September 20, 1999 Subject: REPLACEMENT FOR CHILDRENIS ADVISORY COMMITTEE Rose Gaines' term on the Children's Service Advisory Committee expired in July and I would like to appoint Mr. Bob Johnson to fill this vacancy. Attached is his current resume. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously appointed Bob Johnson to fill the vacancy on the Children's Services Advisory Committee occasioned by the expiration of Rose Gaines' term in July, 1999. SEPTEMBER 28,1999 -18- 9 ZE. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT COUNTYWIDE ABANDONED FLOW WELL PLUGGING COST ,SHAREAGREEMENT The Board reviewed a Memorandum of September 22, 1999: TO: James E. Chandler County Administrator DE NT HEAD CONCURRENCE: Ro M. Keating, AICP Community Development Dirotor FROM: Roland M. DeBloi CP Chief, Environmental Planning DATE: September 22, 1999 RE: Renewal of Countywide Abandoned Flow Well Plugging Cost -Share Agreement with the St. Johns River Water Management District It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of September 28, 1999. Since 1989, the County has participated in a cost -share program with the St. Johns River Water Management District (SJRWMD) to plug abandoned artesian wells on County Utilities property. In 1990, the program was expanded countywide to include the plugging of abandoned flow wells on private property (subject to authorization from the private landowner). As a result of the program, more than 200 wells have been plugged or repaired in Indian River County, saving millions of gallons per day (mgd) of ground water. From 1990 to 1996, concerning the countywide, private property well plugging program, the County allocated $15,000 in matching funds on a fiscal year basis. In turn, SJRWMD matched the county's funds with $15,000 of its own, resulting in a total of $30,000 per fiscal year allocated for the countywide well plugging program. In 1997, however, because there had been a backlog of wells on private property to be plugged, the Board approved an increase of its match from $15,000 to $20,000 for the countywide program. The SJRWMD followed suit and increased its 50% match to $20,000, resulting in a total allocation of $40,000 for the countywide well plugging program. The proposed agreement renewal for FY 1999-2000 is similar to last year's agreement, with each agency allocating $20,000 toward the program. The attached cooperative agreement renewal for countywide well plugging is hereby presented to the Board for approval consideration for fiscal year 1999-2000. SEPTEMBER 289 1999 I GOOKS In 1995, as a change from previous years, two separate contracts - one for Utilities property, and one for countywide private property - were executed. This memorandum and the attached contract renewal pertain only to the countywide well plugging program; well plugging relating to County Utilities property will be addressed by the County Utilities Department under a separate agreement. The attached FY 1999-2000 countywide contract renewal follows the same format as the 1995 countywide agreement (entered in January 1996) that was renewed last fiscal year. Abandoned flow -wells result in the unnecessary consumption of groundwater. Moreover, artesian flow wells tend to have high chloride levels, and in tum lower water quality in the surficial aquifer, which is commonly used for private potable wells. Renewal of the attached agreement will result in the continuation of an important and successful water quality and quantity protection program. The agreement renewal will fulfill Comprehensive Plan Natural Groundwater Aquifer Recharge Policy 3.5, which calls for ongoing renewal of the program. In anticipation of this agreement renewal, $20,000 has been earmarked in the County's FY 1999-2000 budget for the countywide well -plugging program (Plannmg/Code Enforcement Budget Account # 004-207-524- 033-19, 04207-524033.19, under "Professional Services"). Staff recommends that the Board of County Commissioners approve the attached countywide abandoned flow well plugging cost -share agreement renewal with the SJRWMD for FY 1999-2000, and authorize the chairman to execute the agreement. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved the Countywide Abandoned Flow Well Plugging Cost -Share Agreement with SJRWMD and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE SEPTEMBER 28, 1999 OF THE CLERK TO THE BOARD -20- • 7.F. RANDLE PROPERTIES. INC -EXTENSION OFPRELIMINARYPD PLAN APPROvAL To 09/15/00 - PD -98-09-14 The Board reviewed a Memorandum of September 20, 1999: TO: James E. Chandler County Administrator DTNaSl0N HEAD CONCURRENCE: Robert M. Keating, CP, Community Development Director / THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP & Senior Planner, Current Development DATE: September 20, 1999 SUBJECT: Randle Properties Inc.'s Request for Extension of Preliminary PD Plan Approval (PD -98-09-14) It is requested that the information provided herein be given formal consideration by the Board of County Commissioners at its meeting of September 28, 1999. On August 7, 1998, the Planning and Zoning Commission granted preliminary PD plan approval (with conditions), contingent on Board of County Commission approval of the PD rezoning to construct a multiple use commercial project consisting of a retail area and mini -storage facility. That plan is in conformance with a conceptual PD plan and commercial PD rezoning request that was subsequently approved by the Board of County Commissioners. The project site is located at 8545 20'h Street, on the south side of SR 60 just west of Ethan Allen Fumiture. The current expiration date of the approved preliminary PD plan is September 15, 1999, one year after the Board of County Commissioners approved the PD rezoning and made the preliminary PD plan approval effective. SEPTEMBER 28, :.1999 -21- • r Prior to that expiration date, the project applicant filed a request to extend the preliminary PD plan approval date by one year. The applicant cites financing issues as the reason for the delay in commencement of project construction. Pursuant to applicable PD and site plan regulations, the extension request may now be considered by the Board of County Commissioners. Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the subject project are not significant enough to require substantial revisions or redesign of the project. All TRC staff members have recently approved the applicant's request for site plan extension. As allowed under provisions of the LDRs, Randle Properties, Inc. is requesting a full one year extension of the preliminary PD plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested preliminary PD plan extension. Subject to the original preliminary PD plan approval conditions, staff has no objection to the Board granting the request since the previously approved site plan substantially conforms to existing IDR requirements. Staff recommends that the Board of County Commissioners approve Randle Properties Inc.'s request for a one year extension of the preliminary PD plan approval with all original approval conditions to remain in effect. The new preliminary PD plan expiration date will be September 15, 2000. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Randle Properties, Inc.'s request for a one-year extension of the preliminary PD plan approval with all original approval conditions to remain in effect and a new expiration date of September 15, 2000, as recommended by staff. SEPTEMBER 28, 1999 -22- 7G. MISCELLANEOUS BUDGET AMENDMENT #027 The Board reviewed a Memorandum of September 21, 1999: TO: Members of the Board of County Commissioners DATE: September 21, 1999 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 027 CONSENT AGENDA THROUGH: Joseph A. Baird OMB Director FROM: Jason E. Brown C* Budget Analyst DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The Recreation Department has been reimbursed for busing costs through a Transportation Disadvantaged Grant. The attached entry appropriates these funds. 2. On February 16, 1999 the Board of Commissioners approved an Article V Trust Fund Grant for $11,804. The attached entry appropriates these grant funds. 3. The Health Insurance Fund has received higher revenues and incurred higher expenses than expected. The attached entry appropriates funding. 4. Several oceanfront parks were damaged by erosion from Hurricane Floyd. The attached entry appropriates additional funds for repairs. 5. Indian River County's Rental Assistance Program has experienced more assistance requests, and more revenues than projected. The attached entry appropriates funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. SEPTEMBER 289 1999 -23-�1Ut rF�GF r 0 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Miscellaneous Budget Amendment #027, as recommended by staff. TO: Members of the Board of County Commissioners FROM: Joseph A. BairdC) ' OMB Director (f BOOK HqU BUDGET AMENDMENT: 027 DATE: September 21, 1999 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUES GENERAL FUND/ Recreation Summer Camp Revenues 001-000-347-212.00 $10,780 $0 GENERAL FUND/ Recreation Program Activity Fees 001-000-347-210.00 $5,000 $0 GENERAL FUND/ Recreation Rentals - Buildings 001-000-347-294.00 $15,000 $0 MUNICIPAL SERVICES TAXING UNIT/ Recreation Program Activity Revenues 004-000-347-210.00 $3,593 $0 EXPENSES GENERAL FUND/ Recreation/ Summer Camp Expenditures - Transportation 001-108-571-041.13 $18,780 $0 GENERAL FUND/ Recreation/ Other Salaries & Wages 001-108-571-011.13 $12,000 $0 MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Other Salaries & Wages 004108-571-011.13 $3,593 $0 2. REVENUES GENERAL FUND/ Article V Trust Fund Court Grant 001-000-334820.00 $11,804 $0 EXPENSES GENERAL FUND/ Circuit Court/ Public Defender Conflicts 001-901-621-033.19 $7,000 $0 GENERAL FUND/ Circuit Court/ Expert Witness Fees 001-901-619-034.92 $4,804 $0 SEPTEMBER 28, 1999 -24- 0 • TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT: 027 DATE: September 21, 1999 Entry Number Funds/Department/Account Name Account Number Increase Decrease 3. REVENUES HEALTH INSURANCE FUND/ Health Insurance Charges 504000-341-240.00 $400,000 $0 EXPENSES HEALTH INSURANCE FUND/ Insurance Claims 504127-519-034.58 1 $400,000 $0 4. REVENUES PARKS DEVELOPMENT/ Cash Forward Revenues 113-000-389-040.00 $50,000 $0 EXPENSES PARKS DEVELOPMENT/ Maintenance - Dunes 113-210-572-034.75 $50,000 $0 5. REVENUES RENTAL ASSISTANCE/ Low Income Housing Revenues 108-000-331-057.00 $95,000 $0 RENTAL ASSISTANCE/ Section 8 Hard to House 108-000-349-007.00 $2,000 $0 RENTAL ASSISTANCE Section 8 Audit Fees 108-000-349-008.00 $3,000 $0 EXPENSES RENTAL ASSISTANCE Rental Assistance Payments 108-222-564-036.73 $100,000 $0 SEPTEMBER 28, 1999 —25- c,t7C.r '� r,�CC ::., • r 7.H. ARTICLE VTRasTFvND GRANT-IN-AmAGREEMENT- FY1999-2000 - OFFICE OFSTATE COURTBADMINIBTRATOR-19TKJUVICIAL CIRCUIT (COURT REPORTING, ETG� The Board reviewed a Memorandum of September 21, 1999: TO: Members of the Board of County Commissioners THROUGH: Joseph A. Baird \ \ Budget Director \ FROM: Jason E. Brown Budget Analyst SUBJECT: GRANT AGRE?NT FY 1999/2000 ARTICLE V TRUST FUND GRANT-IN-AID DATE: September 21, 1999 BACKGROUND AND ANALYSIS During the 1997 legislative session, the state congress passed HB 1319 which created the County Article V Trust Fund. The trust fund was created to provide compensation to counties for certain court costs, including court reporting and transcribing costs, expert witness fees, and costs incurred for the appointment of special public defenders in criminal cases. As passed, the Article V Trust Fund program runs from FY 1998/99 to 2001/02. Ten percent of all civil penalties collected by county courts in State fiscal year 1999/2000 will be deposited into the Trust Fund for distribution to the counties through grants-in-aid. This percentage will increase in subsequent years up to the maximum of 20.6% in FY 2001/02. Indian River County has been awarded a grant-in-aid in the amount of $29,790 under the Article V Trust Fund for FY 1999/2000. In consultation with the chief judge of the Nineteenth Judicial Circuit, staff has developed a spending plan for these funds. Under the plan, Indian River County will receive funding for special public defender costs, court reporting services, and expert witness fees in criminal proceedings. The grant monies are to be distributed in advance through three disbursements prior to July 31, 2000. No matching funds or expenditures by the County are required as conditions of the grant. SEPTEMBER 28, 1999 -26- _I • Attached is the proposed grant-in-aid agreement between the County and the Office of the State Courts Administrator, who will administer the grant. In order to obtain the funds, the county must return the signed agreement, along with the spending plan approved by the chief judge of the circuit. The spending plan has been approved by Judge Paul B. Kanarek, and is enclosed for the Board's review and the Chairman's signature. RECOMMENDATION Staff recommends that the Board of Commissioners approve the grant and authorize the Chairman to sign the agreement along with the attached letter approving the spending plan. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board imani*nously approved the grant and authorized the Chairman to sign the agreement, along with the attached letter approving the spending plan, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE SEPTEMBER 28, 1999 OF THE CLERK TO THE BOARD -27-GOOK �r a ��7:. • PS00K. U TAXDEED SALEHELD AFTER REDEMPTION OF CERTIFICATE -DEED FROMHOBBERT TO COUNTY- DEED FROM COUNTY TO LEE The Board reviewed a Memorandum of September 17, 1999: TO: The Board of County Commissioners September 17, 1999 FROM: ; (; William G. Collins II - Deputy County Attorney SUBJECT: Tax Deed Sale Held After Redemption of Certificate The Clerk of Court has advised this office that a tax deed sale was held on August 24, 1999 and a Tax Deed was issued to the highest bidder (Stephen R. Hubbert and Lisa A. Hubbert) for Lot 20, Block 316, Sebastian Highlands, Unit 13, however prior to the tax deed sale the tax certificate had been redeemed although the Clerk's Office was not informed of the redemption. The Clerk's Office has notified the Hubberts of this error and the Hubberts have consented to a refund of their money paid for the property, and agreed to quit- claim the property back to the County so that the County, in tum, can quit -claim the property back to the assessed owner (Hak S. Lee and Young S. Lee). RECOMMENDATION: Authorize the Chairman to execute the attached County Deed for recording in the Public Records as soon as the Quit -Claim Deed from the Hubberts to the County has been executed and delivered for recording. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to execute the County Deed for recording in the Public Records as soon as the Quit -Claim Deed from the Hubberts to the County has been executed and delivered for recording, as recommended by staff. DEEDS WILL BE RECORDED IN THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY SEPTEMBER 28, 1999 -28- `I 8. CLERK OF CIRCUIT COURT - MASSACHUSETTS MUTUAL AS DEFERRED COMPENSATION PLAN PROVIDER The Board reviewed a Memorandum of September 17, 1999: TO: Board of County Commissioners September 17,1999 SUBJECT: Deferred Compensation Plan Provider FROM: Jeffrey K Barton, Clerk of the Circuit Court Background Information In 1988, the Board of County Commissioners approved the establishment of a deferred compensation plan, known as a "457 Plan", through the International City Management Association Retirement Corporation (ICMA). In May, 1995, the Board of County Commissioners approved the National Association of Counties as an additional plan provider for deferred compensation. Their plan is administered by the Public Employee Services Corporation (PEBSCO). The deferred compensation plans provide employees the option to defer from $20 to as much as 25% of their taxable county salary, not to exceed $8,000 annually. The employee has the ability to select any plan provider approved by the Board of County Commissioners. The plans are funded by the employee's contributions and require no funds from the Board and do not impose any liability on the Board. Currently, the County Constitutional Officers are allowing their employees to also use Mass Mutual as a deferred compensation Plan Provider. The County's auditors, Harris, Cotherman & Associates, questioned if the officers had the authority to use a deferred compensation plan provider that had not been approved by the Board of County Commissioners. Rnested Action To eliminate any doubt as to the use of Mass Mutual as a deferred compensation plan provider, I am requesting the Board of County Commissioners approve Mass Mutual as an additional plan provider. Approval of Mass Mutual as an additional plan provider will not impose any costs on the Board. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously approved Mass Mutual as an additional deferred compensation plan provider, as requested, and directed staff to prepare an ordinance for public hearing on October 12, 1999. SEPTEMBER 28, 1999 a- ,,> .=l -29- o u r 9.A.1, PUBLIC HEARING - ORDINANCE 99-025 PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN SELF- SERVICE DISPLAYS ACCESSIBLE TO MINORS PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING I5 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of September 1, 1999: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney's Office DATE: September 1, 1999 RE: Tobacco Ordinance At the request of SWAT, a student group against the use of tobacco products, the Board directed our office to prepare the attached ordinance, which will be presented to the Board for final adoption September 14, 1999. The ordinance makes it a violation of County ordinance to sell tobacco products by means of self-service merchandising in any establishment which allows people under the age of 18 to shop. Recommendotionc Staff recommends that the Board adopt this ordinance after public hearing. Chairman Macht noted that the program has been crafted by the children themselves and expressed his hope that it would have a widespread effect throughout the state. SEPTEMBER 28, 1999 -30- • Ms. Leslie Cracraft, Indian River County Health Department, expressed the thanks of the kids who have worked with the SWAT partnership. Commissioner Adams noted that it is the Board who needs to thank the kids for their initiative and expressed her hope that the program will make a huge difference, not only with their peers, but throughout the state. Christie Cummings, President SWAT, 149 Crawford Drive, Sebastian, expressedher hope that the program will make it harder for kids to buy cigarettes. Robin Dapp, 545 46' Court, SWAT member and Vice Chair for the Substance Abuse Council, noted that Indian River is the second county in the state to adopt such an ordinance and commented that commissioners in other areas have not been as supportive. She thanked each of the Commissioners for participating in this experience for young people to see how government works. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Jackie Dowd, Assistant Attorney General of the State of Florida, commented that it really is a pleasure to be here and see this demonstration of local government in action to protect young people. Frank Coffey, 5045 Fairways Circle, #106, felt the wrong group was being singled out and that the protest should properly start with the grower and end with the consumer. He believed it was inappropriate to pass the ordinance and that it would be an infringement on the Constitution. SEPTEMBER 289 1999 -31- 0 01 Kr A • , The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously adopted ordinance 99-025 prohibiting placement of tobacco products in self-service displays accessible to minors. ORDINANCE NO. 99- 2 5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN SELF-SERVICE DISPLAYS ACCESSIBLE TO MINORS; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted laws, located in Chapter 569, Florida Statutes, that provide for increased regulation of the retail sale of tobacco products; and WHEREAS, within Chapter 569, Florida Statutes, the Florida Legislature has provided for civil, administrative, and/or criminal penalties for the sale of tobacco products to a person under the age of 18 and for the possession of such tobacco products by a person under the age of 18; and WHEREAS, the State of Florida has entered into a settlement agreement with the tobacco industry for billions of dollars to reimburse the state for some of the health care costs incurred by the state due to the prevalence of tobacco use; and WHEREAS, the settlement agreement between the State of Florida and the tobacco industry provides for a pilot program which is aimed specifically at the reduction of the use of tobacco by persons under the age of 18; and WHEREAS, the U.S. Surgeon General and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco related diseases became addicted to tobacco products prior to reaching the legal age of consent; and WHEREAS, survey results conducted in October and December of 1998 showed that 90% of tobacco retailers have tobacco products located on, in front of, and beside the counter, and 25% of tobacco retailers have tobacco product displays and open containers located directly next to entranceways; and SEPTEMBER 28, 1999 -32- • WHEREAS, the Board of County Commissioners and the citizens of Indian River County are concerned about the use of tobacco products by persons under the age of 18; and WHEREAS, the Board of County Commissioners believes that a reduction in the availability, both visually and physically, of tobacco products to persons under the age of 18 will likely lead to a reduction in tobacco product use by that age group; and WHEREAS, Chapter 569, Florida Statutes, does not prohibit local governments from regulating the placement and merchandising of tobacco products; and WHEREAS, the U.S. Supreme Court has held in Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1981), that ordinances that regulate the commercial marketing of items that may be used for illegal purposes do not violate the First Amendment; and WHEREAS, the Board of County Commissioners desires to regulate the placement of tobacco products as it is in the best interests of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:: SECTION 1. TITLE This ordinance shall be known and may be cited as the "Merchandising of Tobacco Products Ordinance." SECTION 2 DEFINITIONS For the purpose of this ordinance, the following terms shall mean: Business means any sole proprietorship, joint venture, partnership, corporation, or limited liability company or other business formed for profit making or non-profit purposes in both the incorporated and unincorporated areas of Indian River County, including retail establishments where goods or services are sold. Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity. Self-service merchandising means the open display of tobacco products to which the public has access without the intervention of the vendors, store owner, or other store employee. Tobacco products include loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. Tobacco retailer means any person or business that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. Vendor assisted means the customer has no access to tobacco products without the assistance of the vendor, store owner, or other store employee. SEPTEMBER 289 1999 • -33- �. J F, SECTION 3. MERCHANDISING PROHIBITED No person, business, tobacco retailer, or other establishment subject to this ordinance shall sell, permit to be sold, offer for sale, or display for sale any tobacco products by means of self-service merchandising. Only vendor assisted sales are allowed, unless access to the premises by persons under the age of 18 is prohibited by the person, business, tobacco retailer, or other establishment or prohibited by law. SECTION 4. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. The ordinance was advertised in the Vero Beach Press Journal on the 18th day of September , 1999, for a public hearing to be held on the 28th day of September , 1999, at which time it was moved for adoption by Commissioner S t a n h r i d g e , seconded by Commissioner Adams , and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge Commissioner John W. Tippin Ay e The Chairman thereupon declared the ordinance duly passed and adopted this 28th dayofSeptember '1999. J. K. Barton, Deputy Clerk BOARD OF COUNTY CO MISSIONERS INDIAN RIVER COUN LORIDA By Kenneth R. Macht Chairman ACKNOWLEDGMENT of filing with the Department of State of the State of Florida, this day of '1999. 6/14/99(ordlamendluti1)D1Vvk SEPTEMBER 28, 1999 -34- APPROVTFD A5 TO Ft1nM At� 1ot0(Yl �F1 ;f-N039es P. �; County 0 9.A.2. PUBLIC HEARING - RESOLUTION 99-106 CONFIRMING ASSESSMENTS - FLORAVON SHORES SUBDIVISION PETITION WATER SERVICE -110TH PLACE - RESOLUTION III PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of September 17, 1999: DATE: SEPTEMBER 17,1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF =MC PREPARED JAMES D. CHASTA14— AND STAFFED MANAGER OF ASjENMENT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FLORAVON SHORES SUBDIVISION PETITION WATER SERVICE –110' PLACE INDIAN RIVER COUNTY PROJECT NO. UW -99 -03 -DS RESOLUTION III – PUBLIC HEARING On September 7, 1999, the Indian River County Board of County Commissioners approved Resolution I (99-89), and Resolution lI (99-90). Resolution I contained the preliminary assessment roll describing the project and cost Resolution II set the date of the public hearing for the subject project Property owners have been notified of the public hearing by mail. Resolution I (99-89) was published in the Vero Beach Press Journal on September 13, 1999. (See attached agenda item and minutes of the above meeting). ANALYSIS Of the 13 homes on 110d' Place (one under construction), 11 homeowners have signed the petition (85% of the homes), for County water due to substandard quality of their well water. One owner not signing the petition owns five vacant lots. Although the owners signing represents 52% of the 21 lots, (eight lots being vacant), staff believes, due to the high percentage of homeowners in favor, that the project should move forward at this time. SEPTEMBER 289 1999 0 I 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 less than .50 (1/2) acre and are defined as "undersized" as defined in the Indian River County Comprehensive Plan. According to the Environmental Health Department for Indian River County, this subdivision does not meet today's standards for construction with wells and septic tanks. This limits the size of 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 "unbuildable." 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 is page 4 of the Potable Water Sub -element, and page 22 of the Sanitary Sewer Sub - element). In cooperation with the Public Works Department, staff has obtained a right-of-way record drawing which has been utilized for design of this project. Although some minor survey work will still be required, this may assist in reducing project design costs. Design services will be provided by the Department of Utility Services. Design of the water distribution system is complete. An informational meeting was held with the property owners on September 21, 1999. The project will serve the 21 platted lots along 110th Place. Approval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to benefit form the assessment project. The total estimated cost to be assessed is $43,531.60. The estimated cost per square foot is $0.15466. 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. 473-000-169-372.00. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolution III, which affirm the preliminary assessment on the subject property. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Ronald Gaudet, 6635110' Place, submitted a petition signed by 8 people who do not want water at this time and feel it is a financial hardship. (CLERK'S NOTE: The Petition is on file with the backup for today's meeting. SEPTEMBER 28, 1999 -36- 0 , 0 -I • Norm Burbine, 6672110` Place, emphasized that 85% of the residents have agreed with the project and that 5 lots are owned by 1 person who is not a resident of the area. He urged approval of the project. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board unanimously adopted Resolution 99-106 confirming the special assessments in connection with a water main extension to the Floravon Shores Subdivision. Public Hearing (mrd Reso.) RESOLUTION NO. 99- 106 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO THE FLORAVON SHORES SUBDIVISION; PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 99-089, adopted September 7, 1999, determined to make special assessments against certain properties to be serviced by a water main extension to the Fioravon Shores Subdivision (110*' Place); and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 99-090 on September 7, 1999, and set a time and place for a public hearing at which the owners of the properties to be assessed and other interested SEPTEMBER 28-,1999 0 r,o -37- ��K U0K persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Thursday, September 9, 1999, and once again on Thursday, September 16, 1999 (twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, September 28, 1999, at 9:05 a.m. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The Board finds that the properties asthis sessment tion will receive special benefits equal to or greater than the cost of the 4. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner G i n n_ , and the motion was seconded by Commissioners t a n b r i d g e, and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Ruth Stanbridge Aye SEPTEMBER 28, 1999 -38- I The Chairman thereupon declared the resolution duly passed and adopted this 28th day of September, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, F ORIDA %% A � J. K. Barton, Z/ / By; B-�-�-�. Kenneth R. Macht Deputy24�— Clerk Chairman BCC Approved 09-28-99 Attachment: ASSESSMENT ROLL (to be recorded on Public Records) ImdxlAws G A6oroved Ad r.!ri LLnY1 PRELIMINARY ASSESSMENT SUMMARY 110TH PLACE - FLORAVON SHORES - PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT No. LW -99 -MDS SEPTEMBER 28, 1999 -39- ;e MOO PARCEL 1. D. NO, OWNER r SQUARE FOOTAGE ASSESSMENT 08 3139 00002 0000 00001.0 BARNES -2 LOTS 18,5 2,829.50 08 3139 00002 0000 00003.0 BARNES- 13,000 2,010.56 08 3139 0000.2 0000 00004.0 CHRISTY 13,000 2,010.58 08 3139 00002 0000 00005.0 MARTZ 13,000 2,01058 08 3139 00002 0000 00008.0 GUTHRIE 13,000 2,010.58 08 3139 00002 0000 00007.0 BURSINE 13,000 2,010.58 08 3139 00002 0000 00008.0 HOWEY 13,939 2,155.81 08 3139 00002 WW 00009.0 HOWEY 13,504 2,088.53 08 3139 OOOM 0000 00010.0 COLLADA 14,375 2,223.24 08 3139 00002 0000 00011.0 BARNES 13,939 2,155.81 08 3139 00002 0000 00012.0 DOROUGH 14,375 222324 08 3139 00002 0000 00013.0 O'QUIST 14,375 2,223.24 08 3139 0007E 0000 00014.0 GAUDET 13,939 2,155.81 08 3139 00002 0004 00015.0 JOHNSTON 13,939 2,155.81 08 3139 00002 0000 00016.0 PASSETT 13,939 2,155.81 08 3139 00002 0000 00017.0 METRO 13,504 2,088.53 08 3139 00002 0000 00018.0 HALL 18.295 2,829.50 08 3139 00002 0400 00035.0 THERIEN 15,018 2,322.37 06 3139 00002 0000 00035.1 THERIEN 81916 1,378.95 08 31 39 00002 OOW 00036.0 BARNES 16.117 2,492.55 SQUARE FOOTAGE TO BE ASSESSED 281,457 TOTAL ESTIMATED PROJECT COST AND AMOUNT TO BE ASSESSED ESTIMATED COST PER SQ. FOOT AUG.18, 1998 110TH PL-FLORAVON.1 J.D.C. SEPTEMBER 28, 1999 -40- • 0.15488 43,531.80 irijG6e.'�s° FLORAVON SHORES -110TH PLACE - WATER SERVICE 8118/99 J.D.C. PARCEL 8 06 3139 00002 0000 00001.0 SQ FT. 18,295 ASSESSMENT 2.829.50 OWNER BARNES, ANN ANGEL (TR) 6696 110TH ST SEBASTIAN, FL 32968 LEGAL FLORAVON SHORES SUB PBI 478 ; LOTS 1 &2 PARCEL 11 08 3139 00002 0000 00003.0 SQ FT. 13.000 ASSESSMENT 2,010.56 OWNER BARNES, ANN ANGEL (TR) 8896110TH ST SEBASTIAN, FL 32958 LEGAL FLORAVON SHORES SUB PBI 4-78 LOT 3 PARCEL / 08 3139 00002 0000 00004.0 Ski. FT. 13,000 ASSESSMENT 2,010.58 OWNER CHRISTY, JAMES & LYNN MARIE 216 LONGVIEW OR JEFFERSONVILLE, IN 47130.6838 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 4 PARCEL #t 08 3139 00002 0000 00005.0 SQ FT. 13,000 ASSESSMENT 2,010.58 OWNER MARTZ, RICHARD E. & ALETTA J. 8848110 TH PL SEBASTIAN, FL 329584736 LEGAL. FLORAVON SHORES SUB PBI 4-78 LOT 5 PARCEL 8 08 3139 00002 0000 00006.0 SQ FT. 13,000 ASSESSMENT 2,010.58 OWNER GUTHRIE, H EDWIN (TR) 111W U S HIGHWAY ONE SEBASTIAN, FL 32968.4721 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 8 PARCEL #1 3139 00002 0000 00007.0 SQ FT. 13,000 ASSESSMENT 2,010.66 OWNER BURBINE, NORMAN H. & ANNE 8872 110TH PL SEBASTIAN, FL 32958 LEGAL FLORAVON SHORES SUB PBI 478 LOT 7 SEPTEMBER 289 1999 510 -I PARCEL # 08 3139 00002 0000 00008.0 SC. FT. 13,939 ASSESSMENT OWNER HOWEY, SYLVIA S M 18925 LAKE BEND DR JUPITER, FL 33488 LEGAL FLORAVON SHORES SUB PBI 4-78 LOT 8 PARCEL # 08 3139 00002 0000 00009.0 SQ FT. OWNER HOWEY ERNEST L & SYLVIA S M 18925 LAKE BEND DR JUPITER, FL 33455 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 9 PARCEL # 06 3139 00002 0000 00010.0 SQ FT OWNER COLLADA, ROBERT A, & SYLVIA 2105 S. U S HIGHWAY NO 1 VERO BEACH, FL 32962 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 10 GJWU� aSti s ' ✓ .�k�ldC. ? a60 2,155.81 13,504 ASSESSMENT ZOOL53 14,375 ASSESSMENT 2,223.24 PARCEL 0 08 3139 00002 0000 00011.0 SO. FT. 13,939 ASSESSMENT 2,155.81 OWNER BARNES, ANN ANGEL (TR ) 6698 110 TH ST. SEBASTIAN, FL 32958 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 11 PARCEL # 08 3139 00002 0000 00012.0 SQ FT. 14,375 ASSESSMENT 2,223.24 OWNER DOROUGH, PATRICW A. (TR) (TOK ) 8815110TH PL VERO BEACH, FL 329884738 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 12 PARCEL # 08 3139 00002 0000 00013.0 SO. FT. 14,375 ASSESSMENT 2,22324 OWNER OOUIST, DELMONT W. & CONSTANCE J. 8825110TH PL SEBASTIAN, FL 329584736 LEGAL FLORAVON SHORES SUB PBI 4-78 LOT 13 PARCEL # 08 3139 00002 0000 00014.0 SC. FT, OWNER GAUDET, JUNE M. 6835 110TH PL VERO BEACH, FL 329584738 LEGAL FLORAVON SHORES SUB PBI 4-78 LOT 14 SEPTEMBER 28, 1999 -42- 13,939 ASSESSMENT 2,155.81 0 0 • �.... --------- - � _a ."- - - - - PARCEL #1 08 3139 00002 0000 00015.0 SG. FT. 13,939 ASSESSMENT 2,155.81 OWNER JOHNSTON, ALBERT S. & JAYNE E 6845110 TH PL SEBASTIAN, FL 329584738 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 15 PARCEL i# 08 3139 00002 0000 00016.0 SG. FT. 13,939 ASSESSMENT 2,155.81 OWNER PASSETT, HENRY & PHYLLIS C. 8855 110TH PL SEBASTIAN, FL 329584736 LEGAL FLORAVON SHORES SUB PBI 4-78 LOT 16 PARCEL 6 08 3139 00002 0000 00017.0 SQ. FT. 13,504 ASSESSMENT 2,088.53 OWNER METRO, STEVE 23168 TH ALEXANDER OLMSTEAD, OH 44070 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 17 PARCEL 9 08 3139 00002 0000 00018.0 SO. FT. 18,295 ASSESSMENT 2,829.50 OWNER HALL, ROBERT GLENN & BEVERLY A. 8675110TH PL SEBASTIAN, FL 329584736 LEGAL FLORAVON SHORES SUB PBI 4-78 LOT 18 PARCEL #108 3139 OW02 000000035.0 SG. FT. 15,016 ASSESSMENT 2,322.37 OWNER THERIEN, RICHARD C. & CAROL P O BOX 780058 SEBASTIAN, FL 329780058 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 35, LESS A PARCEL OF LAND LYING & BEING IN A POR OF GOV LOTS 3 & 4, SEC 08-31-39, BEING A POR OF SAID LOT 35, BEING MORE OR LESS DESC AS FOLL: COM AT INTERSECTION OF S RN UNE OF 110111 PL W/ E RAW LINE OF US HWY #11, SAID PT BEING THE NW COR OF SAID LOT 35 & ALSO THE POB; TH N 85 DEG 03 MIN 27 SEC E, ALONG SAID S RAW OF 110TH PL, 108.0 FT; TH CONT ALONG S RNV LINE OF 110TH PL, N 67 DEG 24 MIN 06 SEC E,10.10 FT; TH S 06 DEG 08 MIN 34 SEC, 88.71 FT; TH S 84 DEG 00 MIN 57 SEC W, 89.35 FT TO SAID E RAM LINE OF US HWY #11; TH N 24 DEG W MIN 00 SEC W, ALONG SAID E RNV LINE OF US HWY#11. W-31 FTTO POB. SEPTEMBER 289 1999 I BOOK ,� '� O' ua' PARCEL 9 08 3139 00002 0000 00035.1 SQ. FT. 8,916 ASSESSMENT 1.378.95 OWNER THERIEN. RICHARD C. & CAROL 100 98TH ST. LOT 1 SEBASTIAN, FL 32958 LEGAL FLORAVON SHORES SUB PIN 4.78 A PARC OF LAND LYING & BEING IN A POR OF GOV LOTS 3 & 4, SEC 8-31-39; BEING A POR OFLOT 35 OF SAID SUB, BEING MORE PART DESC AS FOLL: COM AT THE INTERSECTION OF S RNV UNE OF 110TH PL W/ 6 RNV LINE OF LIS HWY# 1, SAID PT BEING THE NW COR OF SAID LOT 35 & ALSO THE POB; TH N 85 DEG 03 MIN 27 SEC E. ALONG SAID S RNV OF 110TH PL, 108.0 FT; TH CONT ALONG SAID S RMI LINE OF 110TH PL N 67 DEG 24 MIN 05 SEC E 10.10 FT; TH S 06 DEG 08 MIN 34 SEC E. 88.71; TH S 84 DEG 00 MIN 57 SEC W. 89.35 FT TO SAID E RNV LINE OF US HWY & 1 TH N 24 DEG 00 MIN W SEC W ALONG SAID E RMI LINE OF US HWY 8192.31 TO POB. PARCEL 0 08 3139 00002 MW 00038.0 SG. FT. 16117 ASSESSMENT 2,492.55 OWNER BARNES, ANN A/a^Eg7V) 8698 110TH ST SEBASTIAN, FL 3ZM 4736 LEGAL FLORAVON SHORES SUB PBI 4.78 LOT 36 TOTAL SQUARE FOOTAGE 281,457 TOTAL ASSESSMENT 43,531.60 SEPTEMBER 28, 1999 n. . 0. 0 • 9.A.3. PUBLIC HEARING - RESOLUTION 99-107 ABANDONING A PORTION OF 111H STREET BETWEEN COMMERCE AVENUE AND FEC RAILROAD RIGHT- OF-WAY - TOM PEASE (Legislative. PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of September 20, 1999: TO: James E. Chandler County Administrator D J ION HEAD CONCURRENCE: )Obert . K g, P Community evelopment Director DATE: September 20, 1999 THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP A� M Senior Planner, Current Development SUBJECT: Tom Pease's Request for an Abandonment of a Portion of 11th Street between Commerce Avenue and the FEC Railroad Right -of -Way. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 28, 1999. Tom Pease has submitted a petition to abandon the segment of 11' Street that lies between Commerce Avenue and the FEC railroad. The right-of-way is a "paper street" and located between Lot 14, Block 2, and Lot 1, Block 3 in the Rosedale Gardens subdivision. The subject right-of-way is rectangular in shape, measuring 60'x 125'. The applicant is requesting that this segment of right-of-way be abandoned to enlarge the buildable area of his adjacent lot located immediately south of the 111 Street segment. If abandoned, the right- of-way area will be added to the adjacent commercially zoned property north and south of the right- of-way centerline. The Board is now to consider the abandonment request. The subject 11th Street right-of-way segment was created via the Rosedale Garden Plat which was recorded in 1925. However, since the plat was recorded, no 11' Street right-of-way was ever extended west of the FEC railroad right-of-way. The property to the west of the FEC railroad tracks has been developed as the Rinker Concrete plant. This segment of 11th Street will not be used as a railroad crossing, and therefore can never become a through street. The subject 125' segment of 11t' SEPTEMBER 28, 1999 -45- • L- I Street right-of-way is not paved and not needed for access to any properties. Access to lots to the north and south of this segment of 11' Street right-of-way is from Commerce Avenue. Although the county does not desire to use the right-of-way for road building purposes, the right-of- way could still be used for future drainage and utility purposes. Therefore, the county Engineering Division is recommending that a 30' wide drainage and utility easement be retained over the middle 30' portion of the 60' wide right-of-way segment. The easement will run east/west and will be centered within the boundaries of the existing right-of-way. For that reason, the Resolution of Abandonment expressly reserves a 30' wide drainage and utility easement. Per guidelines established by the Board of County Commissioners, this petition was reviewed by all county divisions and utility providers having jurisdiction or potential interests within the right-of- way. All reviewing agencies and departments have recommended approval of the requested abandonment, with the condition that a 30' wide easement for utilities and drainage be reserved The subject right-of-way is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. Furthermore, the abandonment would not affect the right of convenient access to surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject right-of-way and authorize the chairman to execute the attached abandonment resolution, with the following condition: 1. That a 30' wide drainage and utility easement be reserved and that the said easement is to be created within the boundaries of the subject right-of-way and run in an east/west direction. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously adopted Resolution 99-107 providing for the closing, abandonment, vacation and discontinuance of a portion of 11' Street west of Commerce Avenue and east of the FEC Railroad between Lot 14, Block 2 and Lot 1, Block 3 in the Rosedale Gardens Subdivision and reserving a 20' drainage and utility easement centered in the abandoned right-of-way. SEPTEMBER 28, 1999 40 0 0 RESOLUTION NO. 994 0 7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF 11TH STREET WEST OF COMMERCE AVENUE AND EAST OF THE FEC RAILROAD BETWEEN LOT 14, BLOCK 2, AND LOT 1, BLOCK 3 IN THE ROSEDALE GARDENS SUBDIVISION, AND RESERVING A 20' DRAINAGE AND UTILITY EASEMENT CENTERED IN THE ABANDONED RIGHT-OF- WAY SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on June 23, 1999 Indian River County received a duly executed and documented petition from Tom Pease of Vero Beach, Florida, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of I I" Street west of Commerce Avenue and east of the FEC Railroad between Lot 14, Block 2, and Lot 1, Block 3 in the Roseland Gardens subdivision, said lands lying in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration ofthe petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the board finds that the subject right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly as: All of 11th Street (Willow Street) lying west of Commerce Avenue and east of the FEC Railroad right-of-way according to the plat of Rosedale Gardens subdivision recorded in Plat Book 1, Page 10 of the records of Indian River County. Lying in Indian River County, Florida is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed, except for a 30' wide drainage and utility easement which is hereby reserved centered within the abandoned right-of-way. 2. The closing, vacation, abandonment, discontinuance and disclaimer of this public right-of- way is in the best interests of the public. 3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. SEPTEMBER 289 1999 -47- 00K�.` ergot'': The foregoing resolution was offered by Commissioner S t a n b r i dg e who moved its adoption. The motion was seconded by Commissioner G i nn , and upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht A v e Vice -Chairman Fran Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge A y P Commissioner John Tippin A y e The Chairman thereupon declared the resolution duly passed and adopted this 2 8 t h day of September ,1999. BOARD OF COUNTY COMMISSIONERS TDI VER CO GRID BY: :enneth R. Mach+, Chairman Board of County Commissioners ATTEST: Jeffre . arton, Clerk State of Florida Coun dian River SEPTEMBER 28, 1999 -48- • I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State personally a Kenneth R. Macht ,andPATRICIA M. RIDGELY and County to take acknowledgments, pe y ppeared as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 2 8 t hday of September , A.D., 1999. ai Notary Pu lic Kimberly E. Massung APPROVED AS TO LEGAL SUFFICIENCY Khberl E Mamvg ,,,�/ p r. MY COMMISSION / CC855436 EXPIRES BY: �cJ CI S ,; lTR22003'''RF:S eoorwtuTQoY MIN (NRWACE INC William G. Collins, Deputy County Attorney APPROVED AS TO PLANNING MATTERS BY: RobertM. Keating, AIC Directo Community Developmen Di 's' n SEPTEMBER 28, 1999 —49— E0''K r u C. � • b y N 00 m �o �o 0 D RIGHT-OF-WAY ABANDONMENT LEGAL DESCRIPTION All of Willow Street lying between the East right-of- way line of the Florido East Coast Railway and the n West right-of-way line of Commerce Avenue, according p to the plot of Rosedale Gardens recorded in Plat Book 1, Page 10 of the Public Records of Indian River County, Florida. SUBJECT TO o 30 -foot public utilities easment lying 15 feet on each side of the centerline of the said street. Lying in Indian River County, Florida. D� � GPRO�NS R0S'Eca0CK GPRDENS R�5�0 SCS 1 L� Scale. 1=30' r, a is 0 0 n CERTIFICATION I, Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was mode under my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL OESCRPTION PREAMM FOR 911" RIVER COUNTY ENGINEERING OWARTMOIT S Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 4 Indian River County Surveyor (561) 567-8000 Date 9z xq&e Vv r --v G _I • 9.A.4. PUBLIC HEARING --ORDINANCE AMENDING TEXT OF THE ECONOMIC DEVELOPMENT, FUTURE LAND USE, COASTAL MANAGEMENT AND RECREATION AND OPEN SPACE ELEMENTS OF THE COMPREHENSIVE PLAN PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of September 15, 1999: TO: James E. Chandler, County Administrator DEPARTMENT HEAD CONCURRENCE Mert M. Keating, AYC THROUGH: Sasan Rohani, AICP; Chief, Long -Range Plannings''-�_ FROM: Peter J. Radke; Economic Development Planner. DATE: September 15, 1999 RE: COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE COMPREHENSIVE PLAN PLAN AMENDMENT NUMBER: CPTA 99-01-0179 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 28, 1999. On February 13, 1990, Indian River County adopted its comprehensive plan. As required by state law, all development activities must be consistent with the comprehensive plan, and all county activities must conform to plan policies. Occasionally, the plan must be updated to reflect the latest and best available information and to address changed conditions. Additionally, the plan must periodically be reviewed and revised in order to reflect the community's changing needs and desires. At this time, the county is initiating a comprehensive plan text amendment which involves several elements of the plan. The affected elements are: ► the Coastal Management Element; ► -the Economic Development Element; ► the Future Land Use Element; and ► the Recreation and Open Space Element. SEPTEMBER 28, 1999 C, -51- G00K 0j F'''u,. ;` I- ' Based on a review of the comprehensive plan, staff has identified text errors in policy 5.1 of the Coastal Management Element and in policy 7.3 of the Recreation and Open Space Element. Part of the purpose of this amendment request is to correct those errors. At the November 24, 1998 Economic Development Council (EDC) meeting, a decision was made by the EDC to review the policies of the Economic Development Element to determine if those existing policies are producing the intended results. An EDC workshop was scheduled for January 12, 1999 to perform that review. At the January 12 workshop, the EDC discussed each of the Economic Development Element policies, and assessed whether completion of the actions called for in each policy would produce the results needed to meet the objectives of the Economic Development Element. Based on the workshop, the EDC directed staff to revise three policies and delete one policy. In addition, the EDC decided that another workshop would be held on February 16, 1999, to complete its review of the Economic Development Element's policies. Based on discussions at that January 12 workshop, Planning staff and the Chamber of Commerce staff met to review each policy of the Economic Development Element. In reviewing the policies, staff assessed the type of action that was called for in each policy and determined if that action could be defined and if that action could be completed. Consequently, staff recommended that nineteen policies be revised and another nineteen policies be deleted. On February 16, 1999, the EDC reviewed and approved the proposed changes to the Economic Development Element policies and voted 9-0 to recommend that staff proceed with a county initiated comprehensive plan text amendment to incorporate the proposed changes. Based on a review of the Future Land Use Element, staff has identified four policies that should be revised. Polices 1.34 and 1.35 are being revised to rename the "mixed use" land use designation. Policy 1.35 is also being revised to clarify which traditional neighborhood design standards should be applied to mixed use projects. Policy 14.3 is being revised to correct an error in the text. Finally, policy 6.1 is being revised to indicate that public services and/or facilities may be expanded to serve traditional neighborhood design projects that are partially outside the urban service area and mixed use districts that are consistent with the policies of the Future Land Use Element. On March 8, 1999, at an advertised public hearing, the Planning and Zoning Commission voted 7 to 0 to recommend that the Board of County Commissioners transmit the proposed text amendment, with the exception of policy 5.5 of the Future Land Use Element, to the State Department of Community Affairs (DCA) for their review. - Proposed changes to policy 5.5 of the Future Land Use Element were presented by staff to the Planning and Zoning Commission at that Manch 8 public hearing. Staff proposed reducing the level of commercial development permitted in a residential planned development (PD) from 10% of the total project area to 3% of the total project area. The Planning and Zoning Commission concluded SEPTEMBER 28, 1999 C -52- C, that more information was needed regarding commercial uses in a PD. Staff was directed by the Planning and Zoning Commission to research the issue and resubmit the proposed change in a future comprehensive plan amendment window. Professional Cenic s Advisory Committee On April 29, 1999, the Professional Services Advisory Committee voted 7 to 0 to recommend that the Board of County Commissioners transmit the proposed text amendment, with minor changes. to the State Department of Community Affairs (DCA) for their review. Transmittal Puhlir Hearing On May 18, 1999, the Board of County Commissioners voted 5 to 0 to transmit the proposed text amendment to the Florida Department of Community Affairs (DCA) for its review. The Board of County Commissioners is now to decide whether or not to adopt the proposed comprehensive plan text amendment. Obi tions, Reromm ndations.11nd Cornments (0E Report Consistent with state regulations, DCA reviewed the proposed amendment and prepared an Objections, Recommendations and Comments (ORC) Report (dated August 5, 1999), which planning staff received on August 9, 1999. The DCA ORC Report (attachment 4) contained four objections to this proposed text amendment. Those objections, which all apply to Future Land Use Element Policy 6.1 are listed below. 1.) The policy as amended would allow residential and other uses in rural areas far removed from urban areas. This allowance of land uses through out the rural county does not discourage urban sprawl and fails to protect adjacent agricultural areas and activities. This pattern of sprawl disproportionately increases the cost in time, money and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. The amendment does not maximize the use of existing and future public facilities and appears to allow urban development to occur in Waal areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. [Rule 9J-5.003(140), F.A.C.; Rule 9J- 5.005(2); and Rule 9J -5.006(5)(g), F.A.C.] 2.) The data and analysis supplied with the amendment is insufficient to demonstrate that the amendment would not allow the premature conversion of rural land to other uses and that these mixed use and traditional neighborhood design developments are functionally related to land uses which predominate the adjacent area. Rule 9J-5.005(2) 3.) The proposed policy appears to create some internal inconsistencies within the comprehensive plan. The proposed policy allows uses, such as non -agriculturally related businesses, within the Agricultural land use designation (Policy 1.10) that are inconsistent with the uses -allowed within that designation. It is also not clear whether accessory dwelling units allowed in traditional neighborhood developments will be included in the calculation of density. Additionally, it is not clear how the grid and interconnection to appropriate uses on adjacent site requirements of Policy 18.1 shall be applied to an isolated rural area. [Rule 9J -5.005(a), F 4.C., and Section 163.3177(2), F.S.) 4.) The proposed amendments are inconsistent with the following goals and policies of the State Comprehensive Plan (Chapter 187.201, Florida Statutes): Goal 16 (Land Use), Policies 2., and 6. SEPTEMBER.28,1999 -53- r �BOOK I` OEJ The ORC report also contained two comments listed below.' In contrast to objections, comments cannot form the basis of a non-compliance determination. These comments, however, do indicate DCA findings that should be addressed. 1.) Although Coastal Management Element (CME) Policy 5.1 references a definition for coastal construction that may be applicable to coastal high hazard areas, the reference to Rule 9J- 5.003(19), F.A.C., may be incorrect. It appears that the intent of CME Policy 5.1 is to address the coastal high hazard areas of the County. Therefore, CME Policy 5.1 would be improved if Rule 9J-5.003(17), F.A.C., which is the definition of"coastal high hazard areas," was referenced. 2.) The County indicates that Economic Development Element (EDE) Policy 7.2 will be moved to EDE Objective 2. However, the County does not assign a new policy number to EDE Policy 7.2 to reflect the proposed change. In this section, an analysis of the proposed changes by element will be provided, including a discussion of the county's response to DCA's ORC Report and the consistency of the amendment with the comprehensive plan. For.policies being recommended for revision, new text is identified by a double underlinC, while deleted text is identified by a evikeew Due to significant changes in many of the policies of the Economic Development Element, the double underline and strikeout method was not used to illustrate recommended changes; instead, revised polices are provided entirely. Policy 5.1 has been revised to correct a citation to the Florida Administration Code (FAC). As shown below, the original policy referred to Department of Community Affairs Rule 9J-5(3)(cX3). In the re%ised policy, the citation has been corrected to refer to the rules 9J-5.003(17) and 9J-5.012, F.A.C.. Proposed Action: REVISE POLICY Policy 5 1- In accordance with Department of Community Affairs Rule 9J -5(3)(c)(3) rules 9J- 5.003071 and 91-5.011 F.A_C. , the county hereby designates the "Coastal High -Hazard Area" (CHHA) as identified in the Treasure Coastal Regional Planning Council Hurricane Evacuation Studv (1994). Figure 9.22 of this element is hereby adopted as the county's CHHA designation map. In total, nineteen policies are being recommended for revision, and another nineteen policies are being recommended for deletion. These recommended changes to the policies of the Economic Development Element will result in policies that are more specific, policies that can be implemented, and an overall improved comprehensive plan element. Many of the policies of the Economic Development Element are the responsibility of the Economic Development Division of the Indian River County Chamber of Commerce. Those policies primarily address marketing activities. Based on the Economic Development Division's experience over the last two years of marketing the county's economic development potential, it was the Economic Development Division's recommendation to revise some of the Economic Development Element's policies so that the Economic Development Division's role would be better defined and so that the Economic Development Division could have more latitude in their marketing activities. Policies such as I A define the role and the actions required of the Economic Development Division. In revising these polices, the Economic Development Division's role and required actions will be better defined. SEPTEMBER 28, 1999 -54- • Policy 7.2 calls for the Economic Development Division to complete an annual marketing plan. This plan will identify the specific marketing activities that will be undertaken by the . Economic Development Division in the upcoming fiscal year. Consistent with revised policy 7.2, the Economic Development Division will be required to present its marketing plan to the EDC and have the EDC approve that plan prior to the Economic Development Division submitting a request for funds to the Board of County Commissioners. Other policies have been revised to better define the actions required of the county. For instance, policy 2.4 has been revised to identify the type of assistance that county staff will provide to private industrial park developers who are attempting to establish industrial parks in Indian River County. Policy 2.6, which lists the county's targeted industries, has been revised to expand that list of targeted industries. The list has been expanded, based on the recommendation of the EDC, to include any clean fight industries that have average annual wages which are above the county -wide average annual wage. Policies such as 1. 12, 3.5, and 7.4, which call for actions that are duplications of other policies, have been recommended for deletion. Other policies recommended for deletion include policy 1.6, which called for the county to target industries whose seasons complement the seasons of the citrus industry and tourist industry. Staff and the EDC have been unable to identify any such industries, and the EDC indicated that the county should be targeting industries that create full-time employment. For those reasons. policy 1.6 is being recommended for deletion. Following are the recommended changes for the Economic Development Element's policies. Lander each policy is a proposed action to revise or delete that policy. For policies that are being recommended for revision, a revised policy is presented. Pol'_c; I _1 The county shall utilize existing industries as a magnet to attract new industries. including support businesses for industries located in Indian River and surrounding counties. Proposed Action: DELETE POLICY Policy 1.2 will be combined with policy 1.5. Poi -.I: The county shall promote the growth of industries listed in SIC code 20 through 39 industries targeted by the county which provide skilled and semi -skilled jobs that pay higher average wages. Proposed Action: REVISE POLICY The Economic Development Division of the Indian River County Chamber of Commerce shall promote the growth of industries listed in SIC codes 20 through 39 and industries targeted by the county which provide skilled and semi -skilled jobs that pay higher than average wages. The Economic Development Division shall determine the methods to be used to promote the growth o those industries and identify these methods in its annual marketing plan. The results will be presented to the Economic Development Council on a quarterly basis. Pnficy 1-5: The county shall on a bi-annual basis support the Indian River County Chamber of Commence in surveying targeted businesses having more than ten employees. The purpose of the survey is to identify opportunities and problems associated with businesses, to identify businesses willing to expand, and to identify businesses considering relocation. The county's contribution shall involve financial support. The Chamber of Commerce shall provide a report to the Economic Develovment Council on an annual basis, detailing the results of the survey. SEPTEMBER 289 1999 511! • Proposed Action: REVISE POLICY On an annual basis, the Economic Development Division of the Indian River County Chamber of Commerce shall survey local businesses that are included in the county's targeted industries list and have more than ten employees. The purpose of the survey is to identify opportunities and problems associated with local businesses, the type of job training and assistance needed by businesses, businesses willing to expand, businesses considering relocation, and linked businesses. The Economic Development Division shall report the survey results to the Economic Development Council at the first meeting of each calender year. Policy 1.6: The county, as part of setting its list of target industries, shall target different employment sectors whose seasons supplement the seasons of the citrus industry and tourist industry. Proposed Action: DELETE POLICY The county should be targeting industries that create full-time employment. A study to identify industries that supplement the seasons of the citrus industry and tourist industry was undertaken by county staff in 1994. Staff were not able to identify any such industries. Policy 1-7: The Indian River County Chamber of Commerce and its Economic Development Division shall maintain contact with various businesses on a continuing basis and provide a quarterly report to the Economic Development Council, indicating the number of contacts, and the number of possible jobs, as well as results, problems, solutions and other pertinent information. Proposed Action: REVISE POLICY The Economic Development Division of the Indian River County Chamber of Commerce shall continue to contact businesses, as identified in its marketing plan, to encourage those businesses to consider Indian River County as a possible location. The county's list of targeted industries shall be the Economic Development Division's guide for the type ofbusinesses to contact. On a quarterly basis, the Economic Development Director of the Chamber of Commerce shall report to the Economic Development Council the number of businesses that were contacted, the type o businesses that were contacted, the number of persons employed by each of the businesses, and the result or actions taken from those contacts. Policy 1-g: The county shall continue a relationship with the Jobs and Education Partnership Program and Indian River Community College for quick response to Indian River County employers needing training for existing and prospective employees. Proposed Action: REVISE POLICY The county and the Indian River County Chamber of Commerce shall continue to inform existing and relocating businesses of training programs that are offered by the Indian River Community College, the Jobs and Education Partnership Program, and local high schools. Representatives from these institutions shall be invited to provide an annual report to the Economic Development Council summarizing what type of training assistance was provided to local businesses. Policy 1-9: As an employer, the county shall employ local residents, use local services, and retain local contractors, whenever possible. Proposed Action: REVISE POLICY As an employer, the county shall notify local residents and local business of any employment service contract opportunities by adver isirr 'ob opportunities in the local newspaper and b sendi SEPTEMBER 28, 1999 M--1 request for proposals to appropriate local businesses. To ensure proper notification, the county's General Services Department shall maintain a list of local businesses and contractors. Policy TI.10: On an annual basis, the county shall update its Commercial. -Industrial Data Source Book. This book consists of planning, zoning, land use, demographic, and other socio-economic information helpful to businesses desiring to relocate. Proposed Action: RE`"ISE POLICY The county shall on a semi-annual basis re-evaluate the size and location of its commerciaL'industrial nodes. On an annual basis, the county shall update its Commercial/Industrial Data Source Book. This book consists of planning, zoning, and land use information helpful to businesses desiring to relocate. Policy t"12: The county shall provide adequate infrastructure to areas designated for commercial and industrial development. Proposed Action: DELETE POLICY The action for Policy 1.12 is the same as the action for the revised Policy 2.3. Policy 2,3.: The county shall designate sufficient land on its Comprehensive Plan Future Land Use Map for future commercial/industrial uses and shall provide infrastructure for these lands to facilitate development of industrial parks within the county. Proposed Action: REVISE POLICY The county shall designate sufficient land on its Comprehensive Plan Future Land Use Map for future commercial/mdustrial rises and shall provide infrastructure (potable water and roads, and to the extent feasible sanitary sewer) for these lands to facilitate development of industrial parks within Poi 2.4: The county shall coordinate with private industrial park developers to establish indus parks at the SR 60 /1-95, CR 512 / I-95, and Oslo Road / 74d Ave. commercial/industrial nodes, at other appropriate locations within the county. Proposed Action: REVISE POLICY The county shall assist private industrial park developers to establish industrial parks at the SR 60/1- 95, CR 512/1-95, and Oslo Road/70 Ave. commercial/industrial nodes, and at other appropriate locations within the county. Assistance will include providing pre -application meetings to determine needs and requirements of potential industrial park developers, expediting the permitting process, assisting with appropriate grant applications, and providing information pertaining to available Policy 15: The county, through the solid waste disposal district, will provide land adjacent to the l landfill for appropriate businesses to locate. Action: DELETE POLICY The Solid Waste Disposal District Manager has informed planning staff that the land adjacent to the l landfill is currently designated to be used for a landfill expansion. SEPTEMBER 289 1999 -57- GOOK. Policy 16: The county, in coordination with the Indian River County Chamber of Commerce, shall establish a list of target industries and evaluate this list at least every two years in order to reflect the current economic needs of the county as well as the actual marketing results. The following is the current list of the county's target industries: ► SIC Code 0273 Animal Aquaculture ► SIC Code 20 Food and Kindred Products ► SIC Code 27 Printing and Publishing ► SIC Code 34 Fabricated Metal Products ► SIC Code 35 Industrial and Commercial Machinery and Computer Equipment ► SIC Code 37 Transportation Equipment ► SIC Code 47 Transportation Services ► SIC Code 48 Communications ► SIC Code 737 Computer Programming, Data Processing, and other Computer Related Services ► SIC Code 80 Health Services Proposed Action: REVISE POLICY The county, in coordination with the Indian River County Chamber of Commerce, shall establish a list of target industries and evaluate this list at least every two years in order to reflect the current economic needs of the county as well as the actual marketing results. The following is the current list of the county's target industries: ► SIC Code 0273 Animal Aquaculture ► SIC Code 20 Food and Kindred Products ► SIC Code 27 Printing and Publishing ► SIC Code 34 Fabricated Metal Products ► SIC Code 35 Industrial and Commercial Machinery and Computer Equipment ► SIC Code 37 Transportation Equipment ► SIC Code 47 Transportation Services ► SIC Code 48 Communications ► SIC Code 737 Computer Programming, Data Processing, and other Computer Related Services ► SIC Code 80 Health Services ► Other clean light industries that have average annual wages which are above the county -wide average annual wase Policy. ?-7: The county, through the Indian River County Chamber of Commerce and its Economic Development Division, shall focus its recruitment activities on businesses which are within target industries, SIC codes 20 through 39, and which provide year round employment opportunities. Proposed Action: DELETE POLICY Actions for Policy 2.7 are already covered by Policy 1.3 and SEPTEMBER 28, 1999 -58- • Policy 3.4: The county shall provide support to the Indian River County Chamber of Commerce and its Economic Development Division for undertaking a survey of local industries to determine what type of training and assistance is needed The survey will be conducted on an annual basis, and the results will be reported to the Economic Development Council. Action: DELETE POLICY ✓ has been combined with policy 1.5. Policy 3.5: The county, through the Indian River County Chamber of Commerce, shall i existing and potential employers of available employment training opportunities through River Community College and/or the Jobs and Education Partnership program. ied Action: DELETE POLICY 1.8 performs this action. Pei 4.1: The county, through its Comprehensive Plan and Land Development Regulations, shall maintain and/or improve the quality of life by providing protection of environmental, cultural, and aesthetic features of the county. Proposed Action: REVISE POLICY The county, through its Comprehensive Plan and Land Development Regulations, shall and/or improve its characteristics which attract businesses to Indian River County by 1 rotection for its environmental, cultural, and aesthetic features. The county shall on a regular basis re-evaluate the size and location of its l ndustrial nodes. Proposed Action: DELETE POLICE' This policy has been combined with policy 1.10. Policy 4.10: The county shall continue to offer water. sewer, and traffic impact fee financing programs which allow the spreading of impact fee payments over several years. Currently, traffic impact fee financing is available only to industries listed under SIC codes 20 through 39 and to county targeted industries. ed Action: DELETE POLICY is included in policy 1.3. L2: The Indian River County Chamber of Commerce, through its programs, shall deve on on businesses that are locating to the county. The information will be presented to Economic Development Council on an annual basis. This information shall be used activities. :DELETE SEPTEMBER 28, 1999 -59- • J rc� , Policy'4.13: The county, through the Indian River County Chamber of Commerce, shall 1 assistance to relocating companies during the relocation process and afterwards as needed. cased Action: REVISE POLICY Indian River County Chamber of Commerce shall provide assistance to relocating companies fig the relocation process and afterwards as needed and report any actions taken to the Economic elopment Council at their regular meeting. icy 4.15: The Indian River County Chamber of Commerce and its Economic Development inion shall designate the Director of Economic Development as a local contact to coordinate with finesses during the relocation process. Action: DELETE POLICY included in policy 4.13. Policy 5.2: The county shall disseminate any new information to those groups that are most responsible for implementing various economic development projects. Proposed Action: DELETE POLICY Policy 5 4: The county shall ensure an efficient permitting process among all government departments and agencies to facilitate a smooth transition for industries relocating to Indian River County. Proposed Action: REVISE POLICY The county, through pre -application meetings and Technical Review Committee meetings, shall review procedures, identify needed permits, and provide information and feedback to applicants to expedite the permitting process. The county shall also assist applicants by providing information on non -county required permits or reviews and provide contact information. Policy 5-5: On a regular basis, the Indian River County Metropolitan Planning Organization (MPO) shall request updated information from the Florida Department of Transportation on the extension of Amtrak and high speed rail services. Proposed Action: DELETE POLICY Policy 6_1: The county, through the Tourist Development Council, shall continue to market the county internationally in an effort to increase market share. Proposed Action: DELETE POLICY ,Policy 6.1 will be combined with policy 6.3. Policy 6.2: By 1998, the county, in cooperation with the Tourist Development Council, continue to market eco -tourism and cultural tourism in relation to the county's environs amenities and cultural offerings. Proposed Action: REVISE POLICY The Tourism Division of the Indian River County Chamber of Commerce shall continue to market eco -tourism and cultural tourism in relation to the county's environmental amenities and cultural offerings. The Tourism Division shall publish advertisements which market the county's environmental amenities and cultural offerings. A representative of the Chamber of Commerce shall present those advertisements and any results to the Tourist Development Council. SEPTEMBER 28, 1999 M 0 1 0 Policy 6.3: By 1998, the county, through the Indian River County Chamber of Commerce and i Tourism Division, in cooperation with local resorts and motels, shall market the county as vacation recreation area. The Chamber of Commerce shall report to the Tourist Developme Council regularly on its marketing activities. Action: REVISE POLICY Tourism Division of the Indian River County Chamber of Commerce, in cooperation with local its and hotels, shall market the county as a vacation/recreation area. '.Marketing activities shall ude advertising, attending travel shows, and maintaining contact with various travel nitations at a national level and an international level. A representative of the Chamber o nnerce shall report to the Tourist Development Council on their marketing actions. A: By 1998, the county, through the Indian River County Chamber of Commerce and its is Development Division and Tourism Division, shall publish advertisements cross -selling and economic development. The Chamber of Commerce shall present the published unents to the Economic Development Council and the Tourist Development Council. Proposed Action: REVISE POLICY The Economic Development Division and Tourism Division of the Indian River County Chamber of Commerce shall publish advertisements cross -selling tourism and economic development. A representative of the Chamber of Commerce shall present those advertisements to the Economic Development Council and the Tourist Development Council. Policy 6.5: By 1998, the county shall apply to the Florida Department of Transportation for a Highway Beautification Grant for funding to provide beautification at the two major interstate interchanges within the county as well as along SR 60 and US #1. Proposed Action: REVISE POLICY By 2000, the county shall have a highway beautification plan in place for the two major interchanges within the county as well as along SR 60 and US #1. Policy 6.7: The county shall continue to use local option tourist tax revenue to fund projects such as the prefabricated erosion prevention (PEP) reef which preserve Indian River County beaches. Proposed Action: REVISE POLICY The county shall fund projects that preserve Indian River County beaches. Pe i y 7.1: The county shall implement economic development plans that reflect community goals and preserve the present quality• of life. Proposed Action: DELETE POLICY Policy 7.2: By :March of every year, the Indian River County Chamber of Commerce and its Economic Development Division, in cooperation with the Indian River County Community Development Department, shall develop a specific plan to market the county's economic development potential. Through research, the county shall identify the most effective and cost efficient w•ay to inform potential employers of the county. SEPTEMBER 28, 1999 -61- EC�GK F, • Proposed Action: REVISE POLICY AND MOVE POLICY TO OBJECTIVE 2 Policy 2.5- By March of every year, the Economic Development Division of the Indian River County Chamber of Commerce shall develop a marketing plan that specifies actions that will be taken during that year to market the county's economic development potential. The marketing plan shall provide detailed budget information pertaining to any fiords that the Chamber of Commerce is requesting from the Board of County Commissioners for the upcoming fiscal year. Before the marketing plan and request for fimds is submitted to the Board, the plan shall be presented to and approved by the Economic Development Council. Policy 7-3: The county shall coordinate its marketing plan with the Indian River County Chamber of Commerce's long-range marketing plan. The plan shall be evaluated on an annual basis by both the Planning Staff and the Indian River County Chamber of Commerce. The Indian River County Chamber of Commerce will be responsible for contacting on a continuing basis those businesses considering relocation to the county. Proposed Action: DELETE POLICY Since the Indian River County Chamber of Commerce is responsible for preparing a marketing as well as implementing that plan, the county does not need to maintain its own marketing pl lPoliu 7.4: The Economic Development Division of the Indian River County Chamber o Commerce shall be responsible for tracking businesses that contact the county for relocation information and shall provide a quarterly report of the marketing results to the Economic Development Council. Proposed Action: DELETE POLICY Policy 1.7 performs this action. Policy 72: The county, through the Indian River County Chamber of Commerce, shall coordinate with the commuter airline (if one is recruited) and the City of Vero Beach Airport on marketing economic development and tourism through the commuter air service. Proposed Action: RENZSE POLICY The Indian River County Chamber of Commerce shall promote services provided by the Vero Beach :Municipal Airport, the Sebastian Municipal Airport, and the Melbourne International Airport in their economic development and tourism marketing efforts. Policy 7.9: On an annual basis, the county shall request in writing that the Realtors Association o Indian River County provide information pertaining to residential, commercial and industrial property sales data to determine current real estate trends. Proposed Action: DELETE POLICY Policy 7.9 is an unnecessary action. Policy 7.11: The Indian River County Chamber of Commerce and its Economic Development Division shall continue its efforts to maintain and increase the level of public and private fimding support for economic development. Proposed Action: DELETE POLICY The Indian River County Chamber of Commerce requested that this policy be deleted from the Economic Development Element. _ SEPTEMBER 28, 1999 -62- J 0 • Policies 1.34 and 1.35 Based on DCA's ORC report and subsequent coordination with DCA sta$ county staff made minor revisions to polices 1.34 and 1.35 to reduce the confusion as to the intent of those polices and to add clarity to those policies. These revisions were not presented at the transmittal public hearing. Policies 1.34 and 1.35 are being revised to rename the `nixed use" land use designation to the `new town" land use. designation. Although this floating land use designation does require a mixture of land uses, the `mixed use" label does not accurately describe the type of projects that are consistent with policies 134 and 1.35. While the term'mixed use" may describe a shopping center with office uses or a residential area with accessory commercial uses, policies 1.34 and 1.35 are intended to produce self-sufficient communities within which residents may be able to work, shop, and live. In its comments for a previous comprehensive plan amendment (DCA Reference No. 98-IER), Treasure Coast Regional Planning Council staff commented that the term "mixed use' is unnecessarily vague and non -descriptive for what radian River County anticipates through policies 1.34 and 1.35. Changing "mixed use" to "new town" will eliminate the vagueness of this floating land use designation and more accurately describe the type of development consistent with policies 1.34 and 1.35. This change will require staff to replace the term "mixed use designation" with "new town designation' throughout the comprehensive plan. For the adopted portion of the comprehensive plan, only policies 1.34 and 1.35. are affected by the change from "mixed use" to "new town." Revisions to those polices are shown below. Revisions to the data and analysis section of the comprehensive plan to reflect this name change will be done administratively. Proposed Action: REVISE POLICY Policy The knew town land use designation shall be a floating zone which may be overlaid on any property with an agricultural land use designation (AG -1, AG -2, and AG -3). Each mined "as new designation shall be approved as a Planned Development (PD) and shall meet the requirements of Policy 1.35. No mix"l-amnew designation shall be approved except as an amendment to the Future Land Use Map of the Comprehensive Plan. Such amendments shall identify the location of the district on the future land use map and shall update the plan's data and analysis section to reflect the population impacts of the district. Compliance with all iced —two new town designation requirements shall indicate that a proposed mioted-es@ new town district amendment is consistent with the comprehensive plan and warrants approval. no wg*ed-aw new t49a pct shall be established unless it meets the following minimum size requirements: BOUNDARY TO BOUNDARY DISTANCE MINMUM FROM URBAN SERVICE AREA SIZE • one mile or less 1200 acres • more than one mile but less than six miles 2400 acres • more than six miles 3600 acres nomilied.use new town district shall be established unless it is located on or has access to an arterial road SEPTEMBER 289 1999 -63- I E,00K �+ no mkadm new toad district shall be designated within 6 miles of an existing ak4d-we new town district d. no minedagenew town district shall be approved unless it is consistent with Concurrency Management System e. no et+x" nye new town district shall be approved without a finding that the district, approved, will have no adverse impact on natural resources no mixed use new town district shall be approved unless the project application is support by sufficient data and analysis to justify the need for the project. The need justification c be met by data and analysis which shows that the project's projected population together wi the projected population of any other approved mined two new town projects will r increase the county's residential allocation factor for the time horizon of the comprehensi In addition to the changes described above, policy 1.35's reference to FLUE policy 18.1 is being revised to clarify which portions of 18.1 should apply to new town designated projects. Sub -sections of FLUE policy 18.1 that will be applied to new town designated projects include Street Networks, Centers, and Public Buildings. Proposed Action: REVISE POLICY Po ick 1=35: The mined use new town land use designation shall be established through the Planned Development (PD) process. For any land to receive the new town land uredesigna_tion, a PD project must be approved which clusters residential and non-residential ruses in a manner which protects agricultural and open space arras, protects natural resources, creates a self-sufficient community, minimizes off-site traffic, and does not increase urban sprawl. All Asa new town projects shall be approved as Florida Quality Developments pursuar Chapter 380, F.S., and such designation shall require submittal and approval of a PD project ha- the athe following characteristics: The project shall have the following mixture of land uses: 1. Residential areas; these are areas that provide for single-family low density, family medium density, and/or multiple -family medium density rem development. 2. Shopping areas; these are areas that provide for the sale of goods and se► accommodate the residents of the project. Allowed uses are retail comme "-personal services. 3. Work areas; these are area that provide work opportunities for the residt project. Allowed uses are office uses and light industrial uses. 4. Public facilities and institutional uses; these are area which provide facilities, cultural facilities, and religious facilities as needed by the resi SEPTEMBER 28, 1999 -64- 5. Recreational uses; these are area which provide for active and passive recreational facilities as needed by the residents of the project. Natural open spaces and agricultural areas; these are areas which will be preserved) due to their environmental importance or will be used for active agricultural production. All residential and commercial/office uses shall be clustered. C. The gross residential density of the project may exceed the underlying agricultural maximum densities; however, the project density shall not exceed one unit/am of gross project area. d. Uses within a atimed too new town PD shall be identified in the mioied ww new town project application. The land use mix shall be supported by data and analysis submitted by the applicant which shows that the proposed project will capture one hundred (100) percent o neighborhood, convenience, and community shopping trips and a minimum of fifty (50) percent of employment trips. The following standards serve as a minimum criteria for iseplejeet ft land use distribution of a new town Commercial, personal services, office and light industrial use arras shall constitute at least five (5%) percent but not more than ten (10) percent of the entire PD area The floor area ratio of arras designated as shopping and working area should be at least 0.10. 2. Public facilities, including but not limited to water plants, sewer plants, schools, fire stations, and police stations, and public institutional use areas, should not exceed five (5) percent of the entire PD area 3. Residential use areas shall constitute at least fifteen (15) percent but not more than thirty-five (35) percent of the entire PD area The following additional standards shall be met by any mood two new town district project application. 1. At least thirteen (13) percent of the total housing units shall be affordable housing units. A housing unit shall be considered affordable if it has a market value less than two (2) times 80% of the county's annual household medium income, or it has a monthly rani less than one -twelfth (1/12) times 30% of 80% of the county's annual household medium income. The applicant shall provide sufficient data and analysis to justify the number and percentage of affordable housing units needed by his proposed project. This amount of affordable housing shall then be provided within the project;_ however, the total amount of affordable housing shall in no case be less than thirteen (13) percent of the total number of housing units in the project. 3. At least fifty (50) percent of the entire PD area shall be preserved as open space. Open space areas shall be retained as natural areas, used for agricultural purposes or used for recreational purposes. Recreational uses shall be limited to less than twenty-five (25) percent of the designated open space, but shall not exceed twelve (12) percent of the entire PD area SEPTEMBER 289 1999 -65- EOOK 4. To ensure that all phases of the project develop as a viable t -use new town development with a mixture of residential, shopping, working, recreational, and open space areas, various uses for each phase of the project shall be approved and developed in a proportional manner. Commercial and personal service uses, office and light industrial uses and residential uses shall generally constitute the same percentage of area for each phase as they constitute in the project as a whole. No more than twenty-five (25) percent of the proposed residential use development will be permitted until at least twenty-five (25) percent of the proposed commercial and personal service uses and office and light industrial uses occur. Each mi�Eed tse new town project shall be buffered from adjacent land uses. At minimum the following buffer requirement shall be met: A setback of at least eighty (80) feet with a type "B" buffer and a six foot opaque feature as set forth in Chapter 926, Landscaping and Buffering of the County Land Development Regulations, shall be provided along all project boundaries. ii. No commercial, personal services, office, or light industrial development shall be permitted closer than two hundred (200) feet from any arterial or collector roadway. The project shall be -•meet the Traditional Neighborhood Design Qffiffluffity ganda&4ho of Future lend Use Element Policy 18.1_ for Street Netwc c_ Policy 6.1 Policy 6.1 is being revised to include traditional neighborhood design (TND) projects that are partially outside of the urban service area and mixed use (new town) districts as exceptions to the prohibition of providing infrastructure outside of the urban service area Both TND projects and mixed use (new town) districts are similar to agricultural planned developments because each of the project types tend to cluster buildings, thereby creating a land use pattern which provides an efficient use of land. As a result of the clustering of buildings, TND projects and mixed use (new town) districts provide an adequate transitional landscape between the urban service area and the agriculturally designated area. For those reasons, TND projects and mixed use (new town) districts have been added to policy 6.1. Proposed action: REVISE POLICY Policy 6.1: Indian River County shall not provide public services or facilities which would induce or encourage the development of agriculturally designated lands except in the following instances: • To provide for the health and safetyrea&w#eWem of existing residents; • Lots or portions of lots which front on a public roadway that serves as an urban service boundary, as long as the provision of utility service is consistent with Potable Water Sub - Element Policy SA 5.2 and SaniL= Sewer Suh-Flement Policy 5-9;L& • Agricultural Planned Developments; 18.2_ and 193 of the Future Land Use Element: and • New Town Districts that meet the renuirements of nnlim SEPTEMBER 28, 1999 0 Policy 14.3 Staff has revised the third criterion of policy 14.3 to clarify that any portion of the comprehensive plan, not just the future land use map, may be amended based on a substantial change in circumstances. This criterion finther states that, for future land use map amendments, the substantial change in circumstances must affect the subject property. posed Action: REVISE POLICY Gy 143: Indian River County shall approve plan amendments only upon a showing that one following criteria has been met: • The proposed amendment will correct an oversight in the approved plan. • The proposed amendment will correct a mistake in the approved plan. • pW p&we �6md Ww Map anwad The proposed amendment is warranted based on a substantial change in circumstances . For Future Land Use Man amPnimiM the change in circ instances must affect the snhiect 9=efw- • For Future Land Use Map amendments, the proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map Policy 7.3 Policy 7.3 is being raised by deleting the word "type"and the phrase "and preclude use of those areas." By deleting that word and phrase, the policy becomes more definitive in describing who shall be allowed to use park areas provided that all of the conditions are met. Proposed Action: REVISE POLICY POLICY 7.3: The county shall allow private leisure and recreation 4�group9n+preeiwk toe of these ama& s to use park areas for recreation programs and activities provided that the following renditions are met: ► The area of the park to be used must not currently be in use by the general public designated for future use on the park master plan; ► A lease specifying duration of use, characteristics of use, insurance requirements, other applicable conditions must be executed by the Board of Coi Commissioners; ► A site plan or temporary use permit must be approved by the planning department; Any improvements made to the leased site must be done and paid for by the lessee with the improvements reverting to the county when the lease expires. This section addresses and responds to the four objections and two comments contained in DCA's ORC Report. SEPTEMBER 289 1999 YF�UC �. -67- F, NOK Objections 1, 2, 3, and 4 All four of DCA's ORC Report objections are related, and therefore will be addressed together. Specifically, objections 1, 2, 3, and 4 all relate to the fact that Future Land Use (FLUE) Policy 6.1 is being amended to include traditional neighborhood design (TND) and mixed use designated developments as exceptions to the prohibition of providing infrastructure outside of the urban service area. In its review, DCA misunderstood why the county proposed changes to FLUE Policy 6.1. DCA understood the changes to FLUE policy 6.1 as new justifications that would allow central services to be extended outside of the urban service area; however, other FLUE policies currently permit mixed use (new town) districts and TND projects to be located outside of the urban service area. FLUE policy 134 describes the mixed use (new town) land use designation as a floating zone which may be established only on the agricultural land use designations (A-1, A-2, and A-3). FLUE policy 18.3 allows for a portion of TND projects to be located outside the urban service area. Therefore. the revisions to policy 6.1 are not creating new justifications for expansion of central services outside of the urban service area, as understood by DCA, but rather are reinforcing existing justifications for expansion of central services outside of the urban service area. To address DCA's concerns, county staff coordinated with DCA staff, explained the reasons for the proposed changes, and made several minor amendments to revised FLUE Policy 6.1. Those changes involve referencing FLUE Policies 18.2 and 18.3, which address TND projects, and referencing FLUE Policies 1.34 and 1.35, which address mixed use (new town) district projects. With those minor revisions, DCA staff is satisfied that the revised FLUE policy 6.1 is only reinforcing existing justifications for expansion of central services outside of the urban service area In addition, renaming the mixed use designation to new town designation will clarify the intent ofFLUE policies 1.34 and 1.35. Comment 1 When this text amendment was initiated in January 1999, county staff was using the most current available version of Rule 9J-5, FA.C., which was dated July 1998. Since the text amendment was initiated, a new version of Rule 9J-5, F.A.C. has been published. In the new version, Rule 9J- 5.003(19) F.A.C. was re -numbered to (17). Therefore, the proposed amendment to CME Policy 5.1 has been revised to reflect the correct citation to the definition of coastal high hazard areas. Comment 2 Since nineteen polices are being deleted from the EDE and other polices are being reassigned within the EDE, county staff had planned on assigning a new policy number to Policy 72 as well as other polices of the EDE at the appropriate stage of the comprehensive plan amendment process, which is at the time of final adoption. EDE Policy 7.2 has been moved to EDE Policy 2-5. Comprehensive plan amendment requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(1) of the county code, the "comprehensive plan may be amended only in such a way as to preserve the internal_ consistency of the plan pursuant to section 163.3177(2).F.S." The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some -have more applicability than others in reviewing plan amendment requests. Of particular applicability for this amendment request. is the following policy: SEPTEMBER 28, 1999 -68- Future Land Use Policy 14.3 The most important policy to consider in evaluating a plan amendment request for consistency with the county's comprehensive plan is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are: • a mistake in the approved plan; • an oversight in the approved plan; • a substantial change in circumstances affecting the subject property; or • a swap or a reconfiguration of land uses at separate sites. The following table shows how this comprehensive plan amendment relates to Future Land Use Element Policy 14.3. Objective/Policy Correct a mistake Correct an oversight Change in circumstances Swap of land uses Coastal Management Policy 5.1 X Economic Development Policies X X Future Land Use Policy 1.34 X Future Land Use Policy 1.35 X Future Land Use Policy 6.1 X Future Land Use Policy 14.3 X Recreation and Open Space Policy 7.3 X Coastal Management Element Based upon its analysis, staff feels that the proposed change to policy 5.1 of the Coastal Management Element meets the first criterion of policy 14.3 of the Future Land Use Element. As revised, policy 5.1 contains the correct FAC citation. Economic Development Element Based upon its analysis, staff feels that the proposed changes to the Economic Development Element meet two of the criteria of Future Land Use Element policy 14.3. Many of the Economic Development Element's policies that are being deleted are policies that duplicate actions of other policies. Other policies that are being deleted are policies which did not have a defined action. That constitutes a mistake in the comprehensive plan. Therefore, the proposed changes meet the first criterion of Policy 14.3. There has also been a change of circumstances that supports die -proposed revisions to the Economic Development Element. That change relates to the Economic Development Division's experience in marketing the county's economic development potential. Because of that experience, the Economic Development Division has identified more efficient and cost effective marketing activities. The Economic Development Element policies will enable the Economic Development Division to use more effective marketing activities. Because an effective marketing campaign changes as marketing trends change, the Economic Development Element will be more general in nature, requiring the Economic Development Division to prepare an annual marketing plan. Policy 7.2 requires the Economic Development Division to complete a marketing plan each year and have that plan approved by the EDC. SEPTEMBER 28, 1999 —69— M0 4 � P,isc. L 2` " U6Jkir5 tµ� oK Future Land Use Element Based upon its analysis, staff feels that the proposed changes to policies 1.34, 135, and 6.1 meet the second criterion of policy 14.3 and that the proposed change to policy 14.3 meets the first criterion of policy 14.3. Labeling the floating land use designation described in policies 1.34 and 1.35 as a "mixed use" designation was an oversight. In the planning and development field, mixed use developments can refer to one individual property or to an entire community. Policies 1.34 and 1.35 are intended to create a self-sufficient mixed use community or new town. Therefore, the revised label, "new town,„ will better clarify the type of development that Indian River County anticipates by implementing policies 1.34 and 1.35. Policy 1.35's reference to FLUE policy 18.1 is being revised to clarify an oversight in the approved plan. Certain subsections of policy 18.1 are already addressed in policies 1.34 and 1.35. Targeting particular subsections of policy 18.1 in the revised policy 1.35 will eliminate any conflicts between the requirements for mixed use developments and the requirements for traditional neighborhood design projects. As indicated in the previous section, the concepts of traditional neighborhood design (TND) projects and mixed use districts are similar to the concept of agricultural PDs. The revisions to policy 6.1 correct the oversight of not including the two former development concepts in policy 6.1. By revising the third criterion of policy 14.3, a mistake in the text will be convected A substantial change in circumstances warrants a change in any portion of the comprehensive plan that is affected by that change in circumstances. As originally stated, the third criterion may be construed as to be available only for future land use map amendment proposals, which was not the intended notion of that third criterion. Recreation and Open Space Element Based upon its analysis, staff feels that the proposed revision to policy 7.3 of the Recreation and Open Space Element meets the second criterion of policy 14.3 of the Future Land Use Element Deleting the word "type" and the phrase "and preclude the use of those areas" from policy 7.3 corrects an oversight in the text of that policy and better clarifies the action of that policy. While the referenced policies are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the amendment requests for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the requests are consistent with the comprehensive plan. It is staff s position that this proposed amendment to the county's comprehensive plan will enhance the plan. Also, it has been demonstrated that this amendment maintains the plan's internal consistency. Finally, the analysis section addresses DCA's ORC Report objections and comments. For those reasons, staff feels that the proposed amendment should be adopted. Based on the analysis conducted, staff recommends that the Board of County Commissioners approve this proposed amendment to the comprehensive plan by adopting the attached ordinance. SEPTEMBER 28, 1999 -70- Community Development Director Bob Keating gave a brief overview of the changes proposed. Commissioner Stanbridge expressed her desire to postpone any decisions until after the upcoming October 14' workshop. Commissioner Ginn also preferred to address these changes subsequent to the workshop. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman continued the public hearing to October 26, 1999. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously tabled the matter until the regular meeting of October 26, 1999. 9.A.5. PUBLIC HEARING - ORDINANCE 99-026 AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS a RS): CHAPTER 911, ZONING: CHAPTER 901, DEFENITIONS: CHAPTER 932, COASTAL MANAGEMENT - (WABASSO CORRIDOR PLAN) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of September 22, 1999: SEPTEMBER 28, 1999 -71- EGA r,FynL qsu J I TO: James E. Chandler County Administrator DIVfSSON HEAD_ CONCURRENCE: .�:,. Robert M. Keating, AICP Community Development Dictor 7 FROM: Stan Boling, AICP Planning Director DATE: September 22, 1999 SUBJECT: Adoption of Land Development Regulation (LDR) Amendments for Wabasso Corridor Plan Development Requirements and Private Observation/Fishing Pier Regulations It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 28, 1999. At its regular meeting of September 7, 1999, the Board of County Commissioners set a final public hearing date of September 28, 1999 for adoption of the referenced LDR amendments. In its memo to the Board for the September r meeting, staff reported that each amendment had been considered at separate public workshops that were attended by interested parties. In regard to the Wabasso Corridor Plan development requirements, it was the general consensus at the recent public workshop that the Board approve the amendment as originally proposed to the Board last spring. The public workshop held-dn the private observation/fishing piers amendment resulted in a consensus to add criteria to the proposed amendment. The Board is now to take final action on the proposed LDR amendments and adopt, adopt with modifications, or deny the proposed LDR amendments ordinance. Procedurally, the proposed amendments have followed the standard LDR amendment process and have been reviewed by the Professional Services Advisory Committee (PSAC), the Planning and Zoning Commission (PZC), and the Board of County Commissioners (BCC). As previously reported, the Wabasso Corridor Plan development requirements amendment generally applies certain elements of the SR 60 Corridor Plan to "tighten -up" the existing Wabasso Corridor Plan requirements and to address certain perceived problems with the existing Wabasso regulations, such as outdoor lighting standards. It should be noted that the proposed amendment provides uniform regulations throughout the entire Wabasso Corridor Plan area (see map in attachment #2). Therefore, consistent with the majority of those attending the last Wabasso Corridor Plan Task Force meeting, at this time no additional special standards are proposed for the area of the corridor that lies east of US #1. SEPTEMBER 28, 1999 -72- The Wabasso Corridor Plan requirements amendment contained in the attached ordinance is the same amendment presented to the Board at two hearings last spring. Because the amended regulations will differ from development requirements contained in the existing Wabasso Corridor Plan, the Board needs to authorize staff to update the corridor plan document in accordance with any LDR changes. In relation to the private observation/fishing piers amendment, the proposed ordinance contains additional criteria that were not contained in the proposal reviewed by the Board last spring. These criteria are proposed as an amendment to LDR Chapter 932, Coastal Management, and are intended to distinguish private observation/fishing piers from boat docks and to allow private observation/fishing piers in the unincorporated county, but only under certain conditions. The proposed criteria are summarized as follows: • limit private observation /fishing piers to a water depth of two feet mean high water (MIM or less • require appropriate signage on all private observation/fishing piers stating prohibition of boat mooring • limit maximum length/projection of private observation/fishing piers to 35 feet beyond water's edge (MIM line) or 25% of the waterway's width, whichever is less • require railings with pickets or similar bars along the water -ward sections of the access walkway and terminal platform (as a deterrent to boat dockages) • require the deck to be at least five feet above MHW • prohibit private observation/fishing piers in the Pelican Island National Wildlife Refuge (due to overriding public interest) In staffs opinion, the proposed LDR amendments now satisfy concems expressed by the Board at its public hearings last spring. The amendments are now ready for adoption. , Staff recommends that the Board of County Commissioners: 1. Adopt the attached ordinance that amends the Wabasso Corridor Plan development requirements and private observation/fishing pier regulations, and 2. Authorize staff to revise the Wabasso Corridor Plan document in accordance with the adopted LDR amendments. SEPTEMBER 28,1999 -73- GOOK Planning Director Stan Boling noted that workshops had been held on the Wabasso Corridor Plan and Private Observation/Fishing Pier Regulations which were fairly well attended. It has been determined that several items regarding outdoor lighting also need to be added to the SR -60 Corridor Plan. Commissioner Grin suggested breaking out a portion of the Wabasso Corridor Plan east from US#1 to the ocean, a particularly unique area. Discussion ensued regarding signage, colors, grandfathering ofnonconforming signs, exemptions regarding historical restorations, and breaking out an area for possibly more restrictive prohibitions. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Ruth Meyers, 1981 West Sandpebble Road, a member of the Task Force Corridor Plan, encouraged the Board to adopt the guidelines. Bill Glynn, 1802 Barefoot Place East, President of North Beach Civic Association, strongly supported the work that has been done and complimented staff on an outstanding job. He agreed that the area from US#1 east to the ocean was unique and that the rules should be strengthened for that area. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. Commissioner Tippin expressed his concerns about impingement on private property rights and government stepping beyond the boundaries but stated he would support the regulations. SEPTEMBER 28, 1999 -74- MOTION WAS MADE by Commissioner Adams,: SECONDED by Commissioner Ginn, that the Board adopt the ordinance with the suggested changes, an exception for historical restorations, and an opportunity to provide additional comments on the area from US#least to the ocean. General discussion ensued regarding the changes to be made. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board unanimously agreed to reopen the discussion period. Discussion then ensued regarding piers and docks. In response to concerns expressed, Code Enforcement Chief Roland DeBlois noted that a pier is not designed to allow for docking of boats and that the definition in the Land Development Regulations would cover all watercraft. Commissioner Adams withdrew her motion and suggested a change in the terminal platform definition on Page 37 to read that it "shall not exceed 160 square feet and not be used with boat -related activities". Commissioner Stanbridge withdrew her second and agreed that would address her concerns, and Mr. DeBlois commented that they would also try to clean up the section to allow for a shelter or shaded roof area while being clear that the space be limited to 160 square feet. SEPTEMBER 289 1999 -75- �OC''�.°Grp- ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized staff to revise the Wabasso Corridor Plan document in accordance With the adopted LDR amendments and adopted Ordinance 99-026 amending the following Chapters ofthe Land Development Regulations (LDRs); Chapter 911, Zoning; Chapter 901, Definitions; Chapter 932, Coastal Management (amending the Wabasso Corridor Plan development requirements and private observation/fishing pier regulations), as amended. ORDINANCE NO. 99- 2 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; CHAPTER 901, DEFINITIONS; CHAPTER 932, COASTAL MANAGEMENT; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. 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. Wabasso Corridor Plan Development Regulations Section 911.18 of the LDR is hereby amended as follows: (1) Purpose and intent. The overall purpose and intent of these regulations is to: (a) Preserve and enhance the appearance of the Wabasso Corridor, (b) Recognize and enhance the character of the Wabasso community; (c) Increase property values in the Wabasso Corridor; (d) Prevent the establishment of incompatible land uses and unattractive developments in the corridor; (e) Make the Wabasso Corridor area consistent with the following vision statement: SEPTEMBER 28, 1999 -76- Wabasso will retain the feeling of an uncluttered, well maintained -small town. Through attractive landscaping and special development design considerations, Wabasso will preserve and enhance the natural beauty and scenic vistas that give Wabasso its special character. Additionally, this area will be characterized by safe uncongested roads, and by a mix of uses including large and small businesses and a variety of residential options. (2) Boundaries of the Wabasso Corridor. The boundaries of the Wabasso Corridor are as shown on the county's official zoning atlas. Generally, the boundaries run along US 1 from $4st meet 7r S all sides of the 77"' Street/US 1 interseclignl to 95th Street and along CR 510 from 66th Avenue (all sides of the 66" Avenue / CR 510 intersection) to the Atlantic Ocean. (3) Specific development regulations within the Wabasso Corridor. In the Wabasso Corridor, the following special regulations shall apply to new non-residential and mixed use (gombination of residentiWsommerdW) development that requires major site plan approval. (a) Prohibited uses: The following land uses shall be prohibited: 1. Outdoor display of automobiles/motorized vehicles for sale or rental; 2. Outdoor display ar Qf mobile homes for sale or rental; 3. Outdoor display of boats for sale or rental; 4. Drive-in theaters; 5. Recycling centers; 6. Transmission towers; 7. Flea markets; 8. Transient merchant uses; and 9. Temporary sales events that require temporary use permits and are conducted outside of enclosed buildings. Specifically, there shall be no outside display of merchandise on public sidewalks (within public rights-of-way or easements) or rights-of-way. Outside display of merchandise shall be allowed on private property; provided, however, that outside display of merchandise is allowed only on sidewalks abutting buildings occupied by the business displaying the merchandise. All other uses shall comply with applicable zoning district regulations. (b) Restricted uses: Within the plan area, vehicle bays or stalls such as those associated with vehicle repair and car wash uses are allowed IF such bays or stalls are oriented and screened from view of US 1 and CR 510 by provision of a Tyne "B" buffer with four foot opaque feature. SEPTEMBER 289 1999 -77- Fr - tour, C I�G5 FmesftmWtg be Hmited shO be the time sereened imm6eaping fi�m an fflim to a maximilmi ground momwd of eertffiente R"m view shtd! eever the right-of-� :Y�Vry Wid2in the Fim mvm fi eesWnft, an site sigm A beight oft= (I e) feet abm the Fmicing lot grade w2d (menumew style) or nmy be Mported by a pole(s) if-, at of eemponey (G.G.) isftmnee, sueh mpports are eamplet* by benning an&fer landseaping. Said buming wt&m the entire area mmlerneath the sigm A em feat setbmk iine is required fbr freestmuft an sift sigm. Mse; (Q) freemnding shali behveen feet of LDR (See Ere an site be Hmited to an fiw (5) md for sites more than Ghapter 956 Figure F 1 eA sigm for nonresidential eanTlemes (sueh as shopping eenters) mm of mw htni&ed hventy (129) squme feet for si twenty (20) aeres in sin, and one hundred 9b" (160) sqtwe "mfly (-2e) in size. AH otha e-5 wrwywide sign regainfiew shaH apply. end ef Seetion 911.18) L Industdal and districts stomgg buildings located in the CH. IL. and IG zoninp- be from foundation landsoping shall mQuirements manpicd planting and =hhecumauilding Mquimments for building facades that do not abut residentially desig=d areas or front on public roads. Hoymyer. industdal buildings shall satisfy the color Com! uirements. 2, Eleadcal sabstations the and similar uses that =hibit access by the public be from architemmabhWIding if onto site the exmIged may c&=pjcd muirements. building(&) and egui=emt mdll be visua4 screened from aacent p=erties and road=s. 3, Historic Buildings and Resources: In accordance with Fin= Land Use Element Ojective 8 and LDR Chi= 933. historic buildings and resources identified Cgu=. Floride. in the "lEstoric EmpcWes SM= of Indian Riyff or identified by the Himfic Resources Advisory Committee, =cial Wabasso g=ial Corridor and locate4 within the Wabasso corridor are cx=Z from Conddor Plan requimments to the extent that =13dng Plan mquirements would: a. Conflict with the =ervation or restoration of a historic buildi or resource. o b, Tbmten historic or destroy the historical si&Wficance of an idmfified building or resowce. 0 1 =I- I79TT-17-m-m! r= �tf 1 0 �1,1 �,Iff 0=1 �,IJRIIKT-0-114 0=1 oil Qm SEPTEMBER 28, 1999 -78- 0 1 0 'I 0 , 0 SEPTEMBER 28, 1999 -79- 4g=val-for changg efsjo design requiredLAM werior change to Wabasso Corridor sign= which mms originally required -to co=ly with these =ecial of remdations shall require review md amrp-val by the communily be limited develoment to. dcpartment. Such changes footage). shaU include. but not (square fogtUoleigbL chanUs of-, sigm sb=. ama (square Mle. locatiom colors. sign cg= materials. or method of iflumination. Routine maintenance and =Iacement of materials -wAiich do not affect the aMmQygd design shall be exc= from this review and gomQ—vd, Changes to of n • originally mquired to cow,& mdth these =ial section sign of reeWations these regulations. are addressed in the "nonconforming signs" Prohibited sigm (this is in addition to sign ordbmce section 956.12 pmhibiWm): aohibited The following are pmhibited: Lights flicker. sigm or illuminations in intensity that Auh. move. rptate-scintfllate. blink, aum= this or y= to sign ordinance or color, section 956.11(2D) Public si= are exclugied from prohibition and are allowed, Electronic adjustable message altVia} boards ation dispLUL and messagg or centers. that electronic displ= words. numemls—and my or characters sign in automatically a =mm=ed manner, to sian Tnffic ordinance regndatoMmd section 956.11(2)(h) dire-cfional are signs excluded p=itted from pursuant this r" =hibition Portable and or trailer are allowed Mle changeable copy simis, d. Signs that changing mdth the =sents a of opfical illusion 2attem of Walble of moy-emmLb_x giving the illusion means of of motion a design IL Strings copy, of light bulbs used on non-residential stmctms for comm=ial the pm=ses. iMpIQ12riate other time of than the ym, traditional hglidU decorations L Signs that emit -audible e or ste=. soun 9L Plastic or Lylass-siUI- (including but not limited to: Amlic. Lexwi�. ex changeable cogiunction or Plexiglaej. - I from ibisnmhibition, coaare m� EUgh exemRI cut --out d Portion from or routered ilY this go vu-th-qne of =hibi metal a qim cabinets. and PVC WWch are on. NVhen used 121wfic are in used SEPTEMBER 28, 1999 -79- r- 0 touK IA G E C: IT4 rITOT. To -3 11 - - - - - - - - - - '717-ITNT.M. SUMT11 I Me, -lot, P1,111. t M- MOO MaWT- ap4iw= TINA LLL' or womIfTeam-go —=Mm -of-sj-4nS-WjTJ7WTeTv5IMT TTIO �Mvll . �.= rm� mrolor. rri—mg-Tv as-T-Imir-77 TM-FTIMT-7-M-711".77. MtijlAsl�j T41 Is INVA01"O SEPTEMBER 28, 1999 -80- 0 0 can�d). and signs b iving dumbl calad blnqtt-d densily pQlynmtane and PVC. rather d= tual WOGd Or MDO b. Inte ily il aminum cabi with tured fmish. and inset orp-u-shthr—ou k &Mlic letters, (Note that col)r MU be =lied to "first surface" on ash mgh acrylic lette f �l 94 Bac reverse pan channel letters (opagut, fwed) no I -QT stig-6at is rchitec= I Sigoag.-that ,latesto the building's gVle of architec= and- m Thematic sianage, Chan a u iind with tmnsfur,ent IeUtdng. Reduction in sign sizes Modificaflons to Table I (fi=standin2 sigo4 and Table t (wall jigna), Schedule of Rogulations for Pennanent Si= . , simLQrdin=L .& Freectandineii=L lMaximum cumzsic3iins agc• Reduce to pm-ea-2Lwah-al is allowed in Table -L m = tim si ave on a single face: ReducP to f! ft'V f 501 percent of what is allowed illTable 1. Ag=ent involving iv For dev sites of foa (49) acrrs or more. the (10) foot sign height =uirement w v cmu the corridor plan and jj]g.U?.tdjiga.@MLQthWv�d Rign o ce by ten (10) l -.al lowed under gm re. R=W or mom] OW=els on larger (10) foot beigbIlimitatiam=iEdAb sites shall co=Ly with "M the six (6) feet to SEPTEMBER 289 1999 0 t7 Tons i7iol (;#�f4ojw 1-�tsjjll Wo) 94 oT-IPT!A SEPTEMBER 289 1999 0 F- I (W Colors: m m =-. - NTMI ToWtM."M WTI -TIT -r- i =9- - a -7MM MUM -) ol �010jqllkwi a Lv Colors such as medium or dark bronze are w&cZable and encouraaed, Polished or weathered true bronze. brass. of- !,Leto m m =-. - NTMI ToWtM."M WTI -TIT -r- i =9- - a -7MM MUM -) ol �010jqllkwi a Lv Colors such as medium or dark bronze are w&cZable and encouraaed, Polished or weathered true bronze. brass. or cow. -,.r metal L1. t.-_. are w&cpjjjble and encouraged, Precious "wood meted colors are allowed on sand blasted or carved look" ale i-�1717n- 1577if =., rer.T. �-, I UT -7.9 MITMUTM m— all m-wn, TrufFITI-FRT" =61, SEPTEMBER 28, 1999 -82- 4 10, llfi 'I Design criteria and additional restrictions: IL Free-standing siZ igf: i All frees=diniz sians shall be of a wide -based monument Pole simis are discouraved. but may be RcmijUed when the wS=jjjasz landsMing shall certfficate sbujct=s or cover and of ogo=gy are co=letely berm features. Said scrm the entire area (C.O.) issuance. screened from view landsowng an beneath the sign and thereafter, with� at time SEPTEMBER 28, 1999 -82- 4 10, llfi 'I The maximum -vertical dimension of a facade or wall sign shall not exceed twenty-five (25)percentof the building height. Ammings with lettefing shall be considered wWl siens. Mwe lettering is used on an awning, the area of left-ering shall be included in the Mmentage limitation of a =jecfs sign area, Letterine. lomos. and ttim colors on cang= facia shall be considered a wall sion and shall be limited to glim-three CM p== of the facia area of = one elevation, Intemab illuminated sigm shall not be placed on a cano= structure, and no sign shall be placed above the facia on a as structure, ii Any freestanding signs constructed from flat panel material. such OW as high density pol=giane- MDO-sheel metaL ar-flw like. shall have a distance of no less than eight (8) inches from face to face. and shall be enclosed on alLsides to cover the intemal frame. b, Freeitanding changgable aQ %ere a freestanding changeable coa simi is allowed. no more 077MMMATIM. than eigbV (80) changeable coo Rment of the sign face area. ar-ea shall be cQmpjised of .Q. ffaw.&GA S' I &114-71MO dl*iON ttl-71-WaV�,) MW��W! t[Wl� The maximum -vertical dimension of a facade or wall sign shall not exceed twenty-five (25)percentof the building height. Ammings with lettefing shall be considered wWl siens. Mwe lettering is used on an awning, the area of left-ering shall be included in the Mmentage limitation of a =jecfs sign area, Letterine. lomos. and ttim colors on cang= facia shall be considered a wall sion and shall be limited to glim-three CM p== of the facia area of = one elevation, Intemab illuminated sigm shall not be placed on a cano= structure, and no sign shall be placed above the facia on a as structure, r 1.014 qw 'I I P. I - wim. w� 1pli��11,1111itl OW r 1.014 qw 'I I P. I - wim. w� SEPTEMBER 289 1999 -83- U 077MMMATIM. ONITIns M- I &114-71MO dl*iON ttl-71-WaV�,) MW��W! t[Wl� kilwli-T-AN'l -iwl-)rolwl VVit. w"!AlInkq Lei IWAV671 =6i If rery u7rtr-I MMMMUM =ow M, TAW 77-77MG =,, v a' SEPTEMBER 289 1999 -83- U TOOK L A. Nonconfonning signs are sj�ject to the following: g sign shall nat be changed from those Nonconformi architecno -onfoffniniz the the sign structures adgIlion of this Corddoz =cial on sites �_ stores,•1 drive thrpup-h abandoned y �}_for for twelve reuse. U 2) or more cons ve months sball not be enlargcd at the time of the or increased adg)plion of these Exco-t as otherwise provided herein. theTe may be ;achange o -_ =airs and maintenance t! , of a nonconforming made: sign. without cost tenangy nonconforming or more or omnemWp status. consecutive if the site months and is not if there abandoned is no ch for twe "y (12) jU Colors of a nonconfo UtQlgt= g sign shall nat be changed from those existing co=ly architecno at with the the time of the W-abasso adgIlion of this Corddoz =cial Code- mWess new colorrequirements, �_ stores,•1 drive thrpup-h colors iv A y= nonconforming from ' its lawfW sign size sball not be enlargcd at the time of the or increased adg)plion of these in M sMial reizuMons, U 1 Inical Yti. iii" including:structures and -maintenance - N •Ott -_ =airs and maintenance t! , be made: i •wycym the cost of such r t s andLor maintmm= made during s_!- • of • r•, shall the 'n• not of the . } 1 12=ent • ,ar,. of the =laccement coY C. Reconstruction hy fire food aftg-r i,-• catasaMzhe: •} • •_• If my noncon%m3ing t -}t_ war. or othera� sign is damagcd to such an extent pment of that .ie the =Iacement cost of =11ir cost and reconstmction at time of damage- will exceed f& . _!_" nonconfom2ing (50) sien shall not be used or rrconstmcte-d excCM in full confQmliv with (d) ArchitecturaUbuiL ft standards, ,(D Prohibited architectural styles• The following are prohibited: Corporate signature or commercial UtQlgt= architect=- unless Exa=les of such VmWbited architecno include flat roofed convenience washes. and �_ stores,•1 drive thrpup-h stations. _!• facilities canopies (see Fig= for `- stations. g F-3), ' b. Any kitsch architecture (suci as a building that does not resawble Inical Yti. iii" including:structures . i or elements ._ _ resemble an exaggeTated plant -fish. edible food. oi other such iteins mich as SEPTEMBER 28, 1999 Mll 0 0 0 If e M�Tx'ejfw at e Z -M mef-Upwrill mm - Loll �j will I ro it I'm I to-' I I I *-*--j Sri! 1 wTat I L�Aqioj to) a C -i! 0111 U-0414 10 f . -iT1 I -91717ir I WTM IlTmq7MV17-m- R" I ITZ71 I I! 10 11 lvj It, tot, a. 11-74PAMMEWT =17Age're IL ALly from architectum design having a historical that refe=e such reference that is so is di inconsist= pw I "ll 'IL408 t NUT-W-TiRof I I lif I (oil IN -1 andLor cunymi inco=atible pjlilos phy with surr-owding At-ackires. Exam ples of suck include: igloos. domes or geodesic do Quonset aig smx=s. and ==s. the like, westem "false frants." medieval castles. caves. Architecturallbuilding exeMptions and ll =uirements: If e M�Tx'ejfw at e Z -M mef-Upwrill mm - Loll �j will I ro it I'm I to-' I I I *-*--j Sri! 1 wTat I L�Aqioj to) a C -i! 0111 U-0414 10 f . -iT1 I -91717ir I WTM IlTmq7MV17-m- R" I ITZ71 I I! 10 11 lvj It, tot, a. 11-74PAMMEWT =17Age're SEPTEMBER 289 1999 MfrX ofol TT mt FTUTW711=7 1 11 4=1 -85- 800 0 � 1111 111111 16'ral to r ALI) pw I "ll 'IL408 t NUT-W-TiRof I I lif I (oil IN -1 11 ll'im lilt I, =,- 4Wnj W'r=-e 6 , =ov I -I I I tat) is C-izlielk! Oi-ml) o vrr-ioZolW#7W7fr77r*TrvTmM, Zoo- I SEPTEMBER 289 1999 MfrX ofol TT mt FTUTW711=7 1 11 4=1 -85- 800 0 �.W.Au4W- } - Y!li • lip } i :_f • ' !. !} i - 1. .• •}. - • - shallbe substmtial,TL! Io-ille WOIJkl f • _ - .. • • • • - • The product shall appear authentic from the closest distance that it will be viewed by the general public. The pjmduct shallbe substmtial,TL! and f • _ - .. • • • • - Til_ - !SS_.- " �_t. • -: • ..' 1 - Zi• } • }_ . • _f • l%_ l711111 i L 1T ul I F _f . a -1 _ M.Y UMME i_Yil_ i•i! The . .•uct shall hold up as well as the =dAid it is imitating, That • • f' !f 1. -!: :. .<}. ". • The product shall appear authentic from the closest distance that it will be viewed by the general public. • 1 f ( fi_ :_ �. • " :_! • �_ h• } ! '.! !_f ' :_f • _t 1. �11•.- SEPTEMBER 28, 1999 -86- The pjmduct shallbe substmtial,TL! and fl.1!- imitations are unaccg%able. The . .•uct shall hold up as well as the =dAid it is imitating, That must be fabricated..} such my that it will retain its original shW. apWamwe. and color, as well as the pmductft._ The pArdurds color shall resemble the color of the "r duct it is imitating, the . '.t !.f ' stiuctums buildina-12afts •}_. or Y•• • of .f - building- liahting that or huildine • f the elemenu form . is • 1 f ( fi_ :_ �. • " :_! • �_ h• } ! '.! !_f ' :_f • _t 1. �11•.- SEPTEMBER 28, 1999 -86- • �.. i �_ IC_I _Y• . 1 • 1{:.} " } ._l }.. 7 L.S. off. f 3da Facades An awning that appear shall to be not run pjimarily continuousLy awnings are for more pmhibited. than AdML residential area 1 between O= of awning thelength seaments • shall e_f singlefacade,Y be at least twenly--four f (24) or his desigmee are inches 11 screened wide, Placement landraing of to the ts shall relate to mad that runs the Vmkers shall lenp-th be oriented of the drive-throuah so as not to pjwject lane and soAmd its toward residential areas. X Access= structures. possible, including Awnings shallnot Wildings. exceed e (25) - and screening per -cent structures. of the area of match - facade, ix Drimup windows slightLy f moi%.. ...}. shall not be located on a building facade that faces a residential area or a roadmy unless roofs and paWet walls allowed by 1 into the building or his desigmee are 11 screened by landraing equivalent to the material in a local mad that runs the Vmkers shall lenp-th be oriented of the drive-throuah so as not to pjwject lane and soAmd its toward residential areas. X Access= structures. including sheds. out Wildings. d=ster enclosums. and screening structures. shall match the 9yle. finish. and color of the site's main building. Metal (d) Roofs: All buildings and accessory structures within the plan area shall have sloped roofs (slope pitch at least 4:12) visible from every direction, unless a visible flat roof, parapet roof, or other such roof design is determined by the community development director or his designee to be an integral feature of a recognized architectural style. 1 Sloped roofs. including mansards. shall have a minimum vertical rise of six feet (not including fascia). Where flat roofs are allowed by the community development director or his designee. AR buildings and accessory structures may have flat roof systems where flat roof areas are not visible at six (6) feet above grade from all directions. SEPTEMBER 28, 1999. .� �� f.� ��,�. � -.J • slightLy f moi%.. ...}. a ro&dAU shall not i._}. continuous for more _ : .S %_}. one hundred (100) feet horizontally) the roof without offsetting ridge or 121ane a minimum or jogging (verticdLY-QL of sixteen (16) inches Fig= B-2), Low slo= roofs and paWet walls allowed by develg== director or his desigmee are excluded from this mQuirement, Roofing materials r my surface with a slg= vertical surfaces. This ._1. • • Ill,accessdrivesor pmWbited for use gm= than 30:12 perW= o& to those as finish (rise:oW. surfaces _o 1 11 up visible er • f f c -K. fj _ to and inclu from SEPTEMBER 28, 1999. .� �� f.� ��,�. � -.J • (See Figures F-2 and F-3 at end of section 911.18) (e) !an Ma sh&H bee1 -r e feffewing eelersc Lel Colors and building graphics. =-T-917r.-P -- . - N. -IR -4 SEPTEMBER 28, 1999 -88- beige, -%M aeber' Y. f 4 SJ. 6 4Wte. Lel Colors and building graphics. =-T-917r.-P -- . - N. -IR -4 SEPTEMBER 28, 1999 -88- ] . oift Y. Lel Colors and building graphics. =-T-917r.-P -- . - N. -IR -4 SEPTEMBER 28, 1999 -88- • C. Trim colors: Tram rolors sre used fora ce*lt of sinaller trim arr+ae are the brightest grip of colors allowed -and include an base building and secondary building colors LTse of metallic colors (i.e.: gold. silver. bronze chrome etc) and use of g cis colors Cnch ae fluorescent colors (e.g. hot pink shockingelv Jowl are i Pd Trim colors c a norPuree ten (10 percent of Z the surface area of any one building facade elevation Where trim colors are used inyaa building facile simthe trim color area of the facade sign-S-Ul be eluded in the percentagelime itation on the trim ntnr Surfacrea_ r" Natwal finish materialE The color mquirements listed above shall not Wly to the colors oftrue naturW finish materials such as brick. stone- teria cotta. concrete roof tiles- slate. intem-ally co concrete mm= units, g=er. and wood. Colors commonly found in naurg matexials arr. acccatable'uniess such material has been artificially in . manner 1 1 would • - miM= to theintent } these ii.!..1e.} +. Vii: or extremely dark colors for brick, concmte maso= units. mofing. wood colors for natuml fmish roofing materials that match those colors p • sd for metal roofs.) Awning colors: Awning colors may include base building colors and/or second= building colors andlor tdm colors, Ho-weyer. second= building colors and tdm color area used for ammings shall be inclu4ed in the p=entage limitation on the second= buildina color and tnm color surface area of a facade, The Wabasso Corridor Master Color List and the M=ved color board are the same as for the SR 60 Corddor Plan, and shall be maintained -b-y and made available by -planning staff, Tbe list can be mailed or faxed lMon request, SEPTEMBER 28, 1999 -89- PIOK I. C7 r (f) Special screening and lighan: Within the plan area, mechanical equipment (ground, building, and roof mounted), including air conditioning units, pumps, meters, walk-in coolers, and similar equipment shall be visually screened from surrounding properties and roadways using architectural features, fencing, walls, or landscaping. In addition to required landscaping, all loading/unloading docking areas located adjacent to residentially designated areas and/or roadways shall be provided with a solid wall at least eight (8) feet in height above the loading area grade to buffer adjacent roadways and residential sites from noises and sights associated with docks. Manmade opaque screens which are visible from any public or private right-of- way or street, or any residentially designated area, shall be constructed of a material which is architecturally similar in design, color and finish to the principal structure. L, Screenin Liahtin SEPTEMBER 28, 1999 .a a _I All-telolmes- vending machines. or my facilily di=sing built into the building buildings. Mace gnicture-compatible mdffi the or or enclosed mgin building's in a scp= architecture. These areas plmnes are to and be designed ATM mrith-the -should have aft of ft W_qDly-four-hour user in mind, Public access, _\ • .. ei .!' will be allowed ! 1 my - 11.• . Kl amcnily or fudifty such as es or trash cmtaiv=-- Screeniag fencing is Qf allowed link fencing to be used (c.g. -Mere chain around stormwater link or similar Mds). such Liahtin SEPTEMBER 28, 1999 .a a _I • heads. and the like are canepy WWI size. All canopy trees req luminaries normal ==Wbited Dighibited, where the iia pagLwdfagaghl hit source would be Asible High continuous hedge*: 1 16 -2'/: feet high at planting Berm: 1 %Z--2 %z high* requirements .! !_ !_ f �. .' _ !. •.f [`T Y • • _fit. f} " _ t •.. ' buildings and poles hig1mr than eigh= (18) feet above parking (6) feet at time of in plantin-gy.Palm trunk ordinance, of twelve How—e-yer. (12) -be feet ongpy-b= such Mm trees as shall specified hay thelandsope -e a minimumclear (g) US 1 and CR 510 landscape buffer: Within the plan area the following landscape requirements shall apply: (U Increased 20 feet or more canepy tree size. All canopy trees req under normal Berm: 1 %--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 16 -2'/: feet high at planting Berm: 1 %Z--2 %z high* requirements fort • �•c_ .J •� 1 - minimum }- ihof twelve tree (12) feet clusters and may ' * used - d of six as (6) feet at time of in plantin-gy.Palm trunk ordinance, of twelve How—e-yer. (12) -be feet ongpy-b= such Mm trees as shall specified hay thelandsope -e a minimumclear ,O1 The county -wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. The following landscape buffer shall be Provided along the entire length of a site's CR 510 and US 1 frontages, except for approved driveways: Buffer Width Minimum Planting/Berm Requirements per 100 feet 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 %z--2 %Z high at planting Berm: 1 %--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 16 -2'/: feet high at planting Berm: 1 %Z--2 %z high* SEPTEMBER 28, 1999 • —91— E®0a L J Fr? C 4.j j 'J J° 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 %4-3 feet high at planting Berm: 1-1 %: feet high* *Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F4 and F-5 at end of section 911.18) (h) Landscape buffer along other streets in the corridor: In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. (i) Landscape buffer along commercial/residential border: Within the corridor, where compatibility buffer yards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided. 0) Foundation plantings: feet; measwed to the buRding fikee. Forty (49) of the foundation building's(5) Ferpendietdar perimeter (exeluding entnmeeweys pereent md everheeA doers) along the exanoef if feet (exeluding gk building ho front and side entrmeways wd Ferimebers the measwe one hundred(190) overhead doers), then forty (49) vereent of the larAseape strip 1 leeated along the fient and sides of the btfil -92- 0 0 • Foil-tda&-( nblan -ro , alLy'r- ism, ti X -d -A _-•_ -• -ri —f? TIOT -7-Mr-3 M -W =i-IMM[G)NOW M - RMT Mos 6, m -m TV M. -Vrm"rr--w.f74Fn, Mthin such foundation planting landscagL9dM. the foll landsMing shall be =vided: FaM (40) percent of the foundation�perimeteLLexcluding mtrancmys and oiterhead dgg-m) along all buildine faces shall be landscaRed. as follows: *For buildings -up to 12' in height I SEPTEMBER 289 1999 I I Balm tree or appropriate canopy tree for c= 10 lineal feet of planting stdR (clustered) WITTIT.7-1—tine %71t94rJM M--Wilj wP., ;11 1, 0-7=1074TO4 m.- FITU6=1 -IN &!Xjl 8000 0 -,A BOOK C *For buildings of 121 to 251 in heigh T WoTFs—jTVF;—jUP M�j *For buildings over 25' in height 13mr.mr,71. M., M727F.T. M-1. I'll = Im 554MIMIMMM M.1 MM MR. M. RIO- 0i I' *For buildings over 25' in height 13mr.mr,71. M., M727F.T. M-1. I'll = Im 554MIMIMMM M.1 MM MR. M. UCj =,o , f Tel Pj X I RT YToTiT--V- M � F F e) SEPTEMBER 28, 1999 -94- RIO- 0i I' UCj =,o , f Tel Pj X I RT YToTiT--V- M � F F e) SEPTEMBER 28, 1999 -94- 0 1 0 2. The ft—t of d.1! -S 2 _ strips be modified if the pmposed meets or exceeds the area cnQ=assed by a J=ical IUMIL (k) Landscape planting theme requirements: All property adjacent to US 1 and CR 510 within the corridor has been placed into one of four (4) landscaping theme categories. Within each theme category, required landscape plantings shall be limited to certain species, as specified below, with the exception that sod, annuals, or hardscape may be used in groundcover areas. Formal Palm theme: CR 510 between Massey Road and the eastern foot of the bridge: Street tree: (Canopy, Min. 8 foot clear trunk) Washington robusta Washington Palm Supporting shade tree: (Canopy, Min. 12 to 14 foot height by 6 -foot spread) Quercus virginiana Live Oak Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) the architecturallbuilding standards Tree Ligustrum Nerium oleander - • .. this plan.•tom_facade" building faces that are unarticulated are allowed if foundation plantings are provided as X=ified above with }_ hundred (10 0) percent increase(doubling) t_ require plant material quantities (as spccified above), (See Figure F-7 through F -I 0 at the end of section 911.19) (k) Landscape planting theme requirements: All property adjacent to US 1 and CR 510 within the corridor has been placed into one of four (4) landscaping theme categories. Within each theme category, required landscape plantings shall be limited to certain species, as specified below, with the exception that sod, annuals, or hardscape may be used in groundcover areas. Formal Palm theme: CR 510 between Massey Road and the eastern foot of the bridge: Street tree: (Canopy, Min. 8 foot clear trunk) Washington robusta Washington Palm Supporting shade tree: (Canopy, Min. 12 to 14 foot height by 6 -foot spread) Quercus virginiana Live Oak Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) Ligustrum lucidum Tree Ligustrum Nerium oleander Oleander tree Myrica cerifera Wax Myrtle SEPTEMBER 289 1999 L- -95- Shrubs: (Min. 24 inch height) Nerium oleander Oleander Myrica cerifera Wax Myrtle Ligustrum lucidum Ligusum Viburnum suspensum Sandankwa Viburnum Coccoloba uvifera Seagrape Livistona chinensis Chinese Fan Palm Groundcover: (Min. 10 to 12 inch height) Raphiolepis indica Indian Hawthorn Ilex vomitoria Yaupon Holly Liriope muscari 'Evergreen Giant" Evergreen Giant Liriope Pittosporum tobira "variegata" Variegated Pittosporum Pittosporum tobira Green Pittosporum Ixora "Nora Grant" Nora Grant Ixora Carissa grandiflora Natal Plum 2. Informal Palm theme: SR AIA/CR 510 intersection west to the eastern foot of the bridge: SEPTEMBER 28, 1999 • Street trees: (Canopy, 10 to 16 foot clear trunk) Washingtonia robusta Washington Palm Sabal palmetto Cabbage Palm Supporting shade tree: (Canopy, 12 to 14 foot height) Quercus virginiana Live Oak Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) Nerium oleander Oleander Tree Myrica. cerifera Wax Myrtle Ligustrum lucidum Tree Ligustrum Shrubs: (Min. 24 inch height) Scaevola Inkberry Nerium oleander Oleander Elaeagnus Silverthorn Myrica cerifera Wax Myrtle SEPTEMBER 28, 1999 -97- rvn i'A�: • I -, j Ligustrum lucidum Ligustrum Viburnum suspensum Sandankwa Viburnum Tripsacum dactyloides Fakahatchee Grass Coccoloba uvifera Seagrape Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) Groundcover: (Min. 10 to 12 inch height) Lantana Lantana Liriope muscari "Evergreen Giant" Evergreen Giant Liriope Carissa grandiflora Natal Plum Pittosporum tobira "variegata" Variegated Pittosporum Ilex vomitoria Yaupon Holly Raphiolepis indica Indian Hawthorn 3. Formal Oak theme: US 1 from 84th Street north to Bridge Boulevard (87th Street); CR 510 between FEC Railroad and Massey Road: Street trees: (Canopy, Min. 14 foot height by 6 to 6 foot spread 2 Y2-3 inch cal.) Quercus laurifolia Laurel Oak Quercus virginiana Live Oak Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) SEPTEMBER 28, 1999 -98- 0 40 • Lagerstroemia indica Cragpe Myrtle Myrica cerifera Wax Myrtle Ligustrum lucidum Tree Ligustrum Ilex attenuata "East Palatka" East Palatka Holly Nerium oleander Oleander Tree Raphiolepis indica Shrubs: (Min. 24 inch height) Ilex vomitoria Yaupon Holly Viburnum suspensum Sandankwa viburnum Ligustrum lucidum Ligustrum Viburnum odoratissimum Sweet Viburnum Myrica cerifera Wax Myrtle Groundcover. (Min. 10 to 12 inch height) Raphiolepis indica Indian Hawthorn Ilex vomitoria Yaupon Holly Liriope muscari "Evergreen Giant" Evergreen Giant Liriope Hemerocallis spp. Daylily Juniper chinensis "parsonii" Parson's Juniper SEPTEMBER 28, 1999 a -99- • Hymenocallis latifolia I Spider Lily Ixora "Nora Grant" I Ixom Nora Grant 4. Informal native theme: CR 510 west of FEC Railroad; US 1 (81 st Street to 84th Street); US 1 (87th Street to 95th Street): Street trees: (Canopy, 10 to 16 foot height) Pinus elliottii Slash Pine Quercus virginiana Live Oak Quercus laurifolia Launsgl Oak Sabal palmetto Cabbage Palm Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) Ilex cassine Dahoon Holly Myrica cerifera Wax Myrtle Ligusmun lucidum Tree Ligustrum Lagerstroemia indica Cragpe Myrtle Ilex attenuata "East Palatka" East Palatka Holly Shrubs: (Min. 24 inch height) SEPTEMBER 28, 1999 -100- '0 0 • Crinum spp. Crinum Lily Elaeagnus pungens Silverthom Syzgium paniculata "myritifolia" Eugenia myritifolia Livistona chinensis Chinese Fan Palm Myrica cerifera Wax Myrtle Philodendron selloum Philodendron Viburnum odoratissimun Sweet Viburnum Viburnum suspensum Sandankwa Viburnum Groundcover: (Min. 10 to 12 inch height) Nephrolepis Swordfem Liriope muscari "Evergreen Giant" Evergreen Giant Liriope Hymenocallis Latifolia Spider Lily Pittosporum tobira "Variegata" Variegated Pittosporum Lantana Lantana Juniperus chinensis "parsonii" Parson's Juniper Dietes vegeta African Iris SEPTEMBER 289 1999 • �` v (4) Review of developmentprojects by Wabasso task force members. The Board of County Co missionem shall ap o'nt a group of ask force members participantsand deai , nrofess�s (un to 6 pmonsW be known as the "Wabascn nn g91gg re=ew task force". Members of the on-going review task force are authorized to review and comment on development project proposals within the Wabasso Corridor. Task force members will be notified by planning staff regarding pre -application conferences and TRC meetings at which proposals for development within the corridor are reviewed and commented upon. Staff and Wabesse-Gerrider ongoing review task force members will work with applicants to ensure that every effort is made to save protected trees. No protected trees shall be removed unless it is absolutely necessary to accommodate a proposed site plan. In addition, staff and task &ree i=nbeis will encourage developers to follow the voluntary architectural guidelines found in the Wabasso Corridor Plan. (5) Special regulations for administrative annroval minor site plan projects In the Wabasso Corridor plan area, non-residential and mixed use development and re -development that requires ad_ministn,tive annroval or minor site plan approval shall comply with the previously described special regulations for new major development,within the administrative IW proval or minor site plan project's area of development/redevelopment. The project's area of development/redevelopment is the area of the site containing buildings, additions, structures, facilities or improvements proposed by the applicant or required to serve those items proposed by the applicant. As an example, a small building addition that requires additional parking spaces would result in a project area of development/redevelopment that includes the addition and the parking lot addition and adjacent required landscape areas. • � • � • �_ • 11.L.J ' - - • Yom. _ • .!. - • • �. " � ' • � ' (' .i E1.. � � � i - - In addition within theWabassn .��r plan area the fnTlrn;ring non-c�nfnrm�nes regulation_ s sl>�1 anpl�� SEPTEMBER 28, 1999 -102- • L Use more of nonconforming consecutive }month... structures (cross-refe=ce abandoned for LDR a 2criod of twelve 904,08) (12) c located.1 a nonconforming =pca shall not be n=itted section until the pm12MIX is brought into co=liance with the reQuirements of a compatible prop�M, o n nonconforming 6n.• of -. nonconforming Yat.. - of • ••iiiwithout .f - nonconforming Y!.►_ u not abandoned Colors • for a structure period of twelve located •f (12) or a nonconforming more consecutive ! ••i=Q, months, i-__ not be changed remilations. from those unless the existing at the time of b- the ad0fion of thest Sp2rial s=ial color regulations. new. • •._J ed colors co=ly with the. •. 4, Pjqiects on nonconforming l nisi" -! _.. }._f g a buildinggn}f.h. (excluding Omnilts for roofs or minor L=m= i mQuired I&wj shall b ' mf .__ - ! to bring 1 - • • flM into cg=liance as "cmpatible• • - M 5. : structure increased in located on a nonconforming from its lawful =mWuhall the time notbe the enlarged or these 7f e . = •.._ regulations, my Where size such chan= at of are LL a! . ad000n building o fi 1.l fl_ mQuired for the enlargement or addition, (7) Variances. (a) Variances from these special corridor regulations shall be processed pursuant to the procedures and timeframes of Section 70.001, Florida Statutes. The planning and zoning commission shall recommend variances to the board of county commissioners for final action. (b) The planning and zoning commission is authorized to propose settlements of claims under Chapter 70, Florida Statutes, through any means set out in Section 70.001(4)(c). (c) Criteria. The planning and zoning commission shall not approve a variance or other proposal for relief unless to it finds the following: The corridor regulation directly restricts or limits the use of real property such that the property owner is permanently unable to attain the reasonable, investment -backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole; or 2. That the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large; and 3. The relief granted protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the corridor regulations from inordinately burdening the real property. SEPTEMBER 28, 1999 I • BOOK 11"J (8) Voluntary guidelines. (a) Residential subdivisions within the planning area are encouraged to adhere to the sign and landscape buffer requirements along U.S. 1 and CR 510. (b) The following voluntary architectural guidelines are established to encourage, through private and public investment, the development of the Wabasso Corridor as a cohesive, functional and aesthetic whole. The guidelines contain standards addressing components of the physical development of structures in the corridor. Based upon location, history, environmental attributes, historic resources and character, these guidelines reflect an architectural theme using elements found throughout Florida's past, referred to as "Old Florida" style. General criteria Besides defining the community's low density, low rise character, building heights should relate to open spaces to allow sufficient light and ventilation, effective use of prevailing winds for cooling, enhancement of views and minimizing the obstruction of views to adjoining structures and other locations. Buildings should be designed to lessen the appearance of excessive bulk. Ostentatious or overly -prominent building shapes that are out of harmony in context with their visual environment, including adjacent structures and the landscaped framework, are discouraged. The surfaces of enclosing walls of large-scale commercial structures should incorporate elements relating to the scale of pedestrian movement and view. Vertical enclosing walls should be sub -divided into clearly visible bays, each a minimum of sixty (60) feet in width. The use of the following devices for establishing scale is encouraged: a. Textured surfaces; b. Scored joints; C. Surface articulation or subdivision of vertical surfaces into distinct areas; d. Rhythmic use of openings (doors, windows, etc.); e. Scale and proportion of facade; f. Use of signage to establish scale and proportion; g. Installation of landscape elements in front of walls to break up long wall expanses and sloped or otherwise articulated roof lines to develop visual interest at the roof level. 2. Specific criteria. a. Roofs: The use of vernacular materials such as standing seam metal or wood shake shingles is encouraged. Roof pitch should range from 8:12 to 12:12 for primary roofs, and lower pitch for arcades or overhangs. SEPTEMBER 28, 1999 -104- • Doors/windows: Doors and windows should be symmetrical in placement, and should be true divided lite [light]. Casing trim should be four (4) to six (6) inches and workable shutters sized to fit windows are encouraged. C. Siding: Siding should be wood horizontal or vertical boards or shake. d. Porches/arcades: The use of wide overhangs which create porch or arcade -like features is strongly encouraged. For instance, commercial buildings should provide front walkways which are a minimum of ten (10) feet wide. This width accommodates two (2) to three (3) abreast pedestrian traffic while allowing for entrance door swing area. Awnings are also encouraged to add color and textural interest to buildings. Cornice detailing: Open exposed rafter tails are encouraged. Lighting: The use of thematic lot lighting and signage is encouraged. 2. Piers, Docks, and Boatslips Definition Revisions of LDR Chapter 901 The following definitions of Chapter 901 are hereby modified or established as follows: Pier, vU&& a structure extending in, on, or over waters of the state, which is used by the genal public primmiiq for fishing, swimming orroiewing . wildlife observation. or other water dependent activities. A public pier shall not include a dock, as defined here ia in this section and shall be desianed and built in a manner that prohibits the mooring or launching of a boat. A up blic pier is built. used. otterated. or owned by a goverrLm=PLn+�I entity. Main access pier the walkway which connects a riparian owner's propgM to a terminal platform. The main access pier is not used to moor a boat. Terminal & orm that part of a dock or pier. including fin= piers. that is connected to the main access pier, is located at the terminus of the facility. and is designed to secure and load or unload a boat on docks. or conduct other water -dependent activities on piers. The terminal platform does not include the main access pier. Water dependent activity an activity which can only be conducted on. in. ovm or adjacent to. water areas because the activity requires direct access to the water body for importation. recreation. energy production or transmission. or source of water and where the use of the water is an integnlpart of the activity. SEPTEMBER 28, 1999 • -105- MOO a v 6DUK' O' _A , 3. Piers, Docks, and Boatslips Revisions to LDR Section 932.07 Section 932.07 of the LDR is hereby amended as follows: (1) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored along any shore without consent of the riparian land owner. Regularly moored watercraft shall not be used as live -aboard vessels, offices or commercial enterprises except in commercial marinas with approval and facilities for that purpose. Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted repair area. The mooring of live -aboard vessels (as defined in Chapter 901) in commercial marinas shall be limited to those boat slips designated for live -aboard vessels use on an approved site plan meeting the provisions described in section 971.35(3). (2) Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent to a dock, marina, boat livery, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as determined by the applicable zoning side yard setback of the zoning district in which the project is located, as extended waterward from the adjacent upland. No portion of a watercraft moored at such boatslip shall project into the extended riparian side yard setback, unless necessary to allow the utilization of riparian rights. (3) Projection of watertront structures. (a) Umvalled Mout shelters. Unwalled beat shelters may be erected over boatslips associated with docks or over the terminal platform associated with tmvate observation/fishing piers and public piers; however, no part of such shelter may be erected beyond the shoreline unless the following conditions are met: The applicant shall provide a detailed inventory of sea grasses and submerged aquatic vegetation in the area to reviewing county staff; 2. The applicant must demonstrate that the unwalled beat shelter does not adversely impact light-sensitive aquatic resources such as sea grasses; The combined total surface area of the unwalled beat shelter and the terminal platform of the associated dock, 12dvate observation/fishing pim or public 1L shall not exceed Florida loartment of Environmental Protection (MEP) size limitations where such structures are located in an aquatic preserve, provided that in no case, however, shall the surface area covered by an unwalled beat shelter exceed four hundred (400) square feet on a dock or one hundred sixty (160) square feet on a private observation/fishing pier; and 4. The height of the unwalled boat shelter shall not exceed twenty (20) feet above 1t mean high water ling. _ (b) Extension of docks, ,public piers, and private observationMin piers in waterways, generally. SEPTEMBER 28, 1999 -106- L Docks aad piers, including tie -off piles, mooring or dolphin poles; ,-ald -public piers shall not project outward from the shore more than twenty-five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character Of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. (c) (Exceptions.] Application of paragraph) in "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (12 %) feet either side of the waterway centerline). (4) Riparian side yard setback encroachment prohibited No dock, pim boat shelter or other waterfront structure may encroach on a required riparian side yard setback as extended waterward for the zoning district in which the project is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative approval to construct a water front structure within a riparian side yard setback, under the following circumstances. (a) Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plan showing the dock location and configuration and all aquatic and shoreline vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without being considered multi -slip facilities. The applicant(s) shall also provide written conformation of a recorded access easement which verifies joint access to the proposed structure. Adjoining property owners sharing dock boattslip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared facility may only occur with regards to the adjoining property owner's shared lot lines. (b) Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard setback encroachment of single-family dock/boat slips, the applicant may apply for administrative approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan indicating the nature of the hardship as well as the proposed dock location, specifications and any aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment shall be the minimum necessary to allow for the desired use. SEPTEMBER 289 1999 —107— C00K 6 1t' c,_` . at mean luLUe. The location. dimensions. and structural dnracter of all structures shall be in confbma�y with Uplicable federaLand state Jurisdictional a=a regulations, (c) (Exceptions.] Application of paragraph) in "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (12 %) feet either side of the waterway centerline). (4) Riparian side yard setback encroachment prohibited No dock, pim boat shelter or other waterfront structure may encroach on a required riparian side yard setback as extended waterward for the zoning district in which the project is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative approval to construct a water front structure within a riparian side yard setback, under the following circumstances. (a) Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plan showing the dock location and configuration and all aquatic and shoreline vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without being considered multi -slip facilities. The applicant(s) shall also provide written conformation of a recorded access easement which verifies joint access to the proposed structure. Adjoining property owners sharing dock boattslip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared facility may only occur with regards to the adjoining property owner's shared lot lines. (b) Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard setback encroachment of single-family dock/boat slips, the applicant may apply for administrative approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan indicating the nature of the hardship as well as the proposed dock location, specifications and any aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment shall be the minimum necessary to allow for the desired use. SEPTEMBER 289 1999 —107— C00K 6 1t' c,_` . UOK JlLi (c) Environmental constraints. In cases where environmental conditions on a subject property are such that the location of a dock or other waterfront structure within a riparian side yard setback would afford the best protection of on-site natural resources, an applicant may apply for and be granted an administrative approval pursuant to the provisions of Chapter 914. Natural resources that warrant riparian side yard setback encroachment consideration for protection purposes include mangroves and submerged aquatic vegetation. (5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. On riparian property where the location of a waterfront structure over or in the vicinity of light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof) shall be constructed a minimum of five (5) feet above the mean high water level where said aquatic vegetation exists or could potentially exist, as determined by county environmental planning staff. Said determination shall be based on staff review of seagrass inventory information and site specific conditions. f61 Design and co inioncharacteristky ofprivate obcv �atinn/fishing p& All Arlvate observation/fich,no niers shall be^^Mn,rrnd to the following cion characteristics 4• 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. SEPTEMBER 28, 1999 -108- 5. 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. 6. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 7. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 28th day of September, 1999. This ordinance was advertised in the Vero Beach Press -Journal on the 10 t h day of April , 1999, and on the 2 6th day of April , 1999, and on the 17 t h day of s P P t P m h P r , 1999, for public hearings to be held on the 19 t h day of April , 1999, and on the 4 t h day of May , 1999, and on the 2 8 t h day of September , 1999 at which time at the final hearing it was moved for adoption by Commissioner Adams , seconded by Commissioner G i nn , and adopted by the following vote; The ordinance was adopted by a vote of : Chairman Kenneth R. Macht A y e Vice Chairman Fran B. Adams A y e Commissioner Ruth Stanbridge Aye Commissioner Caroline D. Ginn A y e Commissioner John W. Tippin A y e SEPTEMBER 28, 1999 -109- '�' I GOOK BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By ie 4nne R. Macht, Chairman ATTEST BY: Jeffre• ,}-K-Aarton, Cl -�-C MM" ment by the Department of State of the State of Florida this /may of 1999. Effective Date: Filed with the Department of State on the /// day of 1999. APPROVED AS TO LEGAL FORM William G. Collins Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AI P Community Development D ctor u\d\ordiance\wabpier2.ord - Coding: Words in Hugh type are deletions from existing law. Words underlined are additions. 40 SEPTEMBER 28, 1999 -110- • _I 9.A.6. PUBLIC HEARING - ORDINANCE 99-027 PERTAINING TO REGULATION OF THE MOTOR VEHICLE TITLE LOAN INDUSTRY PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of September 7, 1999: TO: Board of County Commissioners FROM: Charie�tun�ac County Attorney DATE: September 7, 1999 RE: Public Hearing -Title Loan Ordinance The attached proposed ordinance would limit the interest charged by title loan companies to 30% per year and is essentially the same ordinance enacted in Palm Beach County. A copy of a summary of similar actions throughout Florida is attached for your information. A public hearing date of September 14, 1999 was set by the Board of County Commissioners. Assistant County Attorney Terry O'Brien explained that in 1995 the Legislature had enacted the Florida title law act which allowed interest rates of up to 264%. Numerous counties have now adopted an ordinance limiting these rates to 30%. He then introduced Jackie Dowd, Assistant Attorney General for the State of Florida. SEPTEMBER 28, 1999 I GOO Jackie Dowd, Assistant Attorney General for the State of Florida, on behalf of Attorney General Bob Butterworth urged the Board to pass the ordinance. She cited an example of the misuse of these interest rates as follows: a gentleman from Indian Harbor Beach borrowed $668 in December of 1966 and signed an agreement to repay the loan, secured by his vehicle. In 30 days the sum of $802 was due. This gentleman's monthly interest payment is now $134 and he has paid $4,293 on this loan, while still owing $500 in principal. This loan is within the 264% and legal under current state law. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously adopted Ordinance 99-027 pertaining to regulation of the Motor Vehicle Title Loan Industry; providing: a title, definitions, conditions for engaging in title loan transactions; maximum interest rate; requirements upon transaction satisfaction and default; right to redeem and lost title loan agreements; licenses; record keeping requirements; violations; enforcement and penalties; hearings and appeals; transitionperiod; applicability; repeal of laws in conflict; severability; inclusion in the Code of Laws and Ordinances; and an effective date. SEPTEMBER 28, 1999 -112- ORDINANCE NO. 99- 2 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REGULATION OF THE MOTOR VEHICLE TITLE LOAN INDUSTRY, PROVIDING A TITLE; PROVIDING DEFINITIONS; PROVIDING FOR CONDITIONS FOR ENGAGING IN TITLE LOAN TRANSACTIONS; PROVIDING FOR A MAXIMUM INTEREST RATE; PROVIDING FOR REQUIREMENTS UPON TRANSACTION SATISFACTION AND DEFAULT, PROVIDING FOR RIGHT TO REDEEM AND LOST TITLE LOAN AGREEMENTS; PROVIDING FOR LICENSES; PROVIDING FO* RECORD KEEPING REQUIREMENTS; PROVIDING FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR HEARINGS AND APPEALS; PROVIDING FOR TRANSITION PERIOD; PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 538, Article I, Florida Statutes, permits title loan lenders to charge up to 22 percent per month in interest for a motor vehicle title loan; and WHEREAS, current state law provides little or no regulation over the title loan industry; and WHEREAS, Section 538.17, Florida Statutes, permits political subdivision of the State of Florida to enact laws more restrictive than the provisions of Chapter 538, Article I, Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, intends to provide greater consumer protection to persons engaging in title loan transactions in Indian River County than is currently provided in Chapter 538, Article I, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVERCOUNTY, FLORIDA, that: SEPTEMBER 28, 1999 -113- GO©� :. .y > . -'o��L F, U SECTION 1TME This Ordinance shall be known and cited as the "Title Loan Ordinance of Indian River County, Florida." SECTION 2 -DEFINITIONS. As used in this Ordinance: (a) "Commission" means the Board of County Commissioners of Indian River County, Florida. (b) "Department" means the Indian River County Department of Community Development. (c) "Motor Vehicle" means an automobile, motorcycle, truck, trailer, semi -trailer, truck tractor and semi -trailer combination, or any other vehicle operated on public highways and streets, used to transport persons or property, and propelled by power other than muscular power, but excluding vehicles which run only upon a track. (d) "Person" includes, but is not limited to, any individual, corporation, company, association, firm, partnership, society, or joint stock company. (e) "Title Loan" means a loan of money secured by bailment of a certificate of title to a motor vehicle. (f) "Title Loan Agreement" means a written agreement whereby the title loan lender agrees to make a loan of a specific sum of money to a borrower, and the borrower agrees to give the title loan lender a security interest in an unencumbered motor vehicle certificate of title owned by the borrower. (g) "Title Loan Lender" means any person who is engaged in the business of making title loans or engaging in title loan agreements with borrowers, which includes, but is not limited to, secondhand dealers, as defined in Chapter 538, Florida Statutes, as may be amended. SEPTEMBER 28,1999 -114- a • L71 w (h) "Ultimate Equitable Owner" means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation, a foreign corporation, an alien business organization, or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or any combination thereof. SECTION 3. MOTOR VEHICLE TITLE LOAN TRANSACTIONS.. (a) A title loan lender may engage in a title loan transaction, if the following conditions are met: (1) The title loan lender maintains physical possession of the motor vehicle certificate of title, (2) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan, (3) The borrower is not required to pay rent or any other charge for the use of the motor vehicle, (4) The title loan lender holds a current, active license issued by the Department pursuant to this Ordinance, (5) The title loan lender delivers to the borrower, at the time the loan is made, a written title loan agreement that contains the following information: (a) The make, model, and year of the motor vehicle to which the loan relates, (b) The vehicle identification number, or other comparable identification number, along with the license plate number, if applicable, of the motor vehicle to which the loan relates, (c) The name, address, date of birth, physical description, and social security number of the borrower, SEPTEMBER 28, 1999 -115- , • I 0 (d) The date of the transaction, (e) The identification number and the type of identification, including the issuing agency, accepted from the borrower, (fl The amount of money advanced, designated as the "amount financed," W The maturity date of the title loan agreement, (h) The total title loan charge payable on the maturity date, designated as the "finance charge," (i) The total amount, amount financed plus finance charge, which must be paid to redeem the loan property on the maturity date, designated as the "total amount of all payments," G) The annual percentage rate, computed in accordance with the regulations adopted by the Federal Reserve Board pursuant to the Federal Truth -in -Leading Act, (k) The name and address of the title loan office, p) The name and address of the Department as well as a telephone number to which borrowers may address complaints, (m) A statement printed in not less than fourteen (14) point, bold type that: (1) Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHICLE. (2) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN TWO AND SEPTEMBER 28, 1999 -116- •- • ONE HALF PERCENT (2 if %) PER MONTH OR AN ANNUAL PERCENTAGE RATE LOWER THAN THIRTY PERCENT (30%). (n) A statement that "The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect," (o) Immediately above the signature of the borrower, a statement that "I, the borrower declare that the information I have provided is true and correct and I have read and understand the foregoing document," (p) A blank line for the signature of the borrower, and (6) The title loan lender displays, in a prominent place in the title loan premises, a sign no smaller than three (3) feet by five (5) feet with the following message in letters in no less than one (1) inch high: IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO.BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN TWO AND ONE HALF PERCENT (2 %%) PER MONTH OR AN ANNUAL PERCENTAGE RATE OF THIRTY PERCENT (30%). SEPTEMBER 28, 1999 soon_ F�jc. . G00K (b) No title loan agreement shall designate a weekend or legal holiday as a maturity date. A title loan that becomes payable on a day that the title loan lender's location or office is closed shall be deemed under the terms of the agreement as becoming payable on the next business day. (c) No part of this Ordinance shall be construed to impair or affect the obligation of any title loan agreement or contract that was lawfully entered into prior to the effective date of this Ordinance. SECTION 4 MAXIMUM INTEREST RATE. (a) A title loan lender may charge a maximum interest rate of two and one-half percent (2 ifs%) per thirty (30) day period the title loan agreement remains outstanding and unsatisfied. In determining compliance with the maximum interest and finance charges, the computation must be simple interest and not add-on interest or any other interest computation. (b) The annual percentage rate that may be charged in a title loan transaction may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. When the period for which the charge is computed is more or less than one month, the maximum rate for the period must be computed on the basis of one - thirtieth (1/30) the applicable monthly interest rate, multiplied by the number of days of the period. (c) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money, whether the transaction be characterized as a "buy -sell agreement," "sale-leaseback agreement," or otherwise, shall be deemed a violation of this Ordinance if such sum exceeds the amount SEPTEMBER 28, 1999 -118- 0 that a title loan lender may collect in a title loan agreement under this Ordinance or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this Ordinance. (d) No charges, including interest, in excess of the combined total of all charges permitted by this section shall be allowed. SECTION S. TRANSACTION SATISFACTION AND DEFAULT. (a) When the title loan has been paid in full, the title loan lender must deliver to the borrower a certificate of title dear of all encumbrances placed upon the title by the title loan lender within thirty (30) days of such payment in full. (b) A title loan lender who engages in a title loan transaction may take possession of a motor vehicle upon a borrower's default under the title loan agreement. Unless the borrower voluntarily surrenders the motor vehicle, the title loan lender may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. Any sale or disposal of a motor vehicle shall be made through a motor vehicle dealer licensed under Section 320.27, Florida Statutes. (c) Except as provided by this section, title loan lenders shall comply with the applicable requirements of Chapter 679, Part V, Florida Statutes. (d) Nonpublic sales of motor vehicles or disposal of motor vehicles between licensees, business affiliates or family members shall be presumed to be commercially unreasonable. SECTION 6 RIGHT TO REDEEM• LOST TiI'LE LOAN AGREEMENTS. (a) Any person presenting identification as the borrower and presenting the borrower's copy of the title loan agreement to the title loan lender is presumed to be entitled to redeem the certificate of title described in the title loan agreement. However, if the title loan lender determines that the person is not the borrower, the title loan lender is not required to allow the redemption of the certificate of title by such person. The person redeeming the certificate of title must sign the borrower's copy of the title loan agreement, SEPTEMBER 289 1999 -119- BOOK A • r which the title loan lender may retain to evidence such person's receipt of the certificate of title. A person redeeming the certificate of title who is not the borrower must show identification to the title loan lender, together with written authorization from the borrower, and the title loan lender shall record that person's name and address on the title loan agreement retained by the title loan lender. In any such case, the person redeeming the certificate of title shall be provided a copy of such signed form as evidence of such transaction. (b) If the borrower's copy of the title loan agreement is lost, destroyed, or stolen, the borrower must notify the title loan lender, in writing by certified or registered mail, return receipt requested, or in person evidenced by a signed receipt, and receipt of such notice shall invalidate such title loan agreement if the certificate of title has not previously been redeemed. Before delivering the certificate of title or issuing a new title loan agreement, the title loan lender shall require the borrower to make a written statement of loss, destruction, or theft of the borrower's copy of the title loan agreement. The title loan lender shall record on the written statement the type of identification and the identification number accepted from the borrower, the date the statement is given, and the number or date of the tide loan agreement lost, destroyed or stolen. The statement shall be signed by the tide loan lender or the tide loan office employee who accepts the statement from the borrower. SECTION 7. LICENSES. (a) No person may engage in business as a title loan lender ninety (90) days after the effective date of this Ordinance unless the title loan lender has a valid license issued by the Department. A separate license will be required for each physical location of tide loan business. The Department shall issue more than one license to an applicant if that applicant complies with the requirements of this section for each license. (b) An application for a license pursuant to this section must be submitted to the Department on such form as the Department may prescribe. If the Department determines that a license should be granted, it shall issue the license for a period not to exceed two -(2) years. A non-refundable application and license fee shall accompany an initial application for each tide loan application. SEPTEMBER 28, 1999 -120- M 0 1 0 • (c) A title loan lender shall pay a biennial license renewal fee. A license that is not renewed at the end of each two (2) year period shall automatically become inactive. An inactive license may be reactivated within ninety (90) days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee. No inactive license may be reactivated after ninety (90) days. (d) All fees required pursuant to this section, including the initial application and license fee, license renewal fee and reactivation fee shall be established by resolution of the Commission. (e) Each license must specify the location for which it is issued and shall be conspicuously displayed at that location. When a title loan lender wishes to move a title loan office to another location the title loan lender shall give thirty (30) days prior written notice to the Department by certified or registered mail, return receipt requested, and the Department shall then amend the license accordingly. A license issued pursuant to this section is not transferable or assignable. (f) A title loan lender licensed pursuant to this section shall designate and maintain an agent in this state for service of process. (g) A title loan lender licensed pursuant to this section shall apply to the Department for a new license upon a change in ownership of twenty five percent (25%) or more by a natural person in any title loan location or office. No application for a license or an application for transfer of an existing license is required for any change, directly, or beneficially, in the ownership of a title loan location if one or more of the holders of at least seventy five percent (75016) of the outstanding equity interest in the title loan location or office before the change in ownership continue to hold at least seventy five percent (75%) of the outstanding equity interest in the title loan location or office after the change in ownership. (h) To be eligible for a license to engage in title loan transactions, an applicant must: SEPTEMBER 289 1999 • -121- C,ar� J FACE ° (1) File with the Department a bond in the amount of one hundred thousand dollars ($100,000.00) for each license with a surety company qualified to do business in this state. The bond shall be to the Department and in favor of any consumer who is injured in the contest of a title loan transaction by the fraud, misrepresentation, breach of contract, financial failure or other failure of the business, unfair or deceptive trade practice, disclosure violation, or violation of any provision of this Ordinance by the title loan lender. The term of the bond shall be for at least the term of the license. An injured consumer may bring an action in a court of competent jurisdiction against the surety bond. The court shall award to a prevailing consumer reasonable attorney's fees and costs, including appellate attorney's fees and costs. The surety bond shall require that any surety company canceling a bond provided to a title loan lender pursuant to this section shall notify the Department of such cancellation in writing at least ten (10) days before cancellation. (2) Not have been convicted of a felony within the last ten (10) years or be acting as an ultimate equitable owner for someone who has been convicted of a felony within the preceding ten (10) years. (3) Not have been convicted, and not acting as an ultimate equitable owner for someone who has been convicted, of a crime directly related to the duties and responsibilities of a title loan lender within the preceding ten (10) years. (i) If an applicant for a title loan lending license is other than a corporation, the eligibility requirements of subsections (h)(2) and (h)(3) shall apply to each direct or ultimate equitable owner. G) If an applicant for a title loan lending license is a corporation, the eligibility requirements of subsections (h)(2) and (h)(3) apply to each direct or ultimate equitable owner of at least twenty-five percent (25%) of the outstanding equity interest of such corporation and to each Department and executive officer. SEPTEMBER 28, 1999 -122- (k) The Department shall determine the form of the license and may perform criminal background checks as appropriate to this section. p) Licensees shall report changes in address, location of records, and any change of an executive officer within thirty (30) days of the change. SECTIONS RECORD KEEPING - (a) Every title loan lender licensed by the Department shall maintain, at the principal place of business designated on the license, all books, accounts, records, and documents necessary to determine the title loan lender's compliance with this Ordinance (b) The Department may authorize maintenance of records at a location other than a principal place of business. The Department may require books and records to be produced and available at a reasonable and convenient location within Indian River County, Florida. (c) All books, accounts, records, documents and receipts for expenses paid by the title loan lender on behalf of the borrower, including each contract signed by the borrower and expenses incurred by the title loan lender in the event of foreclosure and property recovery, shall be preserved by the title loan lender and shall be made available to the Department for examination for five (5) years after the date of original entry. (d) The Commission may prescribe by resolution the minimum information to be shown in the books, accounts, records, and documents of licensees so that such records will enable the Department to determine the title loan lender's compliance with this Ordinance. (e) Title loan lenders shall keep all certificates of title in fireproof or fire resistant storage while the certificates are in the lender's possession. SECTION 9. VIOLATIONS. The following acts shall constitute violations of this Ordinance: (a) Failing to comply with any provision of this Ordinance, any provisions of resolutions adopted by the Commission pursuant to this Ordinance, or any written agreement entered into with the County. SEPTEMBER 28, 1999 -123- C-OOK • F, (b) Committing any act of fraud, misrepresentation, deceit, or gross negligence, regardless of reliance by or damage to a borrower, or any illegal activity in connection with a title loan transaction under this Ordinance. (c) Fraudulently misrepresenting, circumventing or concealing any matter required to be stated or furnished to a borrower pursuant to this Ordinance. (d) Willful imposition of illegal charges in any title loan transaction. (e) Engaging in false, deceptive, or misleading advertising. (f) Failing to maintain, preserve and keep available for examination, all books, accounts, or other documents required by this Ordinance, resolution of the Commission, state or federal law, or any agreement entered into with the Department. (g) Aiding, abetting, or conspiring with another person to circumvent or violate any of the requirements of this Ordinance, or the requirements of any state or federal law regulating title loan lenders. (h) Refusing to permit inspection of books or records in an investigation or examination by the Department or refusal to comply with a subpoena issued by the Department. lender. (iJ Engaging in criminal conduct in the course of business as a title loan G) Knowingly entering into a title loan agreement with a person under the age of 18 years. (k) Making any agreement that requires or allows for the personal liability of the borrower or the waiver of any of the provisions of this Ordinance. (l) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business. SEPTEMBER 28, 1999 -124- • _I (m) Entering into a title loan agreement in which the amount of money advanced in -consideration for the loan secured by any single certificate of title exceeds one third of the value of the motor vehicle. The value of the motor vehicle shall be determined by reference to the loan value in the current Southeastern Edition of the National Automobile Dealer's Association Official Used Car Guide. The value may vary based upon documented unique characteristics of the motor vehicle. (n) Failing to exercise reasonable care in the safekeeping of a certificate of title or motor vehicle repossessed pursuant to this Ordinance. (o) Failing to return a certificate of title or repossessed motor vehicle to a borrower, with any and all of the title lender's liens on the property properly released, within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order. (p) Charging or receiving any finance charge, interest, cost, or fee which is not permitted by this Ordinance. (q) Engaging in business as a title loan lender without a current, active license issued by the Department issued pursuant to this Ordinance. (r) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. (s) Charging a prepayment penalty. (t) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement. (u) Failing to account for and remit to the borrower all surplus proceeds from the disposal of the borrower's motor vehicle, within fifteen (15) days of disposal. (v) Advertising to engage in title loan transactions without a current, valid license issued by the Department pursuant to this Ordinance. SEPTEMBER 28, 1999 -125- E00 KFE �Y I EUiJ� f't�ut. 40 SECTION 10. ENFORCEMENT AND PENALTIES. (a) This Ordinance shall be enforced by personnel authorized by the Department, county code enforcement officers, and law enforcement officers within their respective jurisdictions. (b) The county court shall have jurisdiction over all violations of this Ordinance. (c) The county clerk shall: (1) Accept designated fines and issue receipts therefor. (2) Provide a uniform citation serially numbered for notifying alleged violators to appear and answer charges of violations of this Ordinance. Such citation forms shall be issued to and receipted by the Department. (d) Violation of any provision of this Ordinance shall be punishable by a fine not to exceed five hundred dollars ($500,00). Any person who has violated any provision of this Ordinance shall be fined an amount as established by the Commission by resolution. (e) Any person issued a citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation. (f) Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, he or she shall be deemed to have admitted the infraction and to have waived his or her right to a hearing on the issue of commission of the infraction. (g) All fines collected as a result of the citation shall be paid into an account designated for use by the Department. (h) Any person who fails to make payment within the specified period shall be deemed to have waived his or her right to pay the civil penalty as set forth in the citation. (i) Any person who elects to appear before the court to contest the citation shall be deemed to have waived his or her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs. SEPTEMBER 28, 1999 -126- 40 G) If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, he or she shall be deemed to have waived his or her right to contest the citation. A default judgment may be entered and the court shall impose a fine at that time. If the fine is paid, the case shall be dismissed. If the fine is not paid, the judgment may be entered up to the maximum civil penalty. (k) Any person cited for an infraction under this Ordinance shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who refuses to sign and accept a citation issued pursuant to this Ordinance shall be guilty of a misdemeanor of the second degree, punishable as provided by sections 775.082, 775.083 and 775.084, Florida Statutes, as may be amended. 0) Failure to comply with the requirements of this Ordinance shall also constitute a violation of a county ordinance and shall be punishable, upon conviction, pursuant to section 125.69(1), Florida Statutes, as may be amended, by a fine not to exceed five hundred dollars ($500.00) per violation or imprisonment in the county jail not to exceed sixty (60) days in jail, or by both such fine and imprisonment. Each violation of this Ordinance shall constitute a separate offense. In addition to the sanctions contained herein, the county shall take any other appropriate legal action, including but not limited to, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this Ordinance. It is the purpose of this Ordinance to provide additional cumulative remedies. (m) In addition to fines, the Department may also enforce the provisions of this Ordinance by one or more of the following actions by the Department, upon written notice and hearing as provided in this Ordinance, unless the person in violation waives the right to a hearing: (1) Denying an application for a license pursuant to this Ordinance. (2) Revoking or suspending a license previously granted pursuant to this Ordinance. SEPTEMBER 289 1999 -127- X00 I (3) Placing a title loan lender licensed pursuant to this Ordinance or an applicant for a license on probation for a period of time and subject to such conditions as the Department may specify. (4) Issuing a letter of concern or reprimand. (5) Placing permanent restrictions or conditions upon issuance or maintenance of a license. SECTION 11. HEARINGS AND APPEALS. (a) Any person aggrieved by the action of the Department may appeal such decision to the Code Enforcement Board. (b) All hearings required by this Ordinance shall be preceded by a minimum of ten (10) days written notice. The notice shall specify the grounds for the action taken by the Department. The aggrieved party may be represented by an attorney and shall be entitled to present a defense. (c) The aggrieved party shall file a written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefor with the Department. The notice of appeal shall be accompanied by an appropriate filing fee as set by Resolution of the Commission. The appeal shall be filed within twenty (20) days of receipt of the notice of the action by the Department. (d) Upon receipt of the notice of appeal, the Department shall set a time and place for the hearing and shall give the aggrieved party reasonable notice of the hearing. All hearings shall be scheduled and determined as soon as practicable and in no event shall a hearing be scheduled more than thirty (30) days from the date that the notice of appeal was filed. Written notice of the time, date and place of the hearing of the appal by the code Enforcement Board shall be sent to the aggrieved party no later than fifteen (15) days prior to the date of the hearing. Failure of the aggrieved party to respond within the time frame specified herein or failure to appear at a duly noticed hearing shall be deemed a waiver of the SEPTEMBER 28, 1999 -128- right to a hearing and an admission of the acts specified in the notice. Failure to claim certified mail notifying the aggrieved party of -the hearing shall be construed as failure to appear at a duly noticed hearing. (e) The Code Enforcement Board shall consider, de novo, the case record as well as any evidence or testimony offered by any interested party. The Code Enforcement Board may affirm, modify or reverse the decision of the Department. (f) A decision to affirm the action of the Department shall constitute final agency action for purposes of further appeal. (g) The appeal of a decision of the Department's action shall stay the effective date of such action. (h) Any person may appeal a final determination of the Code Enforcement Board within thirty (30) days of the rendition of the decision by filing an administrative appeal in Circuit Court for the Nineteenth Judicial Circuit in and for Indian River County, Florida. SECTION 12. TRANSITION PERIOD. Any person operating as a title loan lender on the effective date of this Ordinance shall have ninety (90) days from the effective date of this Ordinance to comply with the regulations, restrictions, and licensing provisions of this Ordinance before the Department may initiate any administrative or civil action, or refer a matter for criminal prosecution. Within ten (10) days of the effective date of this Ordinance, all title loan lenders shall provide written notice to all borrowers with whom they have outstanding loan agreements on the effective date of this Ordinance, if they intend not to renew the title loan agreement under the terms of this Ordinance. The notice shall state the total amount that will be due and payable at the end of the term of the agreement in order to redeem the borrower's certificate of title. SECTION 13. APPLICABILITY. This Ordinance shall be applicable in both the unincorporated and incorporated areas of Indian River County, Florida. SEPTEMBER 28, 1999 -129- SECTION 14 REPEAL OF LAWS IN CONFLICT. All county ordinances in conflict with any provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 15 SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by the Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. SECTION 16 INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 17, EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon filing with the Department of State. SEPTEMBER 28, 1999 -130- • APPROVED and ADOPTED by the Board of County Commissioners of Indian River County, Florida, on this the 2 R t h day of September 1999. APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. / Terrence P. O'Brien Assistant County Attorney _, 199 INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Kenneth R�.Macht., Chairman EFFECTIVE DATE: Filed with the Department of State on the day of F -di �i.-1 r. Aof,rovea Admin Legal Budges 8/W"(ord/title loan ordinance)TO/sw Dei t Risk Mgt. SEPTEMBER 289 1999 -131- w FLORIDA LEGAL SERVICES, INC. 2121 DELTA BOULEVARD, TALLAHASSEE, FLORIDA 32303 (850)385-7900 18501 385-9998 Fax %LLY 0. M. KEST PRESIDENT July 22, 1999 KENT R. SPUHLER Du%croR ACTIONS WE KNOW ABOUT BY FLORIDA COUNTIES TO ENACT TITLE LOAN ORDINANCES County Last Action Duval County Ordinance passed 1/12/99 - 18% APR. Effective date May 1, 1999. Clay County Ordinance passed 2/9/99 - 30% APR. Effective date July 1, 1999. St. Johns County Ordinance passed 3/23/99 - 30% APR. Palm Beach County Ordinance passed 4/20/99 - 30% APR. Broward County Ordinance passed 4/27/99 - 30% APR Hillsborough County Ordinance passed 5/19/99 - 30% APR. Orange County Ordinance passed 5/25/99 - 30% APR. Seminole County Ordinance passed 5/25/99 - 30% APR. Dade County Ordinance passed 8/8/99 - 30% APR. Volusia County Ordinance passed 7/1/99 - 30% APR. Hernando County Ordinance passed 7/13/99 - 30% APR draft ordinance amended at hearing to allow 18% MPR for three months, 2% MPR thereafter. May be reconsidered. Wakulla County Ordinance passed 7/19/99 - 18% MPR for three months, 5% MPR thereafter. 30% APR limit amendment defeated 3-2. May be reconsidered. Lake County Proposed title loan ordinance at 30% APR set for July 27 hearing. Alachua County Proposed title loan ordinance at 30% APR set for July 27 hearing. Leon County Gadsden County Jefferson County Leon County proposed ordinance at 30% APR set for July 27 hearing. Chairman is coordinating with surrounding counties. Marion County I Proposed title loan ordinance at 30% APR set for August 3 hearing. TO PROMOTE THE PROVISION OF CML LEGAL ASSISTANCE TO INDIGENT PERSONS AN EQUAL OPPORTUNITY EMPLOYER SEPTEMBER 28, 1999 -132- • • County Last Action Osceola County Proposed ordinance drafted at 30% APR. Hearing date is being set. Brevard County Commission directed on July 13 to advertise proposed title loan ordinance at 30% APR. Hearing date is being set. Indian River County Proposed ordinance drafted at 30% APR. Hearing not yet set. Bay County Commission directed on July 13 to draft title loan ordinance at 30% APR. Taylor County Commission directed on July 19 to draft title loan ordinance; didn't specify terms. Lee County Sen. Saunders made written request on July 15 for county to adopt 30% APR ordinance. Commission may hear ordinance in August. Collier County Sen. Saunders made written request on July 15 for county to adopt 30% APR ordinance. Pasco County Rep. Fasano made request May 4 for county to adopt 30% APR ordinance. =r. a.l_7Z' o•l,:rrI rnta7 jVUKI1rtL_Hk„k1I- . PRESS -JOURNAL FWfthad Daily Vara Bmh, Indian River County, Florida GIDLWTY OF MAN RIVER: STATE OF FLCFMA 09(oro Ola undarelpnad Wit ty pwaomty MWed Darryl K. WM Meta an oath nye Om he D PrOWITt of ft RUP40101al, a welly Pubil hW et Vero Beach In k diem RW County, FlWlde; that fits attached copy of edrertlGWNML W% r s In O,s msttnr In ft, cow, was pub DOW In #aid epw neweFin the tea M of � L� Affk nt furOw am Orel the add Pre a Wwr ai Is a neweaaoer oubpahed at Vwc Beech N xrd ides! map matter of file post orrice in Vero ONGA In eald mean Rlyff GOA , FW tor. e perlod of ane year next prece!% the that m acvft of the a of IrtliwhW4 and affiant tVrt w sage drat he has netOur pald nor prwn!W any peraa�i, firm X artwnt fa of iW tlat in a�aldta aabn a rotund uw purpose at serwitt� 11"1 1 �ubaalWd before Ire tele '3rd dsy � D.1s 9 �' *AT CaWIls N IVItes l#NteitT 01, tU91 • COMA4. �• CC611a93 My Commie�on ax . Jan. 1, 2001 Comm. No. CC e11 PersomilyKrmwn or Produced 10 Q Type of ID Pfoaced ...�. SEPTEMBER 289 1999 -133- I1V . 77Ca or Gar'. a/ CT as of [ado Rim Cmr&, r herby OIa�,140 nada of o haalaa s* W" far %U i d OF " LOAN P A TIRE C= OF LQ4 AND o WANCIS; Al9 PIMPING' AN EFFICM GAR bti' Ant art @dad Wo "y *1010 raimapOW be b"'s ' 'tea opo6 Gey in Qa+aaai pabdk• dwhla l,�l`° hen a1 AD DfAaa d tM CI IM award of Cagily ar; 1140 2Ah Siraat Veo Florida AWM WM may,,4 tb ap . m thb map .rlll and to t t MW a vela" scare 0 ala pro. arallpt Is meds WW Iadaea� hathaay ane arNnw „poy NN'appaol is bowed.. Alga■ whe "I* a' aaoemnadaaa hx thU alay �Caaly`Aqa 0aa1 MI}h aaar at W_11000, eat. 777 4W Aa ban is adralq d SaW. iL 19i9 17e6¢�• 'I BOOK 9.B.1. PUBLIC DISCUSSION ITEM - FRANK ZORC - REQUEST TO AMEND AND MODIFY 99 -YEAR LEASE - ST. FRANCIS MANOR The Board reviewed a Memorandum of August 31, 1999: E NTS Of Vero Beach, Inc. 173010TH AVENUE VOW BEACH, FLORIDA UM (300554 373 Suamm Ma=W August 31, 1999 17 Indian River County Commission Fax 770-S09S 1840 25th. St. Vero Beach, Florida 32960 Dear Commissioners: RE' AMENDMENT AND MODIFICATION OF NINETY NINE YEAR LEASE. DATED 0TH. SEPT. 1994 I wish to disems �YOur�conAdy tion for further extension of the above. IFJL Zoff President, Emeritus 2044 De Leon Ave Ven Beach, Florida 32960 1-S61-5624646 SEPTEMBER 28, 1999 COPIES: AU Board Members -134- Frank Zore, 2044 DeLeon Avenue, President of St. Francis Manor for 25 years, noted that the Manor has the very lowest rents in the state. The County granted a lease to the Manor on some adjacent land, contingent on the development of assisted living facilities. The plans have been completed and the only remaining hindrance is financial. The residents have such low incomes that they cannot pay enough to cover minimum costs but federal subsidies are not available to privately owned facilities. He asked the Board to grant an extension of time to enable them to raise the necessary funding. Chairman. Macht questioned whether there would be any legal impediment, and County Attorney Vitunac responded that a new lease could be prepared. ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously directed staff to prepare a new lease and return to the Board for approval. 9.B.2. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - LEGAL MATTERS FACING CITIZENS OF THE COUNTY The Board reviewed a letter of September 8, 1999: County Commission Chairman Brian T. Heady County Commission 406 191b Street Indian River County Vero Beach Fl, 32960 County office Building Veto Beach Fl, 32960 Dear Chairman. September 8, 1999 Please put me on the agenda for the next meeting. ley Topic will be legal matters facing citizens of Indian River County. Thank you for your assistance in this matter. SEPTEMBER 28, 1999 SincereI , Brian T. Heady -135- Brian T. Heady, 406 19'h Street, commented regarding the following matters: (1) regarding the Lewis Barton matter, Mr. Heady felt that the Board should have allowed Mr. Barton to present his proposed settlement; (2) regarding the School District, Mr. Heady felt that the Board should attend to its own business and let the School District attend to theirs; and (3) regarding the beach renourishment project, Mr. Heady felt that the problems with erosion are manmade and the elected officials are now asking the taxpayers to rebuild the barrier island. He believed that the taxpayers should be asked what they want in a binding referendum. NO ACTION REQUIRED OR TAKEN. 9.C. PUBLIC NOTICE ITEM - BREWER INTERNATIONAL - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL TO EXPAND AN EXISTING AGRICULTURAL BUSINESS LOCATED BETWEEN 901H AVENUE AND I-95, 600' SOUTH OF 8' STREET - PUBLIC HEARING SCHEDULED FOR OCTOBER 5,1999 Quasi -Judicial) The Chairman read a Memorandum of September 20, 1999: SEPTEMBER 28, 1999 -136- C TO: James E. Chandler County Administrator D ION HEAD CONCURRENCE: M. Keating, AI v Community Development Direcfdr THROUGH: Stan Boling�AI�CP Planning Director FROM: John W. McCoy, AICP�do m Senior Planner, Current Development DATE: September 20, 1999 SUBJECT: Notice of Scheduled Public Hearing for the October 5, 1999 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 28, 1999. Please be advised that the following public hearing has been scheduled for Board consideration at its October 5, 1999 meeting. 1. Brewer International's request for special exception use approval to expand an existing agricultural business. The subject property is located between 90"' Avenue and I-95, approximately 600' south of 8`" Street (Quasi-judicial). The above referenced public hearing date is provided for the Board's information. No action is needed. NO ACTION REQUIRED OR TAKEN. SEPTEMBER 28, 1999 -137- EOn K .e • r' • 11.E. POLICY REGARDING REVENUE FOR SHERIFF'S OUT - OF -COUNTY PRISONERS The Board reviewed a Memorandum of September 22, 1999: TO: Members of the Board of County Commissioners DATE: September 22, 1999 CONSENT AGENDA SUBJECT: Policy for Housing Out -of -County Prisoners Sheriffs Office FROM: Joseph A. Baird OMB Director (OP At the request of the Board of County Commissioners, staff is forwarding a policy of how revenue received from housing out -of -county prisoners will be handled in the future. 1. The Sheriff's Office shall attempt to seek out -of -county prisoners to fill the vacancies in the County jail. 2. The Sheriff's Office will bill the appropriate agencies monthly for the prisoners that were housed in the jail. 3. Upon receipt of the revenue from housing the out -of -county prisoners, the Sheriff's office will deposit those funds in the Sheriffs Office Operating Account. 4. After receipt of the revenue, the Sheriffs Office will request on a monthly or quarterly basis, a Budget Amendment from the Board of County Commissioners to appropriate the revenues and expenses. 5. The Budget Amendment request will be accompanied with a breakdown showing (a) the agency from which the revenue was received; (b) the number of prisoners housed and the charge per prisoner. 6. The Sheriffs Office will first use the revenue to offset the expense of housing the prisoners at a cost of up to $15.00 per day and the remaining balance will be used to supplement other programs in the Sheriff s Office. 7. The Budget Amendment expenditure categories will be as set forth in Chapter 30.49 of the Florida Statutes. 8. If the Sheriff uses the revenue to purchase capital, a list of the proposed capital items should be included with the request. 9. A brief summary of the areas the Sheriff plans to supplement with prison revenue shall be included with the budget request. SEPTEMBER 28, 1999 -138- • RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Policy for Housing Out - of -County Prisoners. After general discussion, Commissioner Adams asked that staffinclude arrangements to fund maintenance costs, and Sheriff Gary Wheeler agreed with the concept. ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved the Policy for Revenue Received From.Housing Out -of -County Prisoners, as recommended by staff, and directed staff to arrange a fund to cover the maintenance costs at the jail. 11.G.1. OSLO ROAD & 27TH AVENUE INTERSECTION IMPROVEMENTS AND 5 -LANE WIDENING OF OSLO ROAD - DICKERSON FLORIDA -CHANGE ORDER NO.3 The Board reviewed a Memorandum of September 10, 1999: TO: THROUGH: FROM: SUBJECT: DATE: James Chandler, County Administrator James W. Davis, P.E., Public Works it AND Christopher J. Kafer, Jr., P.E., County Michelle A. Gentile, CET, Civil Engin Change Order No. 3 for Intersection Improvements to Oslo Road & 276 Avenue and 5 Lane Widening of Oslo Road - IRC Project # 9723 September 10, 1999 SEPTEMBER 289 1999 -139- • I DESCRIPTION AND CONDITIONS Construction of the above mentioned project is complete. The delay in completion of the project was due to the delivery of the Mast Arms. They are now installed and all lanes are open to traffic. Attached is an itemized list ofthe overruns, underiuns and additional work required to complete the project. These items will constitute change Order No. 3 and shall be the last change order for this contract. At this time the contractor is asking for a release of 5% of the retainage, the Engineering Division will retain 5% of this contract until remedial work on the sod for the project has been completed. This amount will more than cover the cost for this work. Staff recommends approval of Change Order No. 3 in the amount of $60,591.20. This will increase the contract amount of $1,204,889.30 to $1,265,480.50. Total Change Orders for this contract amounts to approximately 4% of the original contract price. We are receiving a refund of $21,395.04 from the FDOT for drainage work required by the IRFWCD that was not performed during FDOT construction in 1997. Funding for this project will come from Traffic Impact fees, District 6 and Developer's Agreement with the Oslo Plaza ($150,000 plus sidewalk construction in the amount of $14,421.23) ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously approved Change Order No. 3 in the amount of $60,591.20, increasing the contract amount to $1,265,480.50, as recommended by staff. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SEPTEMBER 28, 1999 -140- • 11.G.2. EMERGENCY SAND PLACEMENT AT COUNTY PARKS - POST -STORM (HURRICANE FLOM BEACH PROFILE SURVEYS The Board reviewed a Memorandum of September 23, 1999: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Jeff Tabar, P.E. Coastal Engineer SUBJECT: Emergency Sand Placement at County Parks including Post -Storm Beach Profile surveys DATE: September 23, 1999 DESCRIPTION AND CONDITIONS To restore critically eroded County Park Beaches and to document post -storm erosion along the 22 miles of county Atlantic Ocean Shoreline, the following emergency purchase orders are recommended: 1) Beach Compatible Sand Purchase: 5,000 c.y. @ $5.00/c.y. _ $75,000.00 Fisher & Sons, or Saw Mill Ridge, depending price negotiation 2) Equipment Rental for Sand Placement: 1 - 51/4 c.y. Bucket Front End Loader Neff Equipment - West Palm Beach $6,150/month or $1,900/week as needed Staff anticipates no longer than 1 month. 3) Post -Storm: Beach Profile Survey - Entire County Coastline Not to exceed $10.800.00 Morgan & Eklund Surveyors, Wabasso. Florida SEPTEMBER 28, 1999 -141- RECEIVED SEP 2 4 CLERK TO THE BOARD • Public Works Director Jim Davis noted that representatives fromthe State Department of Environmental Protection and County Coastal Engineer Jeff Tabar had traversed the County's beaches from south to north and met with private property owners. The DEP is honoring most scraping permits and the turtle people are being cooperative. No active turtle nests have been found in those areas. Local contractors are beginning to mobilize and have requested the use of Wabasso Beach Park for access, which staff has approved with the condition that each contractor build his own access. FEMA has indicated that they will be able to provide up to 75% of the funding for the sand at Wabasso Beach Park. Responding to questioning about the Gerstner seawall, Commissioner Adams advised that the State has taken the position that Gerstner will have to wait for approval of the Habitat Conservation Plan, move the wall, or sue. Commissioner Ginn expressed her concern with the conditions given to Gerstner and stated that she intended to continue to pursue a resolution. Director Davis noted that County staff has not taken an active role in the Gerstner matter. The seawall permits issued by the County and the State were very clear as to the location of the wall. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved restoration of critically eroded County Park Beaches and approved the emergency purchase orders for (1) beach compatible sand purchase from Fisher & Sons or Saw Mill Ridge; (2) equipment rental for sand placement from Neff Equipment, West Palm Beach; and (3) post - storm beach profile survey of the entire county coastline by Morgan & Eklund Surveyors; all as recommended by staff. SEPTEMBER 28, 1999 -142- • 11.K SEBASTIAN WATER -EXPANSION - PHASE 3 - REQUEST FOR AUTHORIZATION TO PROCEED WITH SURVEY - CARTER ASSOCIATES The Board reviewed a Memorandum of September 17, 1999: DATE: SEPTEMBER 17, 1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E, I H DIRECTOR OF UTILITY E PREPARED MICHAEL C. HOTCHKISS, P.E. 3fW AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SEBASTIAN WATER EXPANSION -PHASE 3 REQUEST FOR AUTHORIZATION TO PROCEED WITH SURVEY INDIAN RIVER COUNTY PROJECT NO. UW -97 -16 -DS BACKGROUND On September 29, 1995, Indian River County entered into an inter -local agreement with the City of Sebastian to assume ownership of the City's water distribution and wastewater collection system. As part of the contract, the County agreed to expand the water distribution system into the Sebastian Highlands Subdivision through a three -phased construction project. The first phase was designed, surveyed and inspected by the City's designated engineering firm, Masteller and Moler, Inc., for a fee of $261,215.00. The second and third phases will be designed and inspected by the Department of Utility Services engineering staff. Phase 2 is underway and approximately one-half complete. On December 18, 1996 the Board of County Commissioner's approved a continuing services contract with Masteller, Moler and Reed, Inc., Carter Associates, Inc. and Kimbley Horn for surveys exceeding $10,000.00 (see attached agenda item and minutes) on a rotating basis. Masteller, Moler and Reed, Inc. fulfilled their contract in Phase 2. As designated by the Board of County Commissioners, Carter Associates, Inc. is the second firm in the order of selection under this contract. Staff is now ready to proceed with design and is requesting authorization for Carter Associates, Inc. to survey the project and provide a base map through the continuing services contract. SEPTEMBER 28,1999 -143- „ . f� • ANALYSIS The Phase 3 water expansion project will involve constructing approximately 41.5 miles of various sized water main, services and fire protection at an estimated cost of $6,135,000.00 (based on proportionate equivalence to Phase 2 estimate), compared to an estimated $2,969,630.00 for 23 miles of facilities constructed in Phase 1 and $5,888,376.80 for 39.1 miles of facilities presently being constructed in Phase 2. Phase 3 consists of 1,700 existing homes compared to 700 existing homes in Phase 1. Staff has negotiated with Carter Associates, Inc. to survey the project for $151,976.00 ($3,662 per mile -see attached contract). By comparison, Phase 1 was surveyed for $72,500.00 ($3,152 per mile), and Phase 2 was surveyed for $145,202.00 ($3,714 per mile). Staff believes that Carter Associates, Inc.'s proposal is reasonable considering that Phase 3 has 180% more pipe and 211% more existing features (i.e., driveways, wells, etc. that must be incorporated into the design) than Phase 1. RECON—BUNDATION The staff of the Department of Utility Services recommends the Board of County Commissioners approve the attached contract for survey services in the amount of $151,976.00 and authorize the Chairman to execute same, as presented. Account No. Account Name Amount 47240-169-370.00 Utility Impact Fee Fund $27,750.00 ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, the Board unanimously approved the Specific Work Authorization for Sebastian Water Expansion Phase III with Carter Associates, Inc. in the amount of $151,976 and authorized the Chairman to execute same, as recommended by staff. WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SEPTEMBER 28, 1999 -144- 13A COMMISSIONER RUTH STANBRIDGE — GIFFORD COMMUNITY CENTER — COUNCIL ON AGING "MEALS ON WHEELS" SERVICE The Board reviewed a Memorandum of September 17, 1999: DATE: September 17,1999 TO: Commissioners, Board of County Commission FROM: Ruth Stanbridge, County Commissioner SUBJECT: Council on Aging - Gifford Community Center The Gifford Progressive Civil League has for many years done an outstanding job with their commitment to the citizens of Gifford and Indian River County. People do not realize the volunteer time and the energy this group has expended helping those less fortunate. As a new commissioner, I am continuing to learn about countywide programs important to the well being of all our citizens. One of these programs is the Meals on Wheels offered by the Council on the Aging. At present, this program is offered in the Gifford Community Center and the Council pays $150.00 per month [$1,800.00] for the space. In researching ways to help the Council expand their Meals on Wheels in that community, I find that the building is a county owned building leased to the Gifford Progressive League for community programs. By checking with the county's budget and management office, I find that all maintenance and overhead expenses for this building have already been allocated by the Commission. The League would have no additional expenses with the expansion of this program. Therefore, I would like to request the Board of County Commission offer the Council on Aging space in the Center as of October 1,1999 free of charge. I would like to request the Council on Aging expand their Meal on Wheels program to meet the growing needs of the elderly in the Gifford community. Commissioner Stanbridge wanted the Board to be aware that the Council on Aging and the Gifford Civic Progressive League have provided an additional expansion to the Meals on Wheels program. Senior citizens will enjoy coming out for companionship, free meals and free cable television. NO ACTION REQUIRED OR TAKEN. SEPTEMBER 289 1999 • a -145- Boor�� , bo ' There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:13 a.m. ATTEST: • Minutes Approved: SEPTEMBER 28, 1999 -146- -I