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HomeMy WebLinkAbout3/21/20000 0 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, MARCH 21, 2000 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25b Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Caroline D. Ginn, Vice Chairman (District 5) Kenneth R. Macht (District 3) Ruth M. Stanbridge (District 2) John W. Tippin (District 4) James E. Chandler, County Administrator Terrence P. O'Brien, Acting County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION Ray Scent, Chaplain, I.R. Mem. Hosp. 3. PLEDGE OF ALLEGIANCE James E. Chandler 4. ADDITIONS/DELETIONS to the AGENDA/EMERGENCY ITEMS ADDITIONS: 7.P. Resolution Supporting Funding - Archie Carr National Wildlife Refuge 8.C. 1998 COPS MORE Retention Plan DELETIONS: S.B. Withdrawn prior to meeting. 93. Withdrawn during the meeting. 5. PROCLAMATION and PRESENTATIONS A. Presentation of Proclamation to Jose R. Diaz Upon His Retirement from Indian River County Utilities Department 1-2 B. Presentation of Proclamation Designating April 1, 2000 as Census Day (no backup provided) 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1. Report of Convictions, February, 2000 2. Public Facilities Report Update for Fellsmere Water Control District BOOK `AGE -'VA 7. CONSENT AGENDA (cont'd.): BACKUP A. (cont'd.): PAGES 3. Public Facilities Report Update for I.R. Farms Water Control District 4. Public Facilities Report Update for Delta Farms Water Control District S. Public Facilities Report Update for Sebastian River Water Control District 6. Public Facilities Report Update for Vero Lakes Water Control District B. Approval of Warrants (memorandum dated March 9, 2000) 3-12 C. Authorization for Commissioners to attend Third Annual Agro -ecology Conference in Palm Beach Gardens, PGA Marriott Hotel, May 15-18,2000 13-17 D. Recently Acquired Property — Tax Cancellation (memorandum dated March 3, 2000) 18-28 E. Resolutions Accepting Right -of -Way Dedications and Purchases, and Cancelling Taxes on Acquired Property (memorandum dated March 9, 2000) 29-55 F. State Fiscal Year 2001 Anti -Drug Abuse Grant Funding Certificate of Participation (memorandum dated March 15, 2000) 56-64 G. A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING NASA AND THE STATE OF FLORIDA'S PARTNERSHIP TO FINANCE, DEVELOP AND OPERATE THE PROPOSED SPACE EXPERIMENT RESEARCH AND PROCESSING LABORATORY (SERPL) AT KENNEDY SPACE CENTER, FLORIDA 65-67 H. Smigiel Partners IV LTD's Request for Final Plat Approval for Waters Edge Subdivision Phase I, Previously Known as Oleander Gardens (memorandum dated March 14, 2000) 68-83 Norman Wells Request for Release of a Portion of an Ease- ment at 1346 45`h Avenue (Idlewild Subdivision No. 2) (memorandum dated March 13, 2000) 84-90 BACKUP 7. CONSENT AGENDA (cont'd.): PAGES J. Garrick B & Doreen J. Kantzler Request for Release of Easement at 101 Sandpointe Drive (Sandpointe West) (memorandum dated March 8, 2000) 91-96 K. Consideration of Indian River Lagoon Scenic Highway Corridor Management Entity Agreement (memorandum dated March 13, 2000) 97-104 L. Declare Equipment Surplus for Sale or Disposal (memorandum dated March 14, 2000) 105-106 M. Bid Award: IRC Bid 2033 / Purchase of Lube Truck Body (memorandum dated March 14, 2000) 107-112 N. Jungle Trail Conservation Area Advisory Group (memorandum dated March 13, 2000) 113-118 O. Miscellaneous Budget Amendment 07 (memorandum dated March 15, 2000) 119-126 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Sheriff Gary C. Wheeler: Approval of Federal Equitable Sharing Agreement 127-131 B. SheriffGara C. Wheeler: Budget Adjustment / Out -of -County Inmate Revenue (letter dated March 13, 2000) 132-133 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 101.06 OF THE INDIAN RIVER COUNTY CODE Reorganization of Office of County Attorney 134-137 2. Approval of Purchase of the Casey Parcels of the Round Island South LAAC Site Legislative (memorandum dated March 13, 2000) 138-156 3. County initiated request to amend the Comprehensive Plan to redesignate ±1.39 acres from L-2 to C-1, and to Rezone those ±1.39 Acres from RS -1 to Con -1; and to Rezone ±0.54 Acres from RS -1 to RS -6 Legislative (memorandum dated March 14, 2000) 157-186 9. PUBLIC ITEMS (cont'd.): BACKUP B. PUBLIC DISCUSSION ITEMS PAGES Appeal by Bill Mills of County Administrator's Decision that the Project Developer is Responsible for Making Improvements Necessary to Meet the Fire Code for the Sullivan Storage Building at 890 9h Place (memorandum dated March 13, 2000) 187-206 C. PUBLIC NOTICE ITEMS Fla. Dept. of Environmental Protection, Division of Recreation and Parks have scheduled the following: Tuesday, April 4, 2000, 7:00 p.m. — Public Workshop to present current management plan for Sebastian Inlet State Recreation Area; Wednesday, April 5, 2000, 9:00 am. — DEP Advisory Group meeting for Sebastian Inlet State Recreation Area (letter dated February 15, 2000) 207-210 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Request for Clarification on Development Review of Construction Seaward of the Coastal Construction Control Line (memorandum dated March 14, 2000) 211-217 B. Emergency Services Approval of the FY2000 State and Local Assistance Agreement (SLA) Grant and Appropriate Expenditures to Irnprove and Expand the Emergency Management Program (memorandum dated March 13, 2000) 218-237 C. General Services Telephone Billing Audit (memorandum dated March 14, 2000) 238-244 D. Leisure Services None E. Office of Management and Budget 1. Settlement; Workers' Compensation Claim (memorandum dated March 13, 2000) 245 11. DEPARTMENTAL MATTERS (cont'd.): BACKUP E. Office of Manaeement and Budget (cont'd.) PAGES 2. Annual Self -Insurance Fund Actuarial Study (memorandum dated March 13, 2000) 246 3. Proceeding with Westgate Colony Streetlighting District (memorandum dated March 10, 2000) 247-250 4. 2000/2001 Budget Workshop / Hearing Schedule (memorandum dated March 15, 2000) 251 F. Personnel Addendum to Health Insurance (memorandum dated March 15, 2000) 252-253 G. Public Works 1. Children's Home Society Land Parcel located on Oslo Road (memorandum dated March 13, 2000) 254-262 2. Prange Islands Conservation Area Public Improve- ments — FIND GRANT APPLICATION (memorandum dated March 15, 2000) 263-267 3. FIND Grant Application for Phase I — Permitting and Design of Jungle Trail Shoreline Stabilization (memorandum dated March 8, 2000) 268-294 4. Joint County / School District Fueling Depot, Fleet Management Complex and Public Works Complex — Amendment #1 to the Professional Architectural / Engineering Services Contract and Joint Participation Agreement (memorandum dated February 24, 2000) 295-340 5. North County Regional Park Engineering and Archi- tectural Services (memorandum dated March 14, 2000) 341-36. 6. North County Regional Park Sublease (memorandum dated March 14, 2000) 362-378 H. . Utilities 1. Telephone System Upgrade (memorandum dated March 3, 2000) 379-387 BOOKe Ft�G� ,'j BOOK d r L1 B. Vice Chairman Caroline D. Ginn C. Commissioner Kenneth R. Macht 1. Input for the Economic Summit (no backup provided) 2. Comment about Emergency Services (no backup) D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BACKUP 11. DEPARTMENTAL MATTERS (cont'd.): PAGES H. Utilities (cont'd.): 2. Bid Recommendation for Sewer Project Horizontal Directional Drilling (memorandum dated March 13, 2000) 388-397 3. Department of Community Affairs Annual Risk Management Plan Registration Fee (memorandum dated March 13, 2000) 398-405 I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams B. Vice Chairman Caroline D. Ginn C. Commissioner Kenneth R. Macht 1. Input for the Economic Summit (no backup provided) 2. Comment about Emergency Services (no backup) D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BACKUP 14. SPECIAL DISTRICTSBOARDS PAGES A. Emergence Services District None B. Solid Waste Disposal District 1. Bid Award #2030 / Purchase of Two (2) Sludge Hauling Trailers (memorandum dated March 14, 2000) 406-413 2. Annual Financial Assurance Engineers Report (memorandum dated March 7, 2000) 414-424 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Meeting may be broadcast live on AT & T Cable Channel 13 Rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. • • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF MARCH 21, 2000 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA ................................... 1 5.A. PROCLAMATION - JOSE R DIAZ - RETIREMENT FROM UTILITIES DEPARTMENT ................................................. 2 5.13. PROCLAMATION - DESIGNATING APRIL 1, 2000 AS CENSUS DAY .... 4 6. APPROVAL OF MINUTES ....................................... 4 7. CONSENT AGENDA ............................................ 4 7.A. Reports .................................................. 4 7.B. Approval of Warrants ....................................... 4 7.C. Commissioners Authorized to Attend Third Annual Agro -Ecology Conference - Palm Beach Gardens - May 15-18, 2000 .............. 13 7.D. Resolution Nos. 2000-023 thru 2000-025 - Recently Acquired Property - Tax Cancellation - Dinda Family Trust (3 parcels) - Right -of -Way 16th 7.E. Street................................................... Resolution Nos. 2000-026 thru 2000-030 - Accepting Right -of -Way 13 Dedications and Purchase, and Cancelling Taxes on Acquired Property - 37th Place R/W and Pointe West Project R/W's .................. 22 7.F. Anti -Drug Abuse Grant Funding FY 2001- Florida Department of Community Affairs - Certificate of Participation .................. 49 7.G. Resolution No. 2000-031- Supporting National Air and Spee Administration (NASA) and the State of Florida's Partnership to Finance, Develop and Operate the Proposed Space Experiment Research and Processing Laboratory (SERPL) at Kennedy Space Center .......... 50 1 I BOOK e MI'llE .� 7.H. Waters Edge Subdivision Phase I (fka Oleander Gardens) Final Plat Approval Requested by Smigiel Partners IV LTD - Contract for Construction of Required Improvements .......................... 54 7.I. Resolution No. 2000-032 - Abandoning a Portion of an Easement at 1346 45th Avenue, Lot 6, Block 3, Idlewild Subdivision No. 2 - Requested by Norman Wells ............................................ 56 7.J. Resolution No. 2000-033 - Abandoning a Landscape Easement on Lot 17, Sandpointe West Subdivision (101 Sandpointe Drive) - Requested by Garrick B. & Doreen J. Kantzler .............................. 60 7.K. Indian River Lagoon Scenic Highway Corridor Management Entity Agreement Approval (Marine Resources Council) ................. 64 7.L. Equipment Declared Surplus for Sale or Disposal ................. 66 7.M. Bid Award #2033 - Purchase of Lube Truck Body for Road and Bridge Division - Lube Specialists of Lake City, Florida .................. 68 7.N. Sunset the Jungle Trail Conservation Area Advisory Group (Established by Resolution No. 98-89) ...................................... 69 7.0. Miscellaneous Budget Amendment 007 ......................... 70 7.P. Resolution No. 2000-034 - Supporting the Amount of $6,000,000 for Acquisition of 12 Additional Acres within the Archie Carr National Wildlife Refuge ........................................... 77 8.A. SHERIFF GARY C. WHEELER - APPROVAL OF FEDERAL EQUITABLE SHARING AGREEMENT (U. S. DEPARTMENT OF JUSTICE) .......... 79 8.B. SHERIFF GARY C. WHEELER - BUDGET ADJUSTMENT - OUT -OF - COUNTY INMATE REVENUE - JANUARY 2000 .................... 79 8.C. SHERIFF GARY C. WHEELER- COPS MORE 1998 RETENTION PLAN.. 81 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2000-007 - AMENDING SECTION 101.06 OF THE INDIAN RIVER COUNTY CODE (REORGANIZATION OF OFFICE OF COUNTY ATTORNEY) ............................... 82 9.A.2. PUBLIC HEARING - ROUND ISLAND SOUTH LAAC SITE - PURCHASE OF CASEY PARCELS APPROVED IN PARTNERSHIP WITH FLORIDA COMMUNITIES TRUST ......................................... 85 9.A.3. PUBLIC HEARING - ORDINANCE NOS. 2000-008 AND 2000-009 - COUNTY INITIATED AMENDMENTS TO COMPREHENSIVE PLAN AND ZONING ORDINANCE - THOMAS AND GRETCHEN COLLINS (Legislative) ............................................................. 90 2 9.B. PUBLIC DISCUSSION ITEM - APPEAL BY BILL MILLS OF COUNTY ADMINISTRATOR'S DECISION THAT THE PROJECT DEVELOPER IS RESPONSIBLE FOR MAKING IMPROVEMENTS NECESSARY TO MEET THE FIRE CODE FOR THE SULLIVAN STORAGE BUILDING AT 890 9TH PLACE...................................................... 110 9.C. PUBLIC NOTICE ITEMS - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS HAS SCHEDULED THE FOLLOWING: TUESDAY, APRIL 4,2000,7:00 P.M. - PUBLIC WORKSHOP TO PRESENT CURRENT MANAGEMENT PLAN FOR SEBASTIAN INLET STATE RECREATION AREA; WEDNESDAY, APRIL 5, 2000,9:00 A.M. - DEP ADVISORY GROUP MEETING FOR SEBASTIAN INLET STATE RECREATION AREA ............................. 110 1 LA. CLARIFICATION ON DEVELOPMENT REVIEW OF CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) - (PREVIOUS ITEM: BOSTON HOMES, INC.'S DEVELOPMENT "ORCHID DUNES") .................................................... 112 11.13. APPROVAL OF FY 2000 STATE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EMPA) AND STATE LOCAL ASSISTANCE AGREEMENT (SLA) GRANT AND APPROPRIATE EXPENDITURES TO IMPROVE AND EXPAND THE EMERGENCY MANAGEMENT PROGRAM ................................... 126 11. C. TELEPHONE BILLING AUDIT -CONSULTING AGREEMENT WITH NATIONAL COST REDUCTION GROUP .......................... 129 ILEA. SETTLEMENT - WORKERS' COMPENSATION CLAIM - MARY WILLIAMS (FORMER ROAD & BRIDGE EMPLOYEE) ......... 130 l l.E.2. ANNUAL SELF-INSURANCE FUND ACTUARIAL STUDY - PRICEWATERHOUSECOOPERS, LLP ....................... 131 l l.E.3. WESTGATE COLONY STREETLIGHTING DISTRICT - PRELIM]IINARY ESTIMATES .............................. 132 l l.E.4. SCHEDULE BUDGET WORKSHOP & BUDGET HEARING DATES - FY 2000/2001 ........................................... 133 3 I BOOK je j F'�,�E 1 LF. ADDENDUM TO HEALTH INSURANCE - GUARANTY OF PAYMENT - SPECIFIC FEE ARRANGEMENT FOR RECONSTRUCTIVE PLASTIC SURGERY SERVICES WITH RALPH M. ROSATO, M.D.,F.A.C.S ...... 134 11.G.1. CHILDREN'S HOME SOCIETY PARCEL OF LAND ON OSLO ROAD - EXERCISE OF COUNTY'S RIGHTS TO BUY BACK ........... 136 11.G.2. RESOLUTION NO. 2000-035 - FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION - PRANGE ISLANDS CONSERVATION AREA PUBLIC IMPROVEMENTS ........... 138 11.G.3. RESOLUTION NO. 2000-036 - FLORIDA INLAND NAVIGATION DISTRICT (FIND) APPLICATION FOR PHASE I - PERMITTING AND DESIGN OF JUNGLE TRAIL SHORELINE STABILIZATION ..... 142 11.G.4. JOINT INDIAN RIVER COUNTY -INDIAN RIVER COUNTY SHERIFF - INDIAN RIVER COUNTY SCHOOL DISTRICT FUELING DEPOT, FLEET MANAGEMENT COMPLEX AND PUBLIC WORKS COMPLEX - AMENDMENT #1 TO THE PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES CONTRACT (HANSON ENGINEERS) AND JOINT PARTICIPATION AGREEMENT ..... 145 11.G.5. NORTH COUNTY REGIONAL PARK ENGINEERING AND ARCHITECTURAL SERVICES - PROJECT NO. 9926 - PROFESSIONAL SERVICES AGREEMENT - BRAD SMITH ASSOCIATES, INC. (WELLER POOLS) ...................... 148 11.G.6. NORTH COUNTY REGIONAL PARK SUBLEASE - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF COASTAL AND AQUATIC MANAGED AREAS - AIRMASTER'S MODEL AIRPLANE CLUB - ST. SEBASTIAN RIVER BUFFER PRESERVE (CORACI).................................... 150 11.H.1. TELEPHONE SYSTEM UPGRADE - DEPARTMENT OF UTILITY SERVICES - NEC BUSINESS NETWORK SOLUTIONS, INC. - BASIC RATE ISDN LINES (ESSX)................................ 152 11.H.2. BID #2022 - RECOMMENDATION FOR SEWER PROJECT HORIZONTAL DIRECTIONAL DRILLING - ROCKRIDGE SEWAGE COLLECTION SYSTEM - TRI -SURE CORPORATION ......... 155 4 11.H.3. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) - PAYMENT OF ANNUAL RISK MANAGEMENT PLAN REGISTRATION FEE .................................... 157 13.A.1. CHAIRMAN ADAMS - INTRODUCTION OF BILLY CHESTNUT . 160 13.C.1. COMMISSIONER MACHT - INPUT FOR THE ECONOMIC SUMMIT ............................................................ 160 13.C.2. COMMISSIONER MACHT - COMMENT ON EMERGENCY MANAGEMENT - FIRE DIVISION .......................... 160 14.A. EMERGENCY SERVICES DISTRICT ........................ 161 14.13. SOLID WASTE DISPOSAL DISTRICT ....................... 161 14.C. ENVIRONMENTAL CONTROL BOARD ..................... 161 5 800 [ March 21, 2000 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25 h Street, Vero Beach, Florida, on Tuesday, March 21, 2000. Present were, Fran B. Adams, Chairman; Caroline D. Ginn, Vice Chairman; Kenneth R. Macht; Ruth Stanbridge; and John W. Tippin. Also present were James E. Chandler, County Administrator; Terrence P. O'Brien, Acting County Attorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. She extended sympathy on behalf of the Board of County Commissioners to Supervisor of Elections Kay Clem on the death of her mother. She also wished Acting County Attorney O'Brien a happy birthday. 2. INVOCATION Rev. Roger Ball, Immanuel Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Tippin led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Adams requested the addition of item 7.P., a resolution supporting funding for additional land for the Archie Carr National Wildlife Refuge. She also announced the March 21, 2000- 1 e•��� vG �'r�i L„ B 0 0 K PAGE addition of 8.C., Sheriff Gary Wheeler's request to approve the 1998 COPS MORE Retention Plan. (CLERK'S NOTE: The following items were withdrawn: 5.B. - withdrawn by Vice Chairman Ginn prior to the meeting; and 9.B. - withdrawn during the meeting.) ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously made the above changes to the agenda as requested. 5.A. PROCLAMATION - JOSE R. DIAZ - RETIREMENT FROM UTILITIES DEPARTMENT Chairman Adams read and presented the following proclamation It was accepted by. Jose Diaz who expressed his thanks to the Board of County Commissioners and his friends in the Utilities Department. sA PROCLAMATION WHEREAS, Jtne R. Diaz announces hhr redremeat from the Indlnn River County UtNitles Department and Indian River County Board of County Commissioners, effective March 30, 2000. ii'IIEREAS, Jose R Diaz began his employment with Indian River County on March /2,1990. He began his career as o ProJeet Engineer, and that is the position he continued to hold throughout his tenure with the County, and WHEREAS, Jose R Diaz has always arempUJied the highest professional and ethical standards applicable to the profession of engineering during his years with the County, and WHEREAS, Jose R. Diaz has always extended the utmost courtesy and kindness to both fellow employees and customers alfh4 and WHEREAS, Jose R Dlaz's friends and coworkers with him the very ' I best during his reth=ent; March 21, 2000 2 NOW THEREFORE, BE ITPROCLAIMED BY TRE BOARD OF COUNTY COMMISSIONERS OFINDIANRIM COUNTY. FLORIDA, that the Board wishes to express then• deep appreciation of JOSE R DIAZ; for his dedicatdon and exemphuy service to Indian River Couno! BE IT FURTHER PROCLAIMED, that the Board wishes hhn the very best in his future endeavors Dated this 21" Day ofMarah, 200a March 21, 2000- BOARD OF COUN77COMMLSSIONERS DVDIANRIM COUNTY, FLORIDA BYES QNL.C��//G�f/� FRANK. ADAMS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS Indian River County Vero Beach, Florida This is to certify that Jose R. Diaz is hereby presented this Retirement Award for outstanding performance and faithful service to Indian River County Board of County Commissioners for ten years of service on this 30' day of March 2000 S -, ��Oxe, s Donal R Hu66, Fon L Ads= Din�oordtleOigSenieey QhdfMWABwddC0MCa , 3 5.B. PROCLAMATION - DESIGNATING APRIL 1. 2000 AS CENSUS DAY WITHDRAWN PRIOR TO MEETING. 6. APPROVAL OF MINUTES None. 7. CONSENT AGENDA 7.A. ftorts Received and placed on file in the Office of the Clerk to the Board 1. Report of Convictions - February 2000 2. Public Facilities Report Update for Fellsmere Water Control District 3. Public Facilities Report Update for Indian River Farms Water Control District 4. Public Facilities Report Update for Delta Farms Water Control District 5. Public Facilities Report Update for Sebastian River Water Control District 6. Public Facilities Report Update for Vero Lakes Water Control District NO ACTION REQUIRED OR TAKEN. 7.B. Approval of Warrants The Board reviewed a Memorandum of March 9, 2000: March 21, 2000 4 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MARCH 9, 2000 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of March 7, 2000 to March 9, 2000. Attachment ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period March 7-9, 2000, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0020443 AMERICAN DENTAL PLAN (FLORIDA) 2000-03-07 1,224.16 0020444 AMERICAN FAMILY LIFE ASSURANCE 2000-03-07 162.86 0020445 INDIAN RIVER COUNTY BOARD OF 2000-03-07 11.00 0278738 A A FIRE EQUIPMENT, INC 2000-03-09 876.00 0278739 ACE PLUMBING, INC 2000-03-09 355.00 0278740 ACTION TRANSMISSION AND 2000-03-09 127.32 0278741 AERO PRODUCTS CORPORATION 2000-03-09 165.96 0278742 AIRBORNE EXPRESS 2000-03-09 30.75 0278743 ALPHA ACE HARDWARE 2000-03-09 31.14 0278744 AMERICAN CONCRETE INDUSTRIES, 2000-03-09 924.00 0278745 ANIMAL CARE EQUIPMENT AND 2000-03-09 306.27 0278746 APPLE INDUSTRIAL SUPPLY CO 2000-03-09 2,530.13 0278747 AUTO SUPPLY CO OF VERO BEACH, 2000-03-09 3,569.37 0278748 AT EASE ARMY NAVY 2000-03-09 343.00 0278749 ABS PUMPS, INC 2000-03-09 2,005.70 0278750 ATLANTIC FORD TRUCK SALES, INC 2000-03-09 40,066.00 0278751 ADDISON OIL CO 2000-03-09 463.21 0278752 A T & T WIRELESS SERVICES 2000-03-09 354.67 0278753 ADAMS, FRAN B 2000-03-09 358.26 0278754 A T & T 2000-03-09 1,264.56 0278755 ALL INDIAN RIVER FENCE CO 2000-03-09 50.00 March 21, 2000- W I EOOK 'j F�1�E i CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0278756 ANIMAL MEDICAL CLINIC 2000-03-09 26.25 0278757 ALL COUNTY MOWER & EQUIP CO 2000-03-09 282.-73 0278758 AUTO PARTS OF VERO, INC 2000-03-09 1,543.76 0278759 ARCH PAGING 2000-03-09 589.93 0278760 ALTERATIONS 2000-03-09 19.50 0278761 A T & T 2000-03-09 132.78 0278762 AMERICAN ENGINEERING SERVICES 2000-03-09 770.40 0278763 ALTER, ARLEEN 2000-03-09 61.77 0278764 A T & T MEDIA SERVICES 2000-03-09 100.00 0278765 ADVANCETEC INDUSTRIES INC 2000-03-09 79.90 0278766 ADAMS, PAUL 2000-03-09 500.00 0278767 B & B INDUSTRIAL SUPPLY 2000-03-09 12.22 0278768 BAIRD, JOSEPH A 2000-03-09 1,098.80 0278769 BARTH CONSTRUCTION 2000-03-09 164,393.00 0278770 BARTON, JEFFREY K -CLERK 2000-03-09 2,496.25 0278771 BERNAN ASSOCIATES 2000-03-09 36.50 0278772 BRUGNOLI, ROBERT J PHD 2000-03-09 1,000.00 0278773 BARTON, JEFFREY K -CLERK 2000-03-09 2,885.00 0278774 BERGGREN EQUIPMENT CO, INC 2000-03-09 2,314.41 0278775 BARTON, JEFFREY K 2000-03-09 5,000.00 0278776 BARNETT BAIL BONDS 2000-03-09 7,497.00 0278777 BRAD SMITH ASSOCIATES, INC 2000-03-09 4,798.76 0278778 BAKER & TAYLOR INC 2000-03-09 2,589.07 0278779 BRODART CO 2000-03-09 2,834.00 0278780 BRANDTS & FLETCHERS APPLIANCE 2000-03-09 98.90 0278781 BROWN BAG Co 2000-03-09 51.53 0278782 BOYNTON PUMP & IRRIGATION 2000-03-09 235.45 0278783 BAKER & TAYLOR ENTERTAINMENT 2000-03-09 166.24 0278784 BELLSOUTH MOBILITY 2000-03-09 66.95 0278785 B -JAY PLUMBING, INC 2000-03-09 150.00 0278786 BOBCAT OF ORLANDO 2000-03-09 173.46 0278787 BEST POWER 2000-03-09 697.20 0278788 BMG 2000-03-09 84.59 0278789 BAKER SR, JOHN R 2000-03-09 1,534.55 0278790 BARATTA M. D. MICHAEL 2000-03-09 54,250.00 0278791 BELLSOUTH 2000-03-09 337.55 0278792 CAMERON & BARKLEY COMPANY 2000-03-09 598.42 0278793 CENTRAL AUDIO & VISUAL, INC 2000-03-09 361.50 0278794 CLEMENTS PEST CONTROL 2000-03-09 243.00 0278795 COASTAL GRAPHICS 2000-03-09 143.00 0278796 COLLINS, WILLIAM G II 2000-03-09 322.19 0278797 COLLISON'S AUTO & TRUCK REPAIR 2000-03-09 6,093.54 0278798 COMMUNICATIONS INT'L INC 2000-03-09 207.50 0278799 CORBIN, SHIRLEY E 2000-03-09 84.00 0278800 CHAMBER OF COMMERCE 2000-03-09 16,809.52 0278801 COASTAL REFINING & MARKETING 2000-03-09 18,156.34 0278802 CONNEy SAFETY PRODUCTS 2000-03-09 12.85 0278803 CLARKE, DOROTHEA 2000-03-09 23.49 0278804 CITGO PETROLEUM CORP 2000-03-09 1,470.44 0278805 COALITION FOR THE HOMELESS OF 2000-03-09 15,085.45 0278806 CINDY'S PET CENTER, INC 2000-03-09 23.42 0278807 CROSSROADS ANIMAL HOSPITAL 2000-03-09 15.00 0278808 COMMUNITY CHILD CARE RESOURCES 2000-03-09 19,665.00 0278809 CUSTOM PUMPS & CONTROLS INC 2000-03-09 44,100.00 0278810 C4 IMAGING SYSTEMS INC 2000-03-09 33.48 0278811 CORPORATION OF THE PRESIDENT 2000-03-09 110.50 0278812 CSR AMERICA, INC. 2000-03-09 743.08 0278813 CENTER FOR EMOTIONAL AND 2000-03-09 199.50 0278814 CRIMES COMPENSATION TRUST 2000-03-09 295.00 March 21, 2000 P March 21, 2000 VA BOOK I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0278815 CONSOLIDATED ELECTRICAL DIST 2000-03-09 1,600.00 0278816 CLORTEC 2000-03-09 6,000.00 0278817 CAMP, DRESSER & MCKEE INC. 2000-03-09 250.00 0278818 CLOSE, LARRY 2000-03-09 30.00 0278819 DAILY COURIER SERVICE 2000-03-09 459.50 0278820 DAVES SPORTING GOODS 2000-03-09 328.03 0278821 FLORIDA DEPARTMENT OF 2000-03-09 2,681.24 0278822 DEPENDABLE DODGE, INC 2000-03-09 1,329.60 0278823 FLORIDA DEPARTMENT OF BUSINESS 2000-03-09 117.59 0278824 DON SMITH'S PAINT STORE, INC 2000-03-09 965.79 0278825 DATA SUPPLIES, INC 2000-03-09 2,093.19 0278826 DIVE RESCUE INT'L, INC 2000-03-09 1,180.00 0278827 DAVIDSON TITLES, INC 2000-03-09 135.10 0278828 DATA FLOW SYSTEMS, INC 2000-03-09 6,006.65 0278829 DILLER BROWN & ASSOCIATES, INC 2000-03-09 2,710.60 0278830 DESIGNED TRAFFIC 2000-03-09 3,158.23 0278831 DOWNTOWN PRODUCE INC 2000-03-09 71.80 0278832 DOLPHIN DATA PRODUCTS INC 2000-03-09 148.53 0278833 E -Z BREW COFFEE SERVICE, INC 2000-03-09 30.50 0278834 ESRI, INC 2000-03-09 157.72 0278835 EXCHANGE CLUB CASTLE 2000-03-09 3,054.69 0278836 EDWARDS, DONALD B DMD PA 2000-03-09 75.00 0278837 F W P C 0 A TRAINING 2000-03-09 390.00 0278838 FEDEX 2000-03-09 33.13 0278839 FISHER SCIENTIFIC 2000-03-09 60.21 0278840 FLORIDA COCA-COLA BOTTLING CO 2000-03-09 838.00 0278841 FLORIDA POWER & LIGHT COMPANY 2000-03-09 3,577.73 0278842 FORBES, KEN ROOFING 2000-03-09 30.00 0278843 FLORIDA TIRE RECYCLING, INC 2000-03-09 1,810.80 0278844 FLORIDA DETROIT DIESEL -ALLISON 2000-03-09 1,837.62 0278845 FLORIDA MUNICIPAL INSURANCE 2000-03-09 81,556.00 0278846 FT PIERCE, CITY OF 2000-03-09 180.00 0278847 FLORIDA ANIMAL LEAGUE 2000-03-09 30.00 0278848 FACTICON, INC 2000-03-09 455.95 0278849 FACERS -FACERS TRESURER 2000-03-09 130.00 0278850 FIRESTONE TIRE & SERVICE 2000-03-09 458.31 0278851 FELIX EQUITIES, INC 2000-03-09 91,372.66 0278852 FLORIDA ONLINE, INC 2000-03-09 50.85 0278853 FLORIDA HIGHWAY PATROL 2000-03-09 25.00 0278854 GALE GROUP, THE 2000-03-09 858.42 0278855 GAYLORD BROTHERS, INC 2000-03-09 30.45 0278856 GENERAL GMC, TRUCK 2000-03-09 1,051.15 0278857 GLIDDEN COMPANY, THE 2000-03-09 66.20 0278858 GOODKNIGHT LAWN EQUIPMENT, INC 2000-03-09 162.09 0278859 GRAYEAR ELECTRIC CO INC 2000-03-09 295.61 0278860 GROLIER PUBLISHING COMPANY 2000-03-09 210.94 0278861 GEAC COMPUTERS INC 2000-03-09 1,096.70 0278862 GOLLNICK, PEGGY 2000-03-09 56.00 0278863 GOLD STAR OF THE TREASURE 2000-03-09 2,088.00 0278864 GOLDEN LAKES SOFTWARE 2000-03-09 4,200.00 0278865 GEORGE, PATRICK 2000-03-09 128.75 0278866 H W WILSON CO 2000-03-09 104.00 0278867 HARRIS SANITATION, INC 2000-03-09 520.36 0278868 HUNTER AUTO SUPPLIES 2000-03-09 147.72 0278869 HERITAGE BOOKS, INC 2000-03-09 304.50 0278870 HERITAGE QUEST 2000-03-09 35.90 0278871 HIGHBRIDGE CO 2000-03-09 249.70 0278872 HACH COMPANY 2000-03-09 9,766.32 March 21, 2000 VA BOOK I BOOK M"I CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0278873 H C WARNER, INC 2000-03-09 - 305.06 0278874 HILL MANUFACTURING 2000-03-09 848.21 0278875 HIGHLANDS ANIMAL HOSPITAL 2000-03-09 43.50 0278876 HARRIS, COTHERMAN & ASSOC 2000-03-09 4,650.00 0278877 HARRIS, GREGORY PHD CVE 2000-03-09 655.10 0278878 HAMMOND ELECTRONICS, INC 2000-03-09 61.47 0278879 REIMAN, MICHETT•FL 2000-03-09 15.00 0278880 INDIAN RIVER COUNTY 2000-03-09 245.00 0278881 INSTRUMENTATION SERVICES, INC 2000-03-09 380.00 0278882 INDIAN RIVER BATTERY, INC 2000-03-09 143.05 0278883 INDIAN RIVER BLUEPRINT CO INC 2000-03-09 201.70 0278884 INDIAN RIVER COUNTY UTILITY 2000-03-09 3,979.60 0278885 INDIAN RIVER FARMS WATER 2000-03-09 500.00 0278886 INGRAM LIBRARY SERVICES 2000-03-09 106.04 0278887 INDIAN RIVER COUNTY 2000-03-09 1,300.00 0278888 INTERNATIONAL SOLID WASTE ASOC 2000-03-09 49,682.50 0278889 IMPACT INSTRUMENTATION, INC 2000-03-09 92.40 0278890 IBM CORPORATION 2000-03-09 350.75 0278891 INDIAN RIVER ALL -FAB, INC 2000-03-09 27.88 0278892 INTERIM PERSONNEL 2000-03-09 1,689.51 0278893 INDIAN RIVER COMMUNITY COLLEGE 2000-03-09 3,571.08 0278894 INDIAN RIVER COUNTY SHERIFF'S 2000-03-09 7.35 0278895 IRRIGATION CONSULTANTS UNLIMIT 2000-03-09 60.04 0278896 JAMES A DOOLITTLE & ASSOCIATES 2000-03-09 219.00 0278897 JANIE DEAN CHEVROLET, INC 2000-03-09 138.55 0278898 JUDGE, JAMES A II 2000-03-09 123.02 0278899 JOHN VETTER & SONS, INC 2000-03-09 15,255.00 0278900 JONES CHEMICALS, INC 2000-03-09 3,967.23 0278901 K MART 2000-03-09 1,558.80 0278902 KNIGHT & MATHIS, INC 2000-03-09 60.90 0278903 KELLY TRACTOR CO 2000-03-09 240.81 0278904 KERBY, STEVE 2000-03-09 222.75 0278905 KEY, PATRICIA W 2000-03-09 206.50 0278906 KRUGER, INC 2000-03-09 79,825.00 0278907 KIPP, BILLY C 2000-03-09 182.83 0278908 KIRKUS REVIEWS 2000-03-09 355.00 0278909 LONG, JAMES T ESQUIRE 2000-03-09 5,700.00 0278910 LUCAS WATERPROOFING CO, INC 2000-03-09 3,500.00 0278911 LOWE'S COMPANIES, INC. 2000-03-09 493.48 0278912 LEWIS, RUTH A 2000-03-09 40.48 0278913 LANDRUM, GREGORY C PSY D 2000-03-09 1,075.00 0278914 L 8 SMITH, INC 2000-03-09 314.35 0278915 LOPRESTI, ETTA 2000-03-09 122.82 0278916 LUCENT TECHNOLOGIES 2000-03-09 31.80 0278917 LOWE'S COMPANIES,INC 2000-03-09 1,199.74 0278918 LEXIS LAW PUBLISHING 2000-03-09 61.28 0278919 LANDSCAPE CONNECTION 2000-03-09 440.00 0278920 MARINE RESCUE PROD, INC 2000-03-09 628.00 0278921 MCCOLLUM, NATHAN 2000-03-09 151.50 0278922 MEEKS PLUMBING 2000-03-09 58.00 0278923 MUNICIPAL SUPPLY & 2000-03-09 670.00 0278924 MASTELLER, MOLER & REED 2000-03-09 975.00 0278925 MCCLOUD, ERNEST E 2000-03-09 69.59 0278926 MICRO WAREHOUSE 2000-03-09 939.89 0278927 MEDICAL RECORD SERVICES, INC 2000-03-09 133.08 0278928 MCMASTER-CARR SUPPLY COMPANY 2000-03-09 130.51 0278929 MISSIMER INTERNATIONAL 2000-03-09 3,800.00 0278930 M G B CONSTRUCTION 2000-03-09 500.00 March 21, 2000 8 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0278931 MIDWEST TAPE EXCHANGE 2000-03-09 19.99 0278932 MR BOB PORTABLE TOILET 2000-03-09 569.44 0278933 MARC INDUSTRIES 2000-03-09 879.46 0278934 MICKLE, VALERIE 2000-03-09 28.05 0278935 MURPHY, DEBBIE 2000-03-09 159.00 0278936 MAXWELL, KIMBERLY 2000-03-09 43.78 0278937 MYFAMILY.COM 2000-03-09 40.99 0278938 NORTH SOUTH SUPPLY INC 2000-03-09 3,350.96 0278939 NOTARY PUBLIC UNDERWRITER, INC 2000-03-09 93.00 0278940 NATIONAL FIRE PROTECTION 2000-03-09 531.95 0278941 NOMIS PUBLICATIONS, INC 2000-03-09 75.00 0278942 NEWS FOR YOU 2000-03-09 27.95 0278943 NAPIER, WILLIAM MATT 2000-03-09 18.56 0278944 NOCUTS, INC 2000-03-09 492.50 0278945 NORTHERN TOOL & EQUIPMENT CO 2000-03-09 85.79 0278946 OFFICE DEPOT, INC 2000-03-09 2,038.25 0278947 PEACE RIVER ELECTRIC 2000-03-09 189.49 0278948 PETTY CASH 2000-03-09 94.99 0278949 PETTY CASH 2000-03-09 181.00 0278950 PETTY CASH 2000-03-09 40.00 0278951 POSTMASTER 2000-03-09 15,000.00 0278952 POSTMASTER 2000-03-09 44.00 0278953 PETTY CASH 2000-03-09 10.40 0278954 PALM BAY INSULATION 2000-03-09 30.00 0278955 PALM BEACH POST 2000-03-09 299.52 0278956 PAGE, LIVINGSTON 2000-03-09 147.00 0278957 PINEWOODS ANIMAL HOSPITAL 2000-03-09 15.00 0278958 PETERSEN INDUSTRIES, INC 2000-03-09 34,138.00 0278959 PANGSURN, TERRI 2000-03-09 12.00 0278960 POMEROY COMPUTER RESOURCES 2000-03-09 3,079.99 0278961 PRESS JOURNAL 2000-03-09 117.00 0278962 PANKIEWICZ-FUCHS, PATRICIA A 2000-03-09 56.46 0278963 POSTMASTER 2000-03-09 153.15 0278964 PRESSURE PRO 2000-03-09 364.94 ^ 0278965 PALM TRUCK CENTERS, INC 2000-03-09 292.33 0278966 P B S & J ANALYTICAL SERVICES 2000-03-09 17,571.00 0278967 QUALITY BOOKS, INC 2000-03-09 190.10 0278968 R & J CRANE SERVICE, INC 2000-03-09 460.00 0278969 RADIOSHACK 2000-03-09 4.99 0278970 RINGHAVER 2000-03-09 11501.19 0278971 RUSSELL CONCRETE, INC 2000-03-09 25.20 0278972 RICHMOND HYDRAULICS INC 2000-03-09 268.71 0278973 R & G SOD FARMS 2000-03-09 170.00 0278974 RUBBER STAMP EXPRESS & MORE 2000-03-09 14.40 0278975 ROYAL CUP COFFEE 2000-03-09 137.60 0278976 R R BOWKER 2000-03-09 69.75 0278977 REGIONS INTERSTATE BILLING 2000-03-09 346.43 0278978 ROMANO, CHRISTINA 2000-03-09 19.32 0278979 RUSSELL, JOHN PH D 2000-03-09 200.00 0278980 SCOTTY'S, INC 2000-03-09 17.99 0278981 SEWELL HARDWARE CO, INC 2000-03-09 183.88 0278982 SHERWIN-WILLIAMS CO 2000-03-09 133.45 0278983 SOUTHERN EAGLE DISTRIBUTING, 2000-03-09 567.15 0278984 SOUTHERN ELECTRIC SUPPLY 2000-03-09 339.07 0278985 STIMSONITE CORPORATION 2000-03-09 7,880.00 0278986 STURGIS LUMBER & PLYWOOD CO 2000-03-09 32.07 0278987 SUN COAST WELDING SUPPLIES INC 2000-03-09 258.05 0278988 SUNSHINE PHYSICAL THERAPY 2000-03-09 150.00 0278989 SHADY OAK ANIMAL CLINIC 2000-03-09 69.00 March 21, 2000- 0 BOOK y s FA E f March 21, 2000 10 I BOOK CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0278990 SAFETY EQUIPMENT COMPANY 2000-03-09 890.63 0278991 SOUTHERN SEWER EQUIPMENT SALES 2000-03-09 1,785.68 0278992 SEXTON, HILDY 2000-03-09 80.00 0278993 SHERMAN, ROGER 2000-03-09 3,690.00 0278994 SALEM PRESS, INC 2000-03-09 272.50 0278995 SAFECO, INC 2000-03-09 4,079.00 0278996 SEBASTIAN, CITY OF 2000-03-09 5,576.46 0278997 SNOBERGER, RUTH ANN 2000-03-09 48.00 0278998 SEBASTIAN POLICE DEPARTMENT 2000-03-09 25.00 0278999 SOUTHEAST LIBRARY BINDERY,INC 2000-03-09 194.68 0279000 SMITH AERIAL 2000-03-09 257.00 0279001 SUNET DIRECT 2000-03-09 375.00 0279002 STAGE & SCREEN 2000-03-09 53.65 0279003 SILEO, STEVEN ANDREW 2000-03-09 171.00 0279004 SPACE COAST HEALTH INSTITUTE 2000-03-09 18.00 0279005 SHERMAN, ROGER 2000-03-09 1,440.00 0279006 SHEPHARD, VERNITA 2000-03-09 429.80 0279007 SIRS MANDARIN INC 2000-03-09 670.78 0279008 STEWART, SARAH LYNN 2000-03-09 38.63 0279009 TARMAC AMERICA INC 2000-03-09 1,715.61 0279010 TEN -8 FIRE EQUIPMENT, INC 2000-03-09 50,562.72 0279011 TRIM HEATING-AIRCONDITION,INC 2000-03-09 3,387.00 0279012 T-SHIRT FACTORY 2000-03-09 2,290.95 0279013 TREASURE COAST TRAVEL AGENCY, 2000-03-09 297.00 0279014 TREASURE COAST CONTRACTING,INC 2000-03-09 212,546.72 0279015 TABAR, JEFFREY 2000-03-09 148.45 0279016 TRUGREEN CHEMLAWN 2000-03-09 45.00 0279017 SMITH, TERRY L 2000-03-09 41.76 0279018 THERMOGAS COMPANY 2000-03-09 970.39 0279019 TREASURE COAST FIRE CHIEF'S 2000-03-09 25.00 0279020 TREASURE COAST REFUSE 2000-03-09 251.34 0279021 TREASURE COAST NEWSPAPERS 2000-03-09 53.25 0279022 TREASURE COAST NEWSPAPERS 2000-03-09 534.91 0279023 UNIVERSAL SIGNS & ACCESSORIES 2000-03-09 233.25 0279024 USA TODAY 2000-03-09 107.00 0279025 US FILTER DISTRIBUTION GROUP 2000-03-09 17,728.67 0279026 VELDE FORD, INC 2000-03-09 26.29 0279027 VERO BEACH, CITY OF 2000-03-09 5,094.86 0279028 VERO BEACH, CITY OF 2000-03-09 162.39 0279029 VERO MARINE CENTER, INC 2000-03-09 14.30 0279030 VERO BEACH POLICE DEPARTMENT 2000-03-09 75.00 0279031 VERO BEARING & BOLT 2000-03-09 332.92 0279032 VOLUNTEER ACTION CENTER 2000-03-09 75.00 0279033 VERO BEACH POWERTRAIN 2000-03-09 459.21 0279034 VOLUNTEER ACTION CENTER 2000-03-09 6,076.72 0279035 VANTAGE EQUIPMENT CO 2000-03-09 1,896.01 0279036 WAL-MART STORES, INC 2000-03-09 373.30 0279037 WALSH, LYNN 2000-03-09 24.65 0279038 WOLSTENHOLME, SHIRLEY 2000-03-09 20.16 0279039 W W GRAINGER, INC 2000-03-09 222.77 0279040 WAL-MART STORES, INC 2000-03-09 79.92 0279041 WILLHOFF, PATSY 2000-03-09 130.00 0279042 WILLIAM THIES & SONS, INC 2000-03-09 148.50 0279043 WHEELER, GARY SHERIFF 2000-03-09 2,487.80 0279044 WILSON, MARGARET F 2000-03-09 118.32 0279045 WEST GROUP PAYMENT CTR 2000-03-09 665.00 0279046 WASTE MANAGEMENT 2000-03-09 86,844.12 0279047 WOLFE, ERIN 2000-03-09 16.74 March 21, 2000 10 I March 21, 2000- 11 BOOK 4>� ` CHECK CHECK CHECK NAME DATE AMOUNT NUMBER 0279048 WATERVIEW PRESS INC 2000-03-09 36.83 372.36 0279049 WHEELED COACH INDUSTRIES INC 2000-03-09 0279050 WEBER, PAUL 2000-03-09 100.00 378.48 0279051 XEROX CORPORATION 2000-03-09 136.88 0279052 YORK INTERNATIONAL CORPORATION 2000-03-09 0279053 ZIMMERMANN, KARL 2000-03-09 21.60 50.85 0279054 ZIMMERMANN, KARL 2000-03-09 11.00 0279055 ZEPHYRHILLS NATURAL SPRING 2000-03-09 0279056 KILBOURNE, ANDRESS 2000-03-09 11.59 328.52 0279057 DICKERSON FLORIDA, INC 2000-03-09 18.012000-03-09 0279058 DONADIO, ANTHONY & MARGO 2000-03-09 82.28 0279059 SCHOMMER, ALAN 2000-03-09 39.97 0279060 LUCAS, PAUL 2000-03-09 71.62 0279061 GROOM CONSTRUCTION CO 2000-03-09 100.66 0279062 R ZORC & SONS BUILDERS INC 40.82 0279063 DUNN, WILLIAM T 2000-03-09 47.06 0279064 VOLLBRACHT, JEAN 2000-03-09 20.47 0279065 MASSONI, SANDRA A 2000-03-09 82.15 0279066 PROCTOR CONSTRUCTION CO, INC 2000-03-09 0279067 HOLIDAY BUOIDERS 2000-03-09 100.00 0279068 MC GEEHAN, C R 2000-03-09 53.94 17.29 0279069 INGRAM, SHIRLEY 2000-03-09 76.22 0279070 BROWN, KENT T & PATRICIA 2000-03-09 33.18 0279071 RIEKE, LOREN & PATRICIA 2000-03-09 0279072 ZORC, KENNETH R 2000-03-09 39.17 0279073 RYAN, LAYNE & HOLLY 2000-03-09 37.70 0279074 MONEY, LAWRENCE 2000-03-09 19.12 0279075 BAER JR, JOHN F 2000-03-09 33.27 0279076 ROBERTS, MOTISOLA 2000-03-09 89.51 0279077 GHO VERO BEACH INC 2000-03-09 141.64 0279078 ARILOA, DENNIS & NANCY 2000-03-09 8.94 0279079 TOZZOLO BROTHERS CONST CO INC 2000-03-09 10.41 0279080 MGB CONSTRUCTION INC 2000-03-09 158.76 0279081 FORD, STEPHEN 2000-03-09 18.55 0279082 ELLIS, JESSICA 2000-03-09 24.29 0279083 HAVLIN, WILLIAM 2000-03-09 34.58 0279084 BEAZER HOMES FLORIDA INC 2000-03-09 68.38 0279085 PARRISH, SHERRI L 2000-03-09 1.32 0279086 TREASURE COAST BUILDERS 2000-03-09 69.02 0279087 WILLIAMS, ERIKA 2000-03-09 48.32 0279088 PTACE, ALEXANDRE 2000-03-09 36.80 0279089 HOUDEK, EVELYN M 2000-03-09 90.42 0279090 PASSAGE ISLAND HOMES 2000-03-09 81.66 0279091 SEA OAKS INVESTMENT LTD 2000-03-09 96.52 0279092 FOSTER MANAGEMENT 2000-03-09 48.90 0279093 AMERITREND HOMES 2000-03-09 121.89 0279094 AMOS, PAUL 2000-03-09 72.08 0279095 LYONS, CHARLOTTE 2000-03-09 23.82 0279096 ROUX, ELLEN 2000-03-09 73.53 0279097 SNEED, GENVA 2000-03-09 33.77 0279098 MICHELL, KATHLEEN & WILLIAM 2000-03-09 4.32 0279099 HUNTER, LORAYNE C 2000-03-09 4.88 0279100 HOLLEN, PEGGY 2000-03-09 72.99 0279101 LLS DEVELOPMENT 2000-03-09 77.14 0279102 RENNICK JR, RON J 2000-03-09 62.94 March 21, 2000- 11 BOOK 4>� ` FF -I? r �, a BOOK - CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0279103 CANAWAY, SANDRA 2000-03-09 73.19 0279104 FAIRWAYS AT GRAND HAROBOR LTD 2000-03-09 142.24 0279105 HAINES, DARLENE M 2000-03-09 43.13 0279106 SMITH, RICKY 2000-03-09 2.79 0279107 DIXON, ROBERT C 2000-03-09 60.02 0279108 WILSON, LEIGH & JAN 2000-03-09 67.18 0279109 HANNA, LINDA B 2000-03-09 51.33 0279110 ROYAL PALM HOMES INC 2000-03-09 70.81 0279111 BOLING, BOB 2000-03-09 15.68 0279112 WILFORK, JEREMY & CORINNE 2000-03-09 25.37 0279113 HILL, JIM & MARY 2000-03-09 55.23 0279114 BONNER, THOMAS 2000-03-09 30.67 0279115 MALLETT, SANDRA 2000-03-09 2.10 0279116 J K INVESTMENT NEW ACCT 2000-03-09 78.93 0279117 MC KEMY, RICHARD & KATHRYN 2000-03-09 37.66 0279118 THOMPSON JR, LINCOLN 2000-03-09 100.00 0279119 MACCHIA, MARIA M 2000-03-09 33.60 0279120 ESTATE OF FRED CROUTCH 2000-03-09 26.41 0279121 MACKENZIE, GEORGE & SUE 2000-03-09 26.42 0279122 GRIFFIN, JAMES & CAROL 2000-03-09 83.53 0279123 EDGERLY, GEORGE 2000-03-09 36.08 0279124 SMITH, PATRICIA 2000-03-09 33.60 0279125 PROCTOR CONSTRUCTION 2000-03-09 53.70 0279126 ARCHER OF VERO INC 2000-03-09 16.71 0279127 SCHROEDER, GEORGE 2000-03-09 50.00 0279128 BROWNING JR, ROBERT 2000-03-09 53.70 0279129 HOLIDAY BUILDERS 2000-03-09 28.78 0279130 MILLER, JOAN 2000-03-09 48.10 0279131 EDMAN, JEANNE 2000-03-09 16.50 0279132 CROFT, WENDY 2000-03-09 19.15 0279133 COONS, BILL 2000-03-09 29.19 0279134 BLACKBURN, WILLIAM 2000-03-09 9.59 0279135 NUSSER, LARRY 2000-03-09 29.40 0279136 HONEY BAKED HAM 2000-03-09 147.21 0279137 MC CULLERS, GEORGE 2000-03-09 9.59 0279138 CASTELEIRO, MARLENE 2000-03-09 50.16 0279139 BOCKEL, FRIEDRICH 2000-03-09 71.04 0279140 SIIpSON, CARLA 2000-03-09 39.11 March 21, 2000 Iia 1,383,234.43 7.C. Commissioners Authorized to Attend Third Annual Ag,�ro- Ecology Conference - Palm Beach Gardens - May ly 5-18, 2000 The Board reviewed the materials presented in the backup. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously authorized the Commissioners to attend the 3' Annual Agro -Ecology Conference to be held in Palm Beach Gardens, at the PGA Marriott Hotel, May 15-18, 2000, as requested. 7.D. Resolution Nos. 2000-023 thru 2000-025 - Recently. Acquired Property - Tax Cancellation -Dinda Family Trust (3Darcels)-Right- o -Way 16th Street The Board reviewed a Memorandum of March 3, 2000: TO: Board of Commissioners *c2, " 4.; " ' ' FROM: Lea R. Keller, CLA Legal Assistant - County Attorney's Office DATE: March 3, 2000 RE: Recently Acquired Property - Tax Cancellation The County recently acquired some property and, pursuant to Section 196.28, Florida Statutes, the Board may cancel and discharge any taxes owed on it as long as it was acquired for public purpose. Such cancellation must be done by resolution of the Board, with a certified copy being forwarded to the Tax Collector (along with copies sent to the Property Appraiser and Fixed Assets). March 21, 2000- 13 BOOK Reauested Action: Board authorize the Chairman to sign the attached resolutions which cancel taxes upon the land that the County recently acquired. Attachment: Resolution & Leaal: RNV —16'" Street Dinda Family Trust (3 parcels) �2 Iricti �0 ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-023 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (R/W 16' Street - Dinda Family Trust 1' parcel) Re: RNV —16m Street Dinda Family Trust Tax ID #6-33-39-1-130-6.0 & 9.0 RESOLUTION NO. 2000- 023 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The property is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1320, Page 70 which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. _ 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. March 21, 2000 14 • The resolution was moved for adoption by Commissioner Gi nn , and the motion was seconded by Commissioner Stanbridge and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 St day of March ,2000. BOARD OF COUNTY COMMISSIONERS . Barton, Cle k Deputy Clerk TAX CERTIFICATES OUTSTAPdDIP: a= yea no �URREPIT PRQRATEn "�.,; rn�,.;..R 9 DEPOSITED WITH TAX 00LLE;; , ;R t March 21, 2000- 15 Fran B. Adams Chairman 'inAar. Pow Co A(,vov6Q Ln:e Legal 6., o q. tel! Det,t I R;Sk Mgr. • 9 0 n o Scale: 1 "=60' _33_} ODWI (j 0130 y 00008. X Ui o u _ c n Present R/W LineP//2,A 16TH n j n STREET' N $ S 32.W 1 LEGAL DESCRIPTION —t Section Line & Tract Line $ The North 70 feet of the South 100 feet of the West 1 acre of the East 3 acres of Tract 13. Section 6, Township 33 South, Range 39 East, according to the lost general plat of the lands of the Indian River Farms Company recorded in Plot Book 2, Poga 25 of the Public Records of St. Lucie County. Florida. Containing 2.296 square feet, or 0.053 acre. Now lying in Indian River County, Florida. o CQtT1 TION I. Charles A. Cramer, hereby certify that I. om' a registered Professional Suryeyor and Mapper licensed to practice in the state further of Florida, that this sketch was madqq NIlder my immediate supervision, and Ihat it is accurate and correct. 1 certify that this sketch meets the Minimung T"Icat standards as described in Chapter 61G17 of the Florida Administrative Code, pwoont to F.S. Chapter 472. ?_'�'` ' THIS 6 NOT A SURVEY 0. }0 .. SKETCH TO ACCOMPANY LEGAL DESCRIPTION :. _ ... PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT Charles A. Cromer. P.S.M. Reg. 4x1640 25th St, Vero Beach, FL 32960 Indian River County Surveyor o• •'r� : •: x(561) 567-8000 Date _3 f7t� 99 C OR 1320n0072 0 ►` Scale. 1 =60' 4 0 6-33-39 00001 0130 r N 00009.0 u W o `o u c o 3 3i 65.5 W m Present R/W Line m ? 16TH M M i STREET = `= — LEGAL DESIMMON --" Section Line & Tract Line X The North 70 feet of the South 100 feet of the East 2 acres of Tract 13, Section 6, Township 33 South, w Range 39 East, according to the last general plot of the lands of the Indian River Forms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucia County, Florida. Containing 4,585 square feet, or 0.105 acre. Now lying in Indian River County, Florida. _ CERT FMMON • m 1, Charles A. Cramer, hereby certify. trot. I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was m ,urid 0 immediate supervision, that it is and accurate and correct. I further certify tkot this sketch meets the Mininit �Snd= as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Chapter 472.. `: . ;: •' :to. !O^� ' '.. THIS IS NOT A SURVEY SKErCN TO ACCOMPANY LEGAL DESCRIPTION ci Charles A. Cromer, P.S.M. Re r{:T�" ' PREPARED FOR INDIAN MYER COUNTY ENGINEERING DEPARTMENT 9• �..:..•1,8&0 25th St, Vero Beach, Ft 32960 Indian River County Surveyor o ! ;.uo(561) 567-8000 Data 0 ►` BOOK "Mu � ° ON MOTION by Commissioner Grin, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-024 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (R/W 16' Street - Dinda Family Trust V parcel) Re: R/W —161 Street Dinda Family Trust Tax ID #6-33-394-130-6.0 RESOLUTION NO. 2000- 024 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to cavy out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1320, Page 73, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certifled copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner ,i nn and the motion was seconded by Commissioner Startbri doe , and, upon being put to a vote, the vote was as follows: March 21, 2000 Chairman Fran B. AdamsAye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye 18 • a 0 V � v c o 0 E alQal o z Y 0 mU al N 0 CLC D LL 0 m� r: Q -gym dU. m 0 `= W •V N CL Ca T 131110 S31VONI183i d'1; = 5 'o Q m m c 0 �-- N 0 m v N u � v c o 0 � I �{ b a 7 p N Y U m L) U W Y CLC D N IE 0 m� r: Q -gym • un witurblUlU 14 Scale. 1=60' 0 00001 b a — C4 u 0130 � a 3 00006.0 `o fit �' _�, _ _ _ ' `•:'! 1j1li•-A 0? 0 m� r: -i 1a pM `= W •V ! ^. U t N 65.5' 131110 S31VONI183i d'1; = •CP Present R/W Line �-- N 16TH n STREET o. L o l 65 5_-0 � Section Line & Tract a Q J m '3 [i S Line LEGAL DESCRU"M .. The North 70 feet of the South 100 feet of the West 2 acres of the East 6 acres of Tract 13. Section 6, Township 33 South, Range 39 East, to the last -'v x according general plot of the lands of the Indian River Forms Company recorded in Plat Book 2. Page 2S of the Public Records of St. Lucie County, Florida. Containing 4,585 square fact. or 0.105 acre. Now lying 11J in Indian River County. Florida. CERIIFICI111ON g 1, Charles A. Cromer, hereby certify that'! am a registered Professional Surveyor and Mapper licensed to practice in the state Florida, of that this sketch was madt�sadM . immediate supervision, and that it is accurate and correct. 1 further certify - that this sketch meets the Minimum;:Tnblgrol" g1andards as described in Chapter 51G17 of the Florida Administrative Code, ' to F.S. Chapter 412, o°: �c ��r::•.. pry, r •:z• • THIS IS NOT A SURVEY Mpurst n IG. yba.r" SKETCH TO ACCOMPANY LEGAL DESCRIPTION s/ PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT Charles A. Cromer, P.S.M. Reg. )14094•• ;•. t.11146 25th St, Vero Beach. FL 32960 Q Indian River County Surveyor %: ---(561) 567-8000pate 3 Ds -e 99 t7� 0 0 co a. b a — �o � a fit �' _�, _ _ _ ' `•:'! 1j1li•-A 0? pM n •V ! ^. U t N 131110 S31VONI183i d'1; = •CP N o. L tj S a Q J m '3 [i 1.4 c t7� 0 0 co F, L.1 ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-025 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (R/W 16& Street - Dinda Family Trust 3rdparcel) Re: RNV —16" Street Dinda Family Trust Tax ID #6-33-39-1-130-7.0 RESOLUTION NO. 2000- 025 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1320, Page 75, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certirted copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Ginn and the motion was seconded by Commissioner Stanbri d9e , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon deglared the resolution duly passed and adopted this21 St day of March ,2000. BOARD OF COUNTY COMMISSIONERS Att • J. K. Barton, Clerk �t. B Ct.,t_ � lzlyg. Fran B. Adams March 21, 2000 Deputy CI rk Chairman Of, • i) 0 c N a(D O Z Q O Ca?: O Z W W Q � J ~ > O F- O a ca ISJ a cc L3 cr_ 3 CL � LU 41 W w rn L3 Cr O ct: O w C.3 O • ON 1320P60076 h Scale: 1!-60' 0 00001 .� 0 000(tLt W O . J T 32.81 Present R/W Line—,,,, 16TH M( � STREET — —I 32.8'— — � LEGAL Df�PflON �- Section Line & Tract Line The North 70 feet of the South 100 feet of the West 1 acre of the East 4 acres of Tract 13, Section 6, Township 33 South, Range 39 East, according to the last general plot of the lands of the Indian River Farms j Compa Cont recorded in Plot Book 2, Page 25 of the Public Records of Sl. Lucie County, Florida. Containing 2.296 square feet, or 0.053 owe.' Now lying in Indian River County, Florida. cEmFlCAnoN cfDi 1, Charles A. Cromer,'hereby certify -that I am o registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was mad9Q OrWM.my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimug*r7c* b[;standards as described in Chapter 61G17 of the Florida Administrative Code, pur�y�nt to F.S. Chapter 472. �•• „• THIS IS NOT A SURVEY 1..4.sXt� 't e.. n:. •.. SKETCH TO ACCOMPANY LEGAL DESCRIPTION ci PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT LCharles A. Cramer, P.S.M. Reg. 1464, .....1846 25th St, Vero Beach, FL 32960 9 Indian River County Surveyor eo : ".I 567-8000 Date 3 t1e, ,30 c� ;a N O O CO F r BOOK r: � I t1I,:- �. ;16 7.E. Resolution Nos. 2000-026 thru 2000-030 - Accepting Right Way Dedications and Purchase: and Cancelling Taxes on Acguired Property - 37th Place R/W and Pointe West Project R/W s The Board reviewed a Memorandum of March 9, 2000: TO: The Board of County Commissioners FROM: tc= � William G. Collins II - Deputy County Attorney DATE: March 9, 2000 SUBJECT: Resolutions Accepting Right -Of -Way Dedications and Purchases, and Canceling Taxes on Acquired Property Resolutions have been prepared for the purpose of accepting right-of-way dedications and purchases, and canceling any delinquent or current taxes which may exist on the following property acquired by Indian River County for public purpose: Richt-Of Way Along 37th Place: Right-of-way dedicated by Mobile Resonance Imaging Inc., a Florida corporation, which property is fully described in that Warranty Deed recorded in Official Record Book 1303, Page 2789, Public Records of Indian River County, Florida. Right -Of -Way for 16th Street 12th Street, and 74th Avenue: 2. Right-of-way dedicated by Pointe West of Vero Beach, Ltd., a Florida limited partnership, which right-of-way is fully described in that Quit -Claim Deed recorded in Official Record Book 1316, Page 1643, Public Records of Indian River County, Florida. 3. Right-of-way purchased from Pointe West of Vero Beach, Ltd., a Florida limited partnership, which right-of-way is fully described in that Quit -Claim Deed recorded in Official Recons Book 1316, Page 1645, Public Records of Indian River County, Florida. March 21, 2000 22 4. Right-of-way dedicated by The Links at Pointe West, LLC, a Florida limited liability company, which right-of-way is fully described in that Quit - Claim Deed recorded in Official Record Book 1316, Page 1647, Public Records of Indian River County, Florida. 5. Right-of-way purchased from The Links at Pointe West, LLC, a Florida limited liability company, which right-of-way is fully described in that Quit - Claim Deed recorded in Official Record Book 1316, Page 1649, Public Records of Indian River County, Florida. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions accepting the right-of-way dedications and purchases, and canceling certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled. /nhm Attachment: 5 Resolutions ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-026 accepting a right-of-way dedication and cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (371h Street ROW, Mobile Resonance Imaging, Inc.) March 21, 2000- 23 BOOK F, BOOKf.A Ft�GE ti.� 11/99RESO(LEGAL)WGC/nhm 37th Place row dedication RESOLUTION NO. 2000- 026 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: March 21, 2000 24 • r O C Aye Commissioner Kenneth R. Macht Aye N 0m Aye v z a O Ca > Cr Z W 1-- W J Q N xo G O W WLU ! cc cc:3 1i a O W WH w CO U 0= O � u; U O RESOLUTION NO. 2000-026 1. The dedication of right-of-way as described in O.R. Book 1303, at Pages 2789-2790 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were dedicated for right-of-way by Mobile Resonance Imaging Inc., a Florida corporation are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded In O.R. Book 1303 at Pages 2789-2790, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Gi nn and the motion was seconded by Commissioner Stanbridge , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Ave The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of March , 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA f--" Fran B. Adams, Chairman APE -r. Jeffrey K. Barton,_Clerk Deputy Clerk March 21, 2000- 25 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY �K- - l WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY E00Kt'r��,C • BOOK Part of Parcel No. 26-32-39-00010-0140-00190.0 us document was prepared by IN THE RECORDS OF Er- sLa.ld be re—rimed to JEFFREY K. BARTON CLERK CIRCUIT COURT � 2-Z:h St., Vero Beady WD14N RIVER C0. FIJI ], Florida 32960 J w ms '� THIS INDENTURE, made this =J--- day of November, 1999 between MOBILE RESONANCE IMAGING INC., a Florida corporation, whose mailing address is 6640 South U.S. Highway 1, Port St. Lucie, Florida 34952, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered in the presence of: printed ria ?L51u Ir 2J Ci N�-� e en & �' printed na a 1n,,� STATE OF FLORIDA COUNTY OF INDIAN RIVER MOBILE RESONAN E IMAGING INC. B !� Les le Waller, President The foregoing instrument was acknowledged before me this day of November, 1999, by Leslie Waller, the President of Mobile Resonance Imaging Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced Fdy` �'� J tterj:se as identification. r Nancy K Wmwfl = my BION i CCMN25 E)WRfS Month 24 2W3 eaa�n eau tRor raw as�nm� nc March 21, 2000 NOTARY PUBLIC .ri.Ld. �-,, prin ed nam IJl�nc'c F1 • IIIC"" 5Q I, Commission No.: e e q 3 2a 5 Commission Expiration: 3 -AL AC63 26 rn Cil CID th W O CA N J 00 I • 37TH PLACG LEGAL DESCRIPTION 10' RIGHT OF WAY DEDICATION The North 10 feet of Lots 190,191 and 192, Block 14 W.E. Geoffrey's Subdivision, according to Plat Book 2, page 32, Public Records of St. Lucie- 'a su avGY Cbun. y, Florida, now Indian River County, Florida. 5 KCTCH ?O ACCOMPANY Containing 1900 StjU M feet (0.03 naves) OCSeR/P7/O/J. SURVEYORS NOTES: 1. Repedoedow of ode chafe► ere eM vesd eeln eskd LEGEND Swne ex SML a MCERTIFICATE OF SURVEYOR .om fm r RWMh Gf M. Ea MMM of paeans, D+MW&d* � Abatlaonn m. Deed Rsbitflaw Z eiq, Se4Baebf, LF. utaN Fos I horeby certify that this Survey was made ander my nao w Meryq Aa Dodo. 3.t.gdDeeairf wsh N r ese.wpas. �Wadby&be respow able eberge and repremb the field work to the aro acamotiWAII t7inf e'Ww tsry+s=L bat or my knowledge and ballet cow- COME= 4. ne.e Wa be adma.d eeleidiar tbm a ew w.s a o t►Y -w whm nq he food Is dw Fehlk 2"Wde. MW- IDna Ml7fr AvaaR By: Date m Fur 4 Ledepeead heedttisee aed emu. eM IawaL JAMES A FOWLEIT, P ti M. (Q CMAS"TMy nor /i9 Los /90 I Ler /91 I Lor /90 FJXft Mq dosed 3 I I 09'as'27'a. s0.00' V I 0 iii � I p N v 4GT /9S r Lolr /94 I Lo7 /9a a o I I ' it 3777+/ ST,¢EST 1 foo' R/w LEGAL DESCRIPTION 10' RIGHT OF WAY DEDICATION The North 10 feet of Lots 190,191 and 192, Block 14 W.E. Geoffrey's Subdivision, according to Plat Book 2, page 32, Public Records of St. Lucie- 'a su avGY Cbun. y, Florida, now Indian River County, Florida. 5 KCTCH ?O ACCOMPANY Containing 1900 StjU M feet (0.03 naves) OCSeR/P7/O/J. SURVEYORS NOTES: 1. Repedoedow of ode chafe► ere eM vesd eeln eskd LEGEND Swne ex SML z node above heed abgneted t7 fsNflee MCERTIFICATE OF SURVEYOR .om fm r RWMh Gf M. Ea MMM of paeans, D+MW&d* La. MONROD Abatlaonn m. Deed Rsbitflaw Z eiq, Se4Baebf, LF. utaN Fos I horeby certify that this Survey was made ander my nao w Meryq Aa Dodo. 3.t.gdDeeairf wsh N r ese.wpas. �Wadby&be respow able eberge and repremb the field work to the aro acamotiWAII t7inf e'Ww tsry+s=L bat or my knowledge and ballet cow- COME= 4. ne.e Wa be adma.d eeleidiar tbm a ew w.s a o t►Y -w whm nq he food Is dw Fehlk 2"Wde. MW- IDna Ml7fr AvaaR By: Date m Fur 4 Ledepeead heedttisee aed emu. eM IawaL JAMES A FOWLEIT, P ti M. (Q CMAS"TMy a eya„e wa t..ed r oa ern s nrezr= R9�R�'09^G /063Cr2,dsiON ) STATE OF FLORIDA REGISTRATION NO. 343S E 7. Sebiwa dfe appeeo to lie Y FMad Fre W o FJXft Mq dosed THE JAMES A. FOWLER. LAND SURVEI'MG COMPANY $GU N`i)Fi,R �AVENUE _�inOMAGFLORWA %7ZT TZ R ,. PRONE 162-{744 FAX 3ti2.0967 March 21, 2000 W • O W O W M G7 N JA W O F, BOOK ON MOTION by Commissioner Grin, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-027 accepting a right-of-way dedication - and cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Pointe West project/Pointe West of Vero Beach, Ltd.) 3/00RES0(LEGAQWGClnhm dedication of right-of-way for Pointe West project by Pointe West of Vero Beach, Ltd. RESOLUTION NO. 2000-027 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY DEDICATION AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly March 21, 2000 28 • RESOLUTION NO. 2000- 027 describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to cavy out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The dedication of right-of-way as described in O.R. Book 1316, at Page 1643 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were acquired for right-of-way from Pointe West of Vero Beach, Ltd. are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Quit -Claim Deed describing lands, recorded in O.R. Book 1316 at Page 1643, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner stanbri dg a and, upon being put to a vote, the vote was as follows: March 21, 2000 29 C F, 0 ©� r� BOOK qt� Pa�i,tq— �"-d RESOLUTION NO. 2000- 027 Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Ave Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of March , 2000. ATT ;.;^ ffrey K. Barto By.,�,_ '�1, Deputy Clerk TAX CERTIFICATES OUTSTANDING CURRENT PRORATED TAX RECEIVED AND DEPOSITED WITH TAX COLLECTOR March 21, 2000 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By�Q� Q Oh�-4)211"L-2 Fran B. Adams, Chairman o®� yes no E 30 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY (�;( (xl i1c WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY 0 4,-. 1OS` Db, .70 This hwrument prepared by. OOCUhtENIAKr SIAmPS IRA C. HATCH, ESQUME HATCH & DOTY PA DEED i •7 0 1701 A 1-A, Suite 220 NOTE i Vero Beach, F132963 jFrMFV K aeaTnN r1 FRK IN01Aiv KI`.trc Ut wig C PROPERTY TAX ID # co 1- 3 3 - 3 S - 0 pe a t - 0 tLi 0 - 490o0 1.0 IN THE RECORDS OF I - 33 - 38 - •''a - �'0 - oaool . ,JEFFREY K. BARTON C1 CLERK CIRCUIT COURT INDIAN RIVER CO., FLA (Space above this line for recording data) THIS QUIT -CLAIM DEED Executed this � day of December, 1999 BY c POINTE WEST OF VERO BEACH, LTD., a Florida Limited Partnership, first party, whose post office address is: 4445 A 1-A, Suite 250, Vero Beach, F132963 o to INDIAN RIVER COUNTY, FL, whose post office address is: 1840 25th Street, Vero Beach, F132960, second party: WITNESSETH, That the said first party, for and in consideration of the sum of $10.00 and No/Cents, in hand N paid by the said second party, the receipt whereof is hereby aclmowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first part has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In Witness Whereof, The said first party has signed and sealed these presents the day and year first above written. Signed, sealedl_ �ii�liv in presence of J Witness Name: =R c /*7C A �' (L Witness ame:lj� Kchk March 21, 2000 - POINTE WEST OF VERO BEACH, LTD. a Florida Limited Partnership By POINTE WEST OF VERO BEACH, INC., a o 'da corporation, its t tm Charles R Mechling, President f47/ 31 d� � �S • ^Ti) r��i 'A L � �' F, BOOK .� �. � rAut STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this December-� 1999, by CHARLES R. Mechling, President of PO F VERO BEACH, INC., a Florida corporation, General Partner of c Pointe W [ , Arida Limited Partnership aD 6 6al�c" N1MBEf Cwt '� CC522410 NOTARY ®�`°� my JAN. 2o z cT Personally known OR Produced Identification CA Type of Identification Produced �- PORM.QCD EJpq.t� POINTE WEST OF VERO BEACH, LTD REQUIRED RIGHT-OF-WAY THE SOUTH 60.00 FEET OF TRACTS 14 AND 15, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUC1E COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 12; THENCE SOUTH 00°12'52" WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 1044.90 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'52" WEST, A DISTANCE C4 OF 50.00 FEET; THENCE SOUT14 89°52'32" WEST, A DISTANCE OF 60.00 FEET; — THENCE NORTH 00012'52" EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 7 89°52'32" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING. c7 m March 21, 2000 Kia 0 0 • Title Association OwnerS.BPlicY - to -17-92) (With FlOride MOOir/cahons) / - r OWNER 5 TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. FUND FORM OPM (rev. 3198) March 21, 2000- ���t `.t •; Attorneys' Title Insurance Fund, Inc. y Charles J. Kovaleski President SERIAL OPM - 1815771 33 • BOOK ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-028 accepting a right-of-way dedication and cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Pointe West project/Pointe West of Vero Beach, Ltd.) right-of-way purchase for Pointe West project from Pointe West of Vero Beach, Ltd. RESOLUTION NO. 2000- 028 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY PURCHASE AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and March 21, 2000 34 RESOLUTION NO. 2000- 028 WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The purchase of right-of-way as described in O.R. Book 1316, at Page 1645 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were purchased for right-of-way from Pointe West of Vero Beach, Ltd. are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Quit-Clalim Deed describing lands, recorded In O.R. Book 1316 at Pages 1645, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner Stanbri dg e and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye March 21, 2000- W1 BOOK F, BOOK D"GE RESOLUTION NO. 2000- 028 Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of March , 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman ATTE Jeffrey K. Bartop, el* Deputy Clerk TAX CERTIFICATES OUTSTANDING = yes no CURRENT PRORATED TAX RECEIVED AND $ DEPOSITED WITH TAX COLLECTOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY ai C& C1 / WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY March 21, 2000 36 40 0 dpRe,-. I a te ` Ds. This instrument prepared by: DOCUMENTARY STAMPS CO U IRA C. HATCH, ESQUIRE DEED t//?, o a p HATCH & DOTY P.A. WTE _ _ coo 1701 A -1-A, Suite 220 Vero Beach, F132963 JEFFREI't(. RAF�T{yN INDIAN RIVEh COUNTYERK PROPERTY TAX ID # 1-33-38- 0000 1-0140- odool,a IN THE RECORDS OF I�-33-38- 0000l- aoio-D000i•o JEFFREY K BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.. FLA C*: 0 (Space above this line for recording data) m THIS QUIT -CLAIM DEED W Executed this22±-`day of December, 1999 BY POINTE WEST OF VERO BEACH, LTD., a Florida Limited Partnership, first party, +v whose post office address is: 4445 A 1-A, Suite 250, Vero Beach, Fl 32963 ^••� to INDIAN RIVER COUNTY, FL, whose post office address is: 1840 25th Street, Vero Beach, F132960, second party.. WITNESSETH, That the said first party, for and in consideration of the sum of $10.00 and No/Cents, in hand paid by the said second party, the receipt whereofis hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title , interest, claim and demand which the said first part has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In Witness Whereof; The said first party has signed and sealed these presents the day and year first above written. Signed, sealed , de'n presence of Witness Name: _TU G lC Witness 11am March 21, 2000 - POINTE WEST OF VERO BEACH, LTD. a Florida Limited Partnership By POINTE WEST OF VERO BEACH, INC., orida corporatio , /, its arta BY. L / Charles R. MechUg, President7 37 E00KiXi �' - BOOK i td STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this December,;?,7f1999, by CHARLES R Mechling, Presid i OF VERO BEACH, INC., a Florida corporation, General Partner of PointeW o � Nwli#orida Limited Partnership W �C522410 EVIM Qn NO 6 JAN. 20,2001 Personally known _ OR Produced Identification rn Type of Identification Produced � POME.QCD " b ► POINTE WEST OF VERO BEACH, LTD RIGHT-OF-WAY - COMPENSATION THE NORTH 30.00 FEET OF THE SOUTH 90.00 FEET OF TRACTS 14 AND 15, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA. A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS: c COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 12; THENCE SOUTH 00012'52" WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 1044.90 _ FEET; THENCE SOUTH 89052'32" WEST, A DISTANCE OF 60.00 FEET, TO THE POINT at OF BEGINNING; THENCE SOUTH 00°12'52" WEST, A DISTANCE OF 50.00 FEET; M THENCE SOUTH 89052'32" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH — 00°12'52" EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89°52'32" EAST, A Cn DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING. '- O% March 21, 2000 38 Ll r� u ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-029 accepting a right-of-way dedication and cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Pointe West project/The Links at Pointe West, LLC) dedication of right-of-way for Pointe West project by The Links at Pointe West, LLC RESOLUTION NO. 2000- 029 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT - OF WAY DEDICATION AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and March 21, 2000 39 0 F, -:�s 1.7, BOOK FADE �' fir: RESOLUTION NO. 2000- n29 WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to cant' out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The dedication of right-of-way as described in O.R. Book 1316, at Page 1647 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were acquired for right-of-way from The Links at Pointe West, LLC are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Quit -Claim Deed describing lands, recorded in O.R. Book 1316 at Page 1647, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner Stanbridge and, upon being put to a vote, the vote was as follows: March 21, 2000 Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Ave Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Ave 40 0 0 • RESOLUTION NO. 2000- 029 The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of March , 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By` X5'"1 C�iyl. 1� �C�i�/Y✓t-=� Fran B. Adams, Chairman ATTE JeffK. Ba ,2reyrk 4, sy. Deputy Clerk � TAX CERTIFICATES OUTSTANDING CURRENT F BORATED TAX RECEIVED AND D; -.POSITED WITH TAX COLLECTOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY March 21, 2000- =Im yes no s -b— 41 I, I",` ` � � �.� Fri � � ,�.__ • BOOK fW;'[mo'''w" 1CGc. I Com_ DS • 7� IN THE RECORDS OF JEFFREY K. BARTON This instrument prepared by. CLERK CIRCUIT COURT IRA C. HATCH, ESQUIRE n j INDIAN RIVER CO., FLA. CO HATCH & DOTY P.A v DOCUMENTARY STAMPS 0 co 1701 A -1-A, Suite 220 DEED $ .i D _ , Vero Beach, Fl 32963 NOTE $ CO PROPERTY TAX ID # JEFFREY K. RARTIIN, CLERK INDIAN RiVEk CUUNTY 1- 33-39- DODD I-OO5D-Ocoo 1.0 Hui+, (Space above this line for recording data) THIS QUIT -CLAIM DEED W Executed this �7'9'4 day of December, 1999 BY THE LINKS AT POINTE WEST, LLC, a Florida Limited Liability Company, first party, y whose post office address is: 4445 A 1-A, Suite 250, Vero Beach, F132963 ro to INDIAN RIVER COUNTY, FL, whose post office address is: 1840 25th Street, Vero Beach, F132960, second party: J WITNESSETH, That the said first party, for and in consideration of the sum of $10.00 and No/Cents, in hand paid by the said second party, the receipt whereof is hereby aclmowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, We , interest, claim and demand which the said first part has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaimng, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In Wkness Whereof The said first party has signed and sealed these presents the day and year first above written. Signed, sealed presence of Witness Name:.ZA4 C. 14-22 0- Witness ame:j< tr�hti March 21, 2000 THE LINKS AT POINTE WEST, LLC a Florida Limited Liability Company Charles R. Mechling / Managing Member 42 STATE OF Florida COUNTY OF Indian River sElu ls Th ae3facknowledged before me this December 1999, by CHARLES R Mechling, Ilt1KS AT POINTE WEST,LLC, a Floridi Limited Liability Company o JA14. 20 2q NOTARY Personally ImoOR Produced Identification ak Type of Identifi on Produced G7 POINMQCD .� THE LINKS OF POINTE WEST, LLC COUNTY RIGHT-OF-WAY (REQUIRED) THE SOUTH 60.00 FEET OF TRACT 5 LYING NORTH OF THE MAIN RELIEF CANAL IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA. THE EAST 60.00 FEET OF TRACTS 1 AND 8 AND TPE SOUTH 60.00 FEET OF TRACT 6, LESS THE WEST 17.60 ACRES AND THE SOUTH 60.00 FEET OF TRACTS 7 AND 8 ALL IN SECTION 12, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PORTION OF SAID TRACT 1;Cn COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 12; THENCE SOUTH 00°12'52" WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 1044.90 — FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'52" WEST, A DISTANCE ON OF 50.00 FEET; THENCE SOUTH 89°52'32" WEST, A DISTANCE OF 60.00 FEET; .01 THENCE NORTH 00012'52" EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH co 89°52'32" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING. March 21, 200OF 43 F, 800K ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-030 accepting a right-of-way dedication and cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Pointe West project/The Links at Pointe West, LLC) right-of-way purchase for Pointe West project from The Links at Pointe West, LLC RESOLUTION NO. 2000- 030 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A RIGHT- OF-WAY PURCHASE AND CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and March 21, 2000 .►.1 • RESOLUTION NO. 2000- 030 WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to cavy out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The purchase of right-of-way as described in O.R. Book 1316, at Page 1649 of the Public Records of Indian River County, Florida, is hereby accepted; and 2. Any and all liens for taxes delinquent or current against the following described lands, which were purchased for right-of-way from The Links at Pointe West, LLC are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Quit-Clalim Deed describing lands, recorded in O.R. Book 1316 at Pages 1649, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner Stanbri dae , and, upon being put to a vote, the vote was as follows: March 21, 2000- M11 BOOK RESOLUTION NO. 2000- 030 Chairman Fran B. Adams Ave Vice Chairman Caroline D. Ginn Ave Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge aye Commissioner John W. Tippin --Ayp The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of March 2000. BOARD OF COUNTY COMMISSIONERS INDI_ANN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman ATTJ=S%effrey K/JyBa��rto�erk By./ e1 A1C V// z -- Deputy Clerk TAX CERTIFICATES OUTSTANDING CURRENT PRORATED TAX RECEIVED AND DEPOSITED WITH TAX COLLECTOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY tel. 9 ( 6 L( !ic /> WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY March 21, 2000 46 3 yes no Kew. t tom` bS S°4•eo This instrument prepared by: IRA C. HATCH, ESQUIRE U HATCH & DOTY P.A. 1701 A -1-A, Suite 220 Vero Beach, F132963 DOGUtdEiV�►+n� �Ihn�ry DEEU $ �� b gC• N01 E $ JEFFRFYINDiANRIVER GOuNiY ERK PROPERTY TAX ID # 'j-33--39- 000al- ao5c�--c�000l.o IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA. Cp O CO T.] o� 0 (Space above this line for recording data) m THIS QUIT -CLAIM DEED ca i Executed this�tday of December, 1999 BY THE LINKS AT POINTE WEST, LLC, a Florida Limited Liability Company, first ply, _ whose post office address is: 4445 A 1-A, Suite 250, Vero Beach, Fl 32963 ^? to INDIAN RIVER COUNTY, FL, whose post office address is: 1840 25th Street, Vero Beach, F132960, J second partY WPrNV'ESSETH, That the said first party, for and in consideration of the sum of $10.00 and No/Cents, in hand paid by the said second party, the receipt whereof is hereby Wmowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title , interest, claim and demand which the said first part has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In Witness Whereo4 The said first party has signed and sealed these presents the day and year first above written Signed, sealed and d ' 7presence of Witness Name: xiza o 1 4 Witness Nam6: 1 , + (,&ti- . March 21, 2000 - THE LINKS AT POINTE WEST, LLC a Florida Limited Liability Company BY.CGS Charles R Mechlin9 Managing Member 47 • J BOCK, BOOK STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this December.1'1>1999, by CHARLES R Mechling, agt"nf "Member AT POINTE WEST,LLC, a Florida Limited Liability Company i cI's wasw0 �Vag. N a ` Cc522410 1 0owwoe 9 a WN Gomm 20000 a%Personally d� oduced Identification Type of IdeaUSi on Produced PONM.QCD ,rMi [BIT THE LINKS OF POINTE WEST, LLC COUNTY RIGHT-OF-WAY (COMPENSATION) THE NORTH 40.00 FEET OF THE SOUTH 100.00 FEET OF TRACT 5 LYING NORTH OF THE MAIN RELIEF CANAL IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE, NOW INDIAN RIVER COUNTY, FLORIDA. THE WEST 30.00 FEET OF THE EAST 90.00 FEET OF TRACTS I AND 8 AND THE NORTH 40.00 FEET OF THE SOUTH 100.00 FEET OF TRACT 6, LESS THE WEST 17.60 ACRES, AND THE NORTH 40.00 FEET OF THE SOUTH 100.00 FEET OF TRACTS 7 AND 8, SECTION 12, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA.CD LESS THE FOLLOWING DESCRIBED PORTION OF SAID TRACT 1: W COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 12; THENCE SOUTH 00012'52" WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 1044.90 FEET, THENCE SOUTH 89°52'32" WEST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 00012'52" WEST, A DISTANCE OF 50.00 FEET; CP THENCE SOUTH 89052'32" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH G 00°12'52" EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89°52'32" EAST, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING. TITLE POLICIES FOR POINTE WEST AND THE LINKS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 21, 2000 48 -I 7.F. Anti DrugAbuse Grant Funding FY2001- Florida Department of Community Affairs - Certific� Participation The Board reviewed a Memorandum of March 15, 2000: TO: Members of the Board DATE: March 15, 2000 of County Commissioners SUBJECT: STATE FISCAL YEAR 2001 ANTI-DRUG ABUSE GRANT FUNDING CER FICATION QF PARTICIPATION ,Y .C. FROM: Kimberly E. Massung, Executive Aide DESCRIPTION AND CONDITIONS Indian River County has been notified by the Florida Department of Community Affairs (FDCA) that $157,777 has been allocated in grant funds for State Fiscal Year 2001, to fund local anti-drug abuse projects. The letter also requested the Board to serve as the coordinating unit of government in applying for the funds. The Substance Abuse Advisory Council will be soliciting for and receiving grant applications as well as evaluating those applications and recommending to the Board what projects to fund and their funding levels. The Substance Abuse Advisory Councirs recommendations will be brought to the Board for approval in May. The grants eleventh year will continue to be funded 75% from the state and 25% from the County. The budgetary impact on the county will not exceed $50,000, especially since staff has requested all matching funds for the 20002001 fiscal year to be made by the grant applicants rather than the Board of County Commissioners. The Board of County Commissioners would still have to match the Substance Abuse Council portion since :he grant requirement recommended the Board of County Commissioners set up the council to administer the grant. RECOMMENDATION Staff recommends the Board accept the invitation to serve as the coordinating unit of government in the FDCA Anti -Drug Abuse act Grant Program and authorize the Board Chairman to sign the Certification of Participation naming Kimberly E. Massung, Executive Aide, as the contact person. ATTACHMENTS 1. Letter from FDCA dated March 13, 2000 2. Certification of Participation March 21, 2000- 49 EOOK ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously accepted the invitation to serve as the coordinating emit of government in the FDCA Anti -Drug Abuse Act Grant Program and authorized the Chairman to sign the Certificate of Participation naming Executive Aide Kimberly Massung as the contact person, as requested in the memorandum. C, �J 7. G. Resolution No. 2000-031- SuDD�g National Air and Spee Administration (NASA) and the State of Florida's Partnership to Finance. Develop and Operate the Proposed Space Experiment Research and Processing Laboratory (►SERPL) at Kenned�Space Center The Board reviewed the proposed resolution in the backup. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-031 supporting NASA and the State of Florida's Partnership to finance, develop and operate the proposed Space Experiment Research and Processing Laboratory (SERPL) at Kennedy Space Center March 21, 2000 50 RESOLUTION NO. 2000- mi A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING NASA AND THE STATE OF FLORIDA'S PARTNERSHIP TO FINANCE, DEVELOP AND OPERATE THE PROPOSED SPACE EXPERIMENT RESEARCH AND PROCESSING LABORATORY (SERPL) AT KENNEDY SPACE CENTER, FLORIDA. WHEREAS, the Indian River County Board of County Commissioners recognizes the tremendous impact that the Nation's space program has on Indian River County's economy as well as that of the Central Florida Region, and the State of Florida; and WHEREAS, the Indian River County Board of County Commissioners recognizes the dynamics of the space industry is changing on both the national and international levels; and WHEREAS, the Indian River County Board of County Commissioners fully supports the expansion of space related activities in the State of Florida to be much more than launching space vehicles into space; and WHEREAS, the expansion of the local space industry with respect to research, development and education is highly desirable to the development of the State's economy; and WHEREAS, the International Space Station (ISS) starts a new era of a space exploration and scientific research which provides a significant opportunity for the State of Florida to capture both commercial and academic ventures; and 3=RESO (LEGAL)WGGnhm March 21, 2000- 51 .aA � qq EOcK • BOOK RESOLUTION NO. 20007 031 WHEREAS, NASA, in a partnership with the State of Florida, plans to develop Space Station Commerce Park at Kennedy Space Center that will service federal, industrial, academic, and international space programs; and WHEREAS, NASA, and the State of Florida plan to co -invest in a $30 million research and development facility for NASA, university, and commercial space activities called the Space Experiment Research & Processing Laboratory (SERPL) which will include laboratories for the development and processing of life sciences and biotechnology experiments that will fly aboard the Space Station, Space Shuttle, and future vehicles like VentureStar, and WHEREAS, the proposed State investment for SERPL will provide a multi-user facility for Florida universities and colleges which will allow the necessary academic support to NASA, military and commercial space programs; and WHEREAS, SERPL will be a laboratory facility that will host International Space Station experiment processing, and life science research in areas such as microgravity, biomedicine, space agriculture and biotechnology. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. They support the NASA and State of Florida Partnership to fund, develop and operate the Space Experiment Research and Processing Laboratory at Kennedy Space Center, Florida; and 2. They support multi-year appropriations for $30 million by the Florida State Legislature to fund the Space Experiment Research and Processing Laboratory; and 3MRESo (LEGAL)WGGnhm 2 March 21, 2000 52 40 0 • RESOLUTION NO. 2000- 031 3. They urge other Counties in Florida to express their support of these endeavors; and 4. The Clerk is directed to mail copies of this resolution to: U.S. Senator Connie Mack U.S. Senator Bob Graham U.S. Representative Dave Weldon State Senator Patsy Ann Kurth State Senator William G. "Doc" Myers State Representative Charles W. Sembler, II State Representative Bill Posey The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner Stanbri doe, and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Ayp Commissioner Kenneth R. Macht Ayp Commissioner John W. Tippin —Ayp Commissioner Ruth M. Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of March, 2000. A Jeffrey K. Aen-,-.CIerk Deputy Clerk 3/OORESO (LEGAL)WGC/nhm March 21, 2000 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By : j /�.� 'e (IT_0a'7A(_'0 Fran B. Adams, Chairman 3 53 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY ��`ifL WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY • r BOOK r I Al,;L IL . Z.H. Waters Edge Subdivision Phase 10a Oleander Gardens) Final Plat Apj2roval Requested by Smk&l Partners IV LTD -Contract for Construction of Rgquired Improvements The Board reviewed a Memorandum of March 14, 2000: TO: James E. Chandler County Administrator Dl)gI ION HEAD CONCURRENCE: Robert M. Keating, AICP Community D evelopment Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: March 14, 2000 SUBJECT: Smigiel Partners IV LTD's Request for Final Plat Approval for Waters Edge Subdivision Phase I, Previously Known as Oleander Gardens It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. DEVELOPMENT AND LOCATION: The overall Waters Edge subdivision proposes two phases of development resulting in 125 lots on a 47.67 acre property located on the south side of 11 Street, between 27' and 43'd Avenue. Phase I of the Waters Edge subdivision covers a 16.32 acre single-family zoned parcel, consisting of 39 single- family lots and 4 tracts. One tract will be used for stormwater management, with the remainder to be used as landscape tracts. Phase I is located on the south side of V Street in the 3500 block. Phase II will be platted separately at a future date, and will be located immediately west of Phase I. At its regular meeting of June 10, 1999, the Planning and Zoning Commission granted preliminary plat approval for the overall subdivision. Subsequently, a land development permit was issued for Phase I. The developer is now bonding -out all required improvements as part of the final plat approval process. The owner. Smigiel Partners, IV, LTD, through its agent Mosby & Associates, Inc., is now requesting final plat approval and has submitted the following: March 21, 2000 54 • 1. A final plat for Phase I in conformance with the approved Waters Edge preliminary plat. 2. A cost estimate for the required Phase I subdivision improvements. 3. A contract for construction for the required Phase I subdivision improvements. 4. A performance bond to guarantee construction of the required improvements. ANALYSIS: At this time, none of the required Phase I subdivision improvements have been completed. The applicant has submitted a contract for construction for all of the required Phase I subdivision improvements, along with a letter of credit to secure the contract. Both the county engineering division and the utility services department have approved the submitted cost estimate and have verified that the letter of credit amount is adequate to cover the estimated cost of completing the remaining required improvements. The county attorney's office has approved the construction contract for legal form and sufficiency and has approved the format of the performance bond. All applicable requirements regarding final plat approval have been satisfied. Pursuant to the county's LDRs, the applicant will be required to obtain a certificate of completion after satisfactory completion of the required improvements. At that time, the applicant will warranty the utility improvements via a utility services department Bill of Sale. All other improvements will be privately dedicated; therefore, no warranty maintenance agreement is required. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Waters Edge Phase I and authorize the chairman to sign the contract for construction and accept the performance bond that guarantees that contract. _ kl40 RAW Ce Avorovee pale A1TACIEWENTS: Aemla Legal 1. Application 6uaget 2. Location Map Dept 3. Plat RI" Mgr. 4. Contract for Construction (Draft) March 21, 2000- W11 BOOK • r BOOK ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously granted final plat approval for Waters Edge Phase I and authorized the Chairman to sign the Contract for Construction of Required Improvements with Smigiel Partners IV, Ltd., and accept the Performance Bond that guarantees that contract, as recommended in the memorandum. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD 7.I. Resolution No. 2000-032 - Abandoning a Portion of an Easement at 1346 45th Avenue, Lot 6, Block 3, Idlewild Subdivision No. 2 - Reauested by Norman Wells The Board reviewed a Memorandum of March 13, 2000: TO: James E. Chandler County Administrator DEW+TMENT HEAD CONCURRENCE: Robert M. Keating, AICP j Community Development Director THROUGH: Roland M. DeBlois Chief. Environ�inental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: 03/13/2000 RE: NORMAN WELLS REQUEST FOR RELEASE OF A PORTION OF AN EASEMENT AT 1346 45TH AVENUE (IDLEWILD SUBDIVISION NO. 2) March 21, 2000 56 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. DESCRIPTION AND CONDITIONS The County has been petitioned by Norman Wells, owner of the lot at 1346 45th Avenue, for release of a one -foot portion of a ten -foot side yard drainage and utility easement. The purpose of the request is clear title for sale of the lot, in that a house on the property encroaches approximately one foot into the easement (see attached maps). ALTERNATIVES AND ANALYSIS A survey of the subject property shows that the northeast corner of the house is located 9.1 feet from the north side property line, within the ten -foot wide side lot easement. County records indicate that the subject house was built in 1964. Based on that time frame, staff has concluded that the house is a "grandfathered" nonconformity, and therefore the legality of the building setback is not at issue. The request has been reviewed by Bell South Communications; Florida Power & Light Corporation; T.C.I. Cable Corporation; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release a portion of the subject drainage and utility easement, as more particularly described in said resolution. ATTACHMENTS Proposed County Resolution Abandoning Easement Map(s) depicting easement proposed for release March 21, 2000 57 BOOK 2 rAG't ON MOTION by Commissioner Grin, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-032 abandoning a portion of an easement on Lot 6, Block 3, Idlewild Subdivision No. 2. ✓ 00011MENTARY STAMPS DEEDS NOTE s IN THE RECORDS OF 1FFFR''Y K PROTMN rLERK RESOLUTION NO. 2000-032 JEFFREY K BARTON o IWAN RIVLlt wuNIY CLERK CIRCUIT COURT `0 1 INDIAN RIVER CO., FL& A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING A PORTION OF AN EASEMENT ON LOT 6, BLOCK 3, IDLEWILD SUBDIVISION NO.2 WHEREAS, Indian River County has a drainage and utility easement on Lot 6, Block 3, of Idlewild Subdivision No 2; and WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to WELLS, NORMAN 1346 45TH AVE VERO BEACH, FL 32966 successors in interest, heirs and assigns, Grantee, as follows: Indian River County does hereby release and abandon all right, title, and interest that it may have in the following described easement(s): the southern one Joot portion of the northern ten foot side lot drainage and utility easement o) Lot 6, Block 3, Idlewild Subdivision Unit No.2. according to the plat thereof, v as recorded in Plat Book 6, Page 82 of the Public Records oj Indian River County, Florida. THIS RESOLUTION was moved for adoption by Commissioner Gi nn seconded by Commissioner Stanbridge , and adopted on the 91 -qt, day of March 2000, by the following vote: March 21, 2000 Commissioner Fran B. Adam's Aye Commissioner Caroline D. Ginn Ave Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Ave Commissioner Ruth Stanbridge Aye 58 0 GJ tV c11 a c'J tV Cn W -I • RESOLUTION NO. 2000_032 The Chairman declared the resolution duly passed and adopted this 21 St day of March ,2000. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVERyCOUNTY, FL^ORIDA C 'airman' Att6s;ed -.Deputy-Clerk . �l STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 21 st day of March 2000, by FRAN B. ADAMS, as Chairman of the Board of County Commissioners of Indian River County, Florida, and b3PATRICIA M. RIDGELY , Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. NOTARY PUBLIC .�G1c •'= MYCOMMM: u mss+ WW Printed Nam : Ki mhpri My 15, 2003 ;.�.� eormEoneutx+.�.uw�wyy�q,e9C Commission No.: CC855436 Commission Expiration: July 15, 2003 APPROVED AS TO FORM AND LEQAL SUFFICIENCY: Terrence P. O'Brien Acting County Attorney em.doc proj/apl. no. 200002022822715 March 21, 2000- 59 �J 0 w N Ul -0 c -j N Q1 W N BOOK 7.1 Resolution No. 2000-033 -Abandoning a Landscape Easement on Lot 17, Sandpointe West Subdivision (101 Sandpointe Drive) - Rgquested by Garrick A & Doreen J. Kantzler The Board reviewed a Memorandum of March 8,,2000: TO: James E. Chandler County Administrator DEP,.�RTMENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director i THROUGH: Roland M. DeBloi� Chief, Environmental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: 03/08/2000 RE: GARRICK B & DOREEN J. KAN ZLER REQUEST FOR RELEASE OF EASEMENT AT 101 SANDPOINTE DRIVE (SANDPOINTE WEST) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. DESCRIPTION AND CONDITIONS The County has been petitioned by Garrick and Doreen Kantzler, owners of a lot at 101 Sandpointe Drive, for release of a landscape easement on their property. The purpose of the request is to release the ten foot side yard landscape easement (on Lot 17 of Sandpointe West Subdivision) to allow use of the area as part of a fenced -in yard (see attached map). The easement abuts (to the south) a river access tract for use by subdivision residents. According to the recorded plat of Sandpointe West, the Sandpointe West Property Owners Association (POA) has maintenance responsibilities for both the landscape easement and the river access tract. The POA has reviewed Mr. and Mrs. Kantzler's easement release request. and has no objection. ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications; Florida Power & Light Corporation; T.C.I. Cable Corporation; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the County surveyor, and the Sandpointe West Subdivision Property Owners Association. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. March 21, 2000 C KANTZLER, GARRICK B & DOREEN J Release of Easement Page 2 RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release the subject landscape easement, as more particularly described in said resolution. ATTACHMENTS 1. Proposed County Resolution Abandoning Easement 2. Map(s) depicting easement proposed for release March 21, 2000- 61 BOOK 2.. UL ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-033 abandoning a landscape easement on Lot 17, Sandpointe West Subdivision. DOCI IMENTARY STAMPS DEED $ .70 NOTE $ IN THE RECORDS OF 5 d IEFFRFY K pve-m I rLERK RESOLUTION NO. 2000-033 JEFFREY K. BARTON O INDIAN RIVEk CUuNTY CLERK CIRCUIT COURT ' INDIAN RIVER CO., FLA. • 1 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING ,r✓ A LANDSCAPE EASEMENT ON LOT 17, SANDPOINTE WEST SUBDIVISION WHEREAS, Indian River County has a landscape easement on Lot 17 of Sandpointe West Subdivision; and WHEREAS, retention of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to KANTZLER, GARRICK B & DOREEN J 805 37TH PL VERO BEACH, FL 32960 u successors in interest, heirs and assigns, Grantee, as follows: Indian River County does hereby release and abandon all right, title, and interest that is may y� have in the following described easement(s): J� ? release the common ten (10) joot side landscape easement of Lot 17, Sandpointe West S Subdivision, as recorded in Plat Book 13, Page 31-31A, of the Public Records of Indian River County, Florida THIS RESOLUTION was moved for adoption by Commissioner Gi nn , seconded by Commissioner Stanbridge , and adopted on the 21st day of U March 2000, by the following vote: Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Ave Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Ave Commissioner Ruth Stanbridge Aye March 21, 2000 62 0 CA: ry Cr, -o c� (V CT GJ Cw? • RESOLUTION NO. 2000-033 The Chairman declared the resolution duly passed and adopted this 21 St day of March _, 2000. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Fran B. Adams ^ •� Chairman s t Attested Bz2z- tx Deputy Cldrk. r' :P STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 21st day of March 2000, by FRAN B. ADAMS, as Chairman of the Board of County Commissioners of Indian River County, Florida, and by pATRIGIA M_ p1nari v , Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. NOTARY PUBLIC Printed N e: Kimberly E. na 6 WC0MWM*CCLW WW ' Commission No.: ff.Rrria36 -; A9WDTMTRR0YFMNAIW4A0C Commission Expiration: July 15, 200 APPROVED AS TO FORM ANAL SIPTICIENCY: Terrence P. O'Brien Acting County Attorney ease.doc proj/apl. no. 99110062/22138 March 21, 2000- W BOOK • 0 W N C:n G7 N Q1 W r 7X Indian River Lagoon Scenic Highway Corridor Management Entitu Agreement Approval Resources Council) The Board reviewed a Memorandum of March 13, 2000: TO: James Chandler County Administrator FROM: Robert M. Keating, AICP 1'- Ay'— Community Development Director DATE: March 13, 2000 SUBJECT: CONSIDERATION OF INDIAN RIVER LAGOON SCENIC HIGHWAY CORRIDOR MANAGEMENT ENTITY AGREEMENT It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. DESCRIPTION, CONDITIONS AND ANALYSIS Since April 1999, numerous local government agencies and other entities in Indian River and Brevard Counties have been coordinating with the Marine Resources Council of East Florida, a private, nonprofit organization, to establish the Indian River Lagoon Scenic Highway. In Indian River County, this proposed designation applies to US 1 from Brevard County to CR 510, CR 510 from US 1 to SR AIA, and SR AIA from CR 510 to Brevard County. The entire proposed route is provided in Attachment 1. One aspect of the scenic highway designation is the establishment of a Corridor Management Entity (CME). The CME is responsible for preparing, administrating, monitoring, and updating the Indian River Lagoon Scenic Highway Corridor Management Plan. The CME would consist of all federal, state, and local government agencies, as well as private organizations, that are stakeholders in the proposed scenic highway designation. The CME must be established through an agreement between the Marine Resources Council, acting as the sponsoring agency, and each scenic highway stakeholder agency. The proposed agreement is attached (Attachment 2). As indicated in the attached agreement, execution of the agreement incorporates approval of the attached vision statement (Attachment 3) and preliminary goals and objectives of the Indian River Lagoon Scenic Highway (Attachment 4). The agreement also includes other conditions and responsibilities. One primary condition of the agreement is that the Board of County Commissioners must appoint up to two representatives to serve on the CME. One of those representatives may be a County Commissioner, the other March 21, 2000 64 representative may be a citizen. Recently, the Indian River County MPO approved the agreement and appointed Commissioner Fran Adams as its representative. Because the CME is not subject to the Sunshine Law, having two elected officials from the same body serving on the CME presents potential legal conflicts. For this reason, staff recommends that the Board of County Commissioners also appoint Commissioner Adams as its representative to the CME. Although not required by the agreement, the Board may also appoint a citizen representative to the CME. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached agreement and accompanying information, make any necessary changes, and authorize the Chairman to execute the Indian River Lagoon Corridor Management Entity Agreement. Staff further recommends that the Board of County Commissioners appoint Commissioner Adams as its representative on the CME. ATTACHMENTS 1. Indian River Lagoon Scenic Highway Route Description 2. Indian River Lagoon Scenic Highway Corridor Management Entity Agreement 3. Vision of the Indian River Lagoon Scenic Highway 4. Preliminary Goals and Objectives of the Indian River Lagoon Scenic Highway ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously authorized the Chairman to execute the Indian River Lagoon Corridor Management Entity Agreement and appointed Chairman Adams as its representative on the Corridor Management Entity (CME), as recommended in the Memorandum. March 21, 2000- AGREEMENT IS ON FILE IN TAE OFFICE OF THE CLERK TO THE BOARD N. I 7.L. Equipment Declared SuMlus for Sale or Disposal The Board reviewed a Memorandum of March 14, 2000: DATE: March 14, 2000 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator Thomas Frame, General Services Director FROM: Fran Powell, Purchasing Manger zay-,/0'1a9 SUBJECT: Declare Equipment Surplus for Sale or Disposal BACKGROUND: The attached list of equipment has been determined to be excess to the needs of the County and should be disposed in accordance with the provisions of the Florida State Statutes. The list has been circulated to various departments to determine their needs for any of the excess equipment or vehicles. The money received from the sale will be appropriately deposited within appropriate accounts. RECOMMENDATION: Staff recommends that the Board of County Commissioners declare the list of excess property as surplus and authorize their sale at auction on April 8, 2000 at the Indian River County Sheriff s Compound. This auction is a joint effort between several local government agencies and will be conducted by Karlin Daniel Auctioneers. — March 21, 2000 3/15/00 SURPLUS ITEMS March 21, 2000 RIFA Ne 'A Budget 80-9 Paper Cutter yes Building & Grnds 11694 223A 1990 GMC Cargo Van minimal, high repairs CLERK - CIVIL 13519 IBM Printer No EMS/Management 11225 lCitizen 140 printer yes EMS/Management 11372 SCM 4600 Electronic Typewriter yes EMS/Management 12956 6 color pen plotter system yes EMS/Management 12958 12 x 12 digitizing tablet system yes EMS/Management 15652 CD-ROM External Drive yes EMS/Radios Sys n/a (4) Dinet Instant Call Repeater junk EMS/Radios Sys 11860 Dictaphone Call/Check Repeater yes EMS/Radios Sys _ 11861 Dictaphone Call/Check Repeater yes EMS/Radios Sys 11862 Dictaphone Call/Check Repeater yes EMS/Radios Sys 11863 Dictaphone Call/Check Repeater yes General Services 8738 Omega IV Telephone System - 1985 no Health Dept 10333 Reflatron Lab Testing Equipment no Health Dept 10332 Hemotology Syste. no Health Dept 9901 1988 Plymouth Voyager Van no Main Library 11912 Printer does not work Main Library 12754 Computer cases, parts only does not work Main Library 12756 Computer cases, parts only does not work Main Library 12855 Computer cases, parts only does not work Main Library 12993 CD-ROM External Drive does not work Main Library 12994 CD-ROM External Drive does not work Main Librar y 12995 CD-ROM External Drive does not work Main Library 15802 Computer cases, parts only does not work Main Library 15806 Computer cases, parts only does not work Main Library 15807 Computer cases, parts only does not work Main Library 15808 Computer cases, parts only does not work Main Library 15809 Computer cases, parts only does not work Main Library 15810 Computer cases, parts only does not work Main Library 15813 Computer cases, parts only does not work Main Library 15814 Computer cases, parts only does not work Main Library 15817 1 Computer cases, parts only does not work Main Library 15818 Computer cases, parts only does not work Main Library 16006 Computer cases, parts only does not work Main Library 18576 Computer cases, parts only does not work Personnel 3688 IBM Selectric 11 no Public Works 7725 Binding Machine no, unrepairable SWDD 14144 403 1992 Conveyor trailer yes, old & deteriorating SWIDD 14148 404 1993 Conveyor trailer yes, old & deteriorating SWOD 16137 PC 350 DX2166 computer yes Traffic Engineer 8763 IBM Wheehyriter 5 no Traffic Engineer 9757 381 1988 Dodge 150 Pick Up minimal, high repairs Utilnies/Glfford n/a Brother Intellifax 620 no. unrepairable Utilities/Gifford n/a Brother Intellifax 680 no, unrepairable Utilities/Gifford n/a Southwestern Bell Freedom Phone no Utilities/Gifford 15348 409 1987 Ford Ranger Pick up minimal, high repairs Utifibes/Gifford 12520 423 1991 Ford F150 Pick Up minimal, high repairs Utilities/Gifford 16063 372 1987 Ford F250 Pick Up minimal, high repairs Utilities/Gifford 11619 269 1990 Chevy C1500 minimal, high repairs Utilibes/Gifford 11402 IBM CPU 8530-E21 yes Utilibea/Gifford n/a. IBM Monitor 8513-001 Utilities/Gifford n/a. IBM keyboard, mouse & cord no March 21, 2000 RIFA Ne 'A I 0 BOOK ij_ ON MOTION by Commissioner Grin, SECONDED BY Commissioner Stanbridge, the Board unanimously declared the submitted list of excess property as surplus and authorized the sale at auction on April 8, 2000, at the Indian River County Sheriff's Compound to be conducted by Karlin Daniel Auctioneers, as recommended in the memorandum. Z.H. Bid Award #2033 -Purchase ofLube Truck BodX for Road and Bridge Division - Lube Specialists ofLake GV, Florida The Board reviewed a Memorandum of March 14,,2000: DATE: March 14.2000 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator FROM: Thomas Frame, General Services Director 1,l )••��- Fran Boynton -Powell, Purchasing Manag SUBJECT: Bid Award: IRC BID 2033/ Purchase of Lube Truck Body Public Works/ Road and Bridee Division BACKGROUND INFORMATION Bid Opening Date March 1, 2000 Advertising Dates: February 11 & 18, 2000 Specifications Mailed to. Eighteen (18) Vendors Replies: Two (2) Vendors -No Bid" Response: Seven (7) Vendors NOTE: The 2000 Ford F-550 cab and chassis, for this lube service body to be mounted on, has been ordered on purchase order #89992 for a total of $26,442.00. Staff piggybacked the Florida Sheriffs Association/Florida Association of County Bid #99-07-0913 for said purchase. The purpose of this truck is for servicing and fueling the heavy equipment used by Road and Bridge crews (i.e. graders, tractors, front end loaders) located throughout the County at various job sites. VENDOR BID TOTAL Lube Specialists $25,650.00 Lake City, Florida Southern Industrial Association $29,900.00 Largo. Florida March 21, 2000 68 • -I ESTIMATED BUDGET: $30.000.00 (Cab & Chassis) $30,000.00 (Service Body) TOTAL AMOUNT OF BID: $25.650.00 SOURCE OF FUNDS: Road & Bridge Service Truck & Bed (111-214-541-06642) RECOMMENDATION Staff recommends that this bid be awarded to Lube Specialists of Lake City, Florida as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously awarded Bid #2033 for purchase of a Lube Truck Body to Lube Specialists of Lake City, Florida, as recommended in the Memorandum. 7.N. Sunset the Jungle Trail Conservation Area Advisory Group (Established by Resolution No. 98-89) The Board reviewed a Memorandum of March 13, 2000: TO: Board of County Commissioners FROM: Kim Massung; Executive Aide DATE: March 13, 2000 RE: Jungle Trail Conservation Area Advisory Group At the Commission meeting on September 1, 1998, Resolution 98- 089 set up the Indian River County Jungle Trail Conservation Area Advisory Group, with Commissioner Ken Macht to serve as Chairman. The Resolution stated the term of office would be until the review was completed, at which time the Advisory Group would be terminated. A public hearing for comments on the Jungle Trail Conservation Area Management Plan was held at a meeting of the Advisory Group on March 21, 2000 - RE I April 21, 1999. At this time, the committee voted unanimously to recommend that the Board of County Commissioners approve the Land Advisory Management Advisory Council (LAMAC) Plan, subject to certain conditions and changes. Since the Jungle Trail Conservation Area Advisory Group has completed the review, it is requested the Commission sunset this committee. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously agreed to sunset the Jungle Trail Conservation Area Advisory Group, as recommended in the Memorandum. 7.0. Miscellaneous Budget Amendment 007 The Board reviewed a Memorandum of March 14, 2000: TO: Members of the Board of County Commissioners DATE: March 14, 2000 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 007 THROUGH: Joseph A. Baird Assistant County ministrator FROM: Jason E. Brown Budget Manager DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The State Department of Revenue has adjusted the Property Appraiser's Budgetfrom the original amount for FY 1999/2000. A budget amendment is necessary to account for the change. 2. Indian River County has received a Section 5307 Grant from the Federal Transit Administration (FTA) for $606,861. The attached entry appropriates the use of these funds. March 21, 2000 611 0 0 • 3. The Board of Commissioners has approved amending the Sheriffs budget for out -of - county inmate revenue received for November and December 1999. The attached entry appropriates funding in the amount of $122,295. 4. On October 19, 1999, the Board of Commissioners approved the purchase of conference call equipment for $9,992.06. Funding is provided by the Emergency Management Preparedness Assistance (EMPA) Base Grant. 5. The Board of Commissioners approved improvements to the Station 3 training tower stairs in FY 1998/99. The attached entry moves these funds forward to the current year. Funding of $13,294 is from Emergency Services District cash forward revenues. 6. On March 7, 2000, the Board of Commissioners approved funding a temporary position to assist with Census 2000 services. The attached entry appropriates funding from General Fund contingencies. 7. The State of Florida Department of Labor has invoiced the County for unemployment compensation claims of former employees. A budget amendment is necessary to allow for the charges. 8. The Sheriffs Department has received a 1998 Local Law Enforcement Block Grant (LLEBG) for $77,577 from the Department of Justice. On March 7, 2000, the Board of Commissioners approved utilizing Law Enforcement Trust Fund monies as the required 10% match. The attached entry appropriates these funds. 9. Computer Services needs to purchase an antivirus software package forthe County's computer networks at a cost of $17,560. The attached entry appropriates funding as shown. 10. Indian River County has entered into a Joint Participation Agreement (JPA) with the Florida Department of Transportation to construct a traffic signal at Vista Royale and U.S. 1. The attached entry appropriates funds in the amount of $150,000. 11. Several building renovations have been done to reorganize offices in the Administration Building. Additional funding of $10,000 is needed from General Fund contingencies. 12. On March 7, 2000, the Board of Commissioners approved hiring a consultant to review the County's pay plan at a cost of $32,000. The attached entry appropriates funding from General Fund contingencies. 13. Computer services needs to upgrade various computers. Funding of $2,000 is provided by General Fund contingencies. 14. During FY 1998/99 the Board of Commissioners approved purchasing Fire Stations 8 and 9 from the Sebastian Volunteer Fire Department for five annual payments of $8,000. This agreementwas reached afterthe 1999/2000 budgetwas prepared, and needs to be added through a budget amendment. March 21, 2000- 71 "` ~ SOCK i'aGL _ 15. The Circuit Court has received a $417,000 automation grant from the State of Florida. Each county in the District is contributing a matching amount. Indian River County's share is $20,000 to be funded by the Court Facilities Fund cash forward. 16. The Budget Office underestimated sick incentive for some departments. The attached entry appropriates funding. 17. Some replacement vehicles budgeted in FY 1998/99 did not arrive until the current year. A budget amendment is necessary to move funds for these purchases forward to 1999/2000. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved budget amendment number 007, as recommended in the memorandum. TO: Members of the Board of County Commissioners FROM: Jason E. BrownC_ N" BUDGET AMENDMENT: 007 DATE: March 21, 2000 Entry Number Fund/DeWrtmentl Account Name Account Number Increase Decrease 1. REVENUES EMERGENCY SERVICES DISTRICT/ Cash Forward Revenues 114-000-389-040.00 $1,292 $0 EXPENSES GENERAL FUND/ Property Appraiser Transfer 001-500-586-099.06 $11,374 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $11,374 EMERGENCY SERVICES e DISTRICT/ Fire/ Property Appraiser 114-120-522-099.06 $917 $0 EMERGENCY SERVICES DISTRICT/ ALS/ Property Appraiser 114-253-526-099.06 $375 $0 March 21, 2000 72 TO: Members of the Board of County Commissioners FROM: Jason E. Brown .� Budget Manaaer BUDGET AMENDMENT: 007 DATE: March 21, 2000 Entry Number Fund/Deent/ Accoun ame Account Number Increase Decrease LAND ACQUISITION BOND/ Transfer - Property Appraiser 225-117-586-099.06 $169 $0 LAND ACQUISITION BOND/ Cash Forward Expense 225-117-586-099.92 $0 $169 2. REVENUES GENERAL FUND/ Section 5307 Public Transportation Grant 001-000-331-041.00 $606,861 $0 EXPENSES GENERAL FUND/ Council on Aging - Community Transportation Coord. 001-110-541-088.23 $606,861 $0 3. REVENUES GENERAL FUND/ Out -of -County Prisoner Revenue 001-000-341-057.00 $122,295 $0 EXPENSES GENERAL FUND/ Sheriff/ Corrections 001-600-586-099.14 $48,885 $0 GENERAL FUND/ Sheriff/ Law Enforcement 001-600-586-099.04 $73,410 $0 4. REVENUES GENERAL FUND/ EMPA Base Grant 001-000-342-042.00 $9,993 $0 EXPENSES GENERAL FUND/ EMPA Base Grant/ Conference Call Equipment 001-238-525-066.41 $9,993 $0 5. REVENUES EMERGENCY SERVICES DISTRICT/ Cash Forward Revenues 114-000-389-040.00 $13,294 $0 EXPENSES EMERGENCY SERVICES DISTRICT/ Fire/ Maint. Buildings 114-120-522-034.61 $13,294 $0 March 21, 2000- 73 TO: Members of the Board of County Commissioners FROM: Jason E. Brown t✓ Budget Manager C� BOOK BUDGET AMENDMENT: 007 DATE: March 21, 2000 Entry Fund/D enU Number Accou Name Account Number Increase Decrease S. EXPENSES GENERAL FUND/ Board of Commissioners/ Temporary Salaries 001-101-511-011.17 $1,725 $0 GENERAL FUND/ Board of Commissioners/ Social Security 001-101-511-012.11 $107 $0 GENERAL FUND/ Board of Commissioners/ Medicare Match 001-101-511-012.17 $25 $0 GENERAL FUND/ Board of Commissioners/ Worker's Comp. 001-101-511-012.14 $6 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $1,863 7. EXPENSES GENERAL FUND/ Supervisor of Elections/ Unemployment Comp. 001-700-519-012.15 $107 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $107 MUNICIPAL SERVICE TAXING UNIT/ Code Enforcement/ Unemployment 004207-524-012.15 $1,100 $0 MUNICIPAL SERVICE TAXING UNIT/ Reserve for Contingencies 004199-581-099.91 $0 $1,100 8. REVENUES SPECIAL LAW ENFORCEMENT TRUST/ Confiscated Property 112-000-351-020.00 $8,731 $0 GENERAL FUND/ LLEBG 001-000-331-024.00 $78,577 $0 EXPENSES SPECIAL LAW ENFORCEMENT TRUST/ Sheriff/ Law Enforcement 112-600-586-099.04 $8,731 $0 GENERAL FUND/ Sheriff 001-600-586-099.04 $78,577 $0 9. REVENUES UTILITIES/ Cash Forward Revenues 471-000-389-040.00 $3,120 $0 FLEET MANAGEMENT/ Auto Maint. 501-000-395-010.00 $80 $0 RISK MANAGEMENT/ Interest 502-000-361-010.00 $120 $0 GOLF COURSE/ Cash Forward 418-000-389-040.00 $240 $0 BUILDING DIVISION/ Cash Forward 441-000-389-040.00 $520 $0 March 21, 2000 74 TO: Members of the Board BUDGET AMENDMENT: 007 of County Com. 'oners FROM: Jason E. Brown DATE: March 21, 2000 G..dnn4 I►A�n�nor Entry Number Fund/Department/ Accou Name EXPENSES Account Number Increase Decrease UTILITIES/ General/ Software 471-235-536-035.12 $3,120 $0 FLEET MANAGEMENT/ Software 501-242-591-035.12 $80 $0 RISK MANAGEMENT/ Software 502-246-513-035.12 $120 $0 GOLF COURSE/ Software 418-236-572-035.12 $240 $0 BUILDING DIVISION/ Software 441-233-524-035.12 $520 $0 GENERAL FUND/ Computer Svcs. 001-241-513-035.12 $8,640 $0 GENERAL FUND/ Contingencies 001-199-581-099.91 $0 $8,640 M.S.T.U./ Planning/ Software 004205-515-035.12 $1,120 $0 M.S.T.U./ Telecomm./Software 004234537-035.12 $80 $0 M.S.T.UJ Reserve for Contingencies 004199-581-099.91 $0 $1,200 TRANSPORTATION/ Public Works 111-243-519-035.12 $1,840 $0 TRANSPORTATION/ Contingencies 111-199-581-099.91 $0 $1,840 ESD/ Fire Services/ Software 114120-522-035.12 $1,120 $0 ESD/ Fire Services/ Contingencies 114120-522-099.91 $0 $1,120 ESD/ ALS/ Software 114253-526-035.12 $680 $0 ESD/ ALS/ Contingencies 114253-526-099.91 $0 $680 10. REVENUES TRANSPORTATION FUND/ FDOT Traffic Signal JPA 111-000-334-401.00 $150,000 $0 EXPENSES TRANSPORTATION FUND/ Traffic Engineering/ Other Contractual 111-245-541-033.49 $150,000 $0 11. EXPENSES GENERAL FUND/ Buildings & Grounds/ Building Alterations 001-220-519-041.25 $10,000 $0 GENERAL FUND/ Contingencies 001-199-561-099.91 $0 $10,000 12. EXPENSES GENERAL FUND/ Personnel/ Other Professional Services 001-203-513-033.19 $32,000 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $32,000 March 21, 2000- 75 TO: Members of the Board of County Commissioners FROM: Jason E. Brown Budqet Manager E00K i L'2 PAGt BUDGET AMENDMENT: 007 DATE: March 21, 2000 Entry Number Fund/Dep6hmentl Accourit Name Account Number Increase Decrease 13. EXPENSES GENERAL FUND/ Computer Svcs. 001-241-513-035.13 $2,000 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $2,000 14. REVENUES EMERGENCY SERVICES DISTRICT/ Cash Forward Revenues 114-000-389-040.00 $8,000 $0 EXPENSES ESD/ Fire/ All Land 114-120-522-066.11 $8,000 $0 15. REVENUES COURT FACILITIES/ Cash Forward 106-000-389-040.00 $20,000 $0 EXPENSES COURT FACILITIES/ Computer Hardware 106-901-605-035.13 $20,000 $0 16. REVENUES SECONDARY ROAD CONSTRUCTION/ Cash Forward 109-000-389-040.00 $1,200 $0 EXPENSES SECONDARY ROAD CONSTRUCTION/ Sick Incentive 109-214-541-011.15 $1,200 $0 GENERAL FUND/ General Services/ Sick Incentive 001-202-513-011.15 $150 $0 GENERAL FUND/ Probation/ Sick Incentive 001-908-523-011.15 $250 $0 GENERAL FUND/ Reserve for Contingencies 001-199-581-099.91 $0 $400 MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Sick Incentive 004108-572-011.15 $500 $0 MUNICIPAL SERVICES TAXING UNIT/ Telecommunications/ Sick 004234537-011.15 $150 $0 MUNICIPAL SERVICES TAXING UNIT/ Reserve for Contingencies 004199-581-099.91 $0 $650 March 21, 2000 76 0 r� u TO: Members of the Board of County Commissioners FROM: Jason E. Brown RiAnat Mananer R BUDGET AMENDMENT: 0077 DATE: March 21. 2000 Entry Number Fund/De ent/ Accou Name Account Number Increase Decrease 17. REVENUES TRANSPORTATION FUND/ Cash Forward Revenues 111-000-389-040.00 $105,000 $0 GENERAL FUND/ Cash Forward Revenues 001-000-389-040.00 $32,000 $0 EXPENSES TRANSPORTATION FUND/ Traffic Engineering/ Automotive 111-245-541-066.42 $35,000 $0 TRANSPORTATION FUND/ Road & Bridge/ Heavy Equipment 111-214-541-066.43 $70,000 $0 GENERAL FUND/ Parks/ Automotive 001-210-572-066.42 $32,000 $0 7.P. Resolution No. 2000-034- Supporting theAmount ofl6.000.000 for Acquisition of 12 Additional Acres within the Archie Carr National Eldlif Refuge The Board reviewed the proposed resolution provided. ON MOTION by Commissioner Grin, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted ResolutionNo. 2000-034 supporting the requested amount of $6 million for 12 additional acres of land acquisition within the Archie Carr National Wildlife Refuge. March 21, 2000- 77 I BOOK i I F'AuE t 9 RESOLUTION NO. 2000-034 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE REQUESTED AMOUNT OF $6 MILLION FOR 12 ADDITIONAL ACRES OF LAND ACQUISITION WITI-IIN THE ARCHIE CARR NATIONAL WILDLIFE REFUGE WHEREAS, the Archie Carr National Wildlife Refuge is America's only sea turtle refuge which supports the nesting concentration of threatened loggerhead sea turtles in the United States (the second largest in the world), and is the largest nesting site of endangered green sea turtles in the U.S.; and WHEREAS, The citizens of Indian River County have shown great support of the Archie Carr Refuge by acquisition through the County Environmental Lands Program; and WHEREAS, Indian River County has spent over $7 million for land purchases within the State and Federal Archie Carr Refuge project areas; the State of Florida Department of Environmental Protection has spent over $7 million in Indian River County to date; and the federal contribution for this national wildlife refuge amounts to $10.8 trillion; and WHEREAS, land available for acquisition within the Archie Carr Refuge is quickly disappearing to development and rising and cost; and WHEREAS, development within the Archie Carr Refuge may threaten the sea turtle nesting value of already acquired lands. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA is in full support of full funding for the ARCHIE CARR NATIONAL WILDLIFE REFUGE and urges our representatives in Washington. D.C. to support the requested amount of $6 million for 12 additional acres of land acquisitions within this world-renowned Refuge. The Resolution was moved by Commissioner Ginn , and seconded by Commissioner Stanbridee , and upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn D. Ginn Aye Commissioner Ruth Stanbridge Me Commissioner Kenneth R. Macht AY—e Commissioner John W. Tippin ,Ave. The Chairman thereupon declared the resolution duly passed and adopted this Ll_" day of March, 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey K. Barton, Clerk Fran B. Adams, Chairman - DEPUTY CLERK March 21, 2000 78 -I 8.A. SHERIFF GARY C. WHEELER - APPROVAL OF FEDERAL EQUITABLE SHARING AGREEMENT & S. DEPARTMENT OF JUSTICE The Board reviewed the application as submitted in the backup. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Stanbridge, the Board unanimously authorized the Chairman to sign the Federal Equitable Sharing Agreement, as requested. COPY OF FEDERAL EQUITABLE SHARING AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.B. SHERIFF GARY C. WHEELER - BUDGET ADJUSTMENT - OUT -OF -COUNTY INMATE REVENUE - JANUARY 2000 The Board reviewed a letter of March 13, 2000: 6�j�rf f f GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMS ER OF NATIONAL SHERIFFS' ASSOCIATION 4055 4 1 st AVENUE VERO BEACH, FLORIDA 32960.1808 PHONE (581) 569-6700 March 13, 2000 The Honorable Fran B. Adams, Chairman Indian River Board of County Commissioners f3= �OR� �1 1840 25th Street Vero Beach, FL 32960-3394 �;: ppt�\NQ�\� Re: Budget Adjustment, Out -Of -County Inmate Revenue - G Dear Chairman Adams: This letter is a request to amend our fiscal year 1999-2000 Operating Budget. In the month of January, 2000, we generated prisoner revenue totaling $93,840, detailed below: March 21, 2000- U.S. Marshal - 730 inmate days at $60.00 per day $ 43,800 Charlotte County - 293 inmate days at $45.00 per day 13,185 Polk County -1053 inmate days at $35.00 ger day 36.855 Total Revenue $ 93,840 79 BOOK i='d E'' I The $43,800 when received from the U.S. Marshal's office, will be forwarded to you for deposit into the County's General Fund. We are asking to amend our budget by $50,040 received from Polk County and Charlotte County. The first $15.00 of each inmate day will be used to offset the expense of housing the prisoners. This represents $ 20,190 for the month of January. These monies will be distributed as follows: Corrections Overtime $ 2,935 Corrections Food For Jail 8,627 Corrections Operating Supplies 8.628 Total Corrections $ 20,190 The balance of the revenue, or $29,850, will be used to fund the Aviation Component as agreed during the Budget Hearings in September of last year. These monies will be distributed as follows: Aviation Salaries $16,716 Aviation Operating Expense 13.134 Total Aviation Component $29,850 I am requesting this item be placed on the Agenda at your earliest convenience. If you have any questions or any further information is required, please let me know. Sincerely, A4jd&j4X-" Gary C. Wheeler, Sheriff GCW:mej cc: James E. Chandler, County Administrator Jason E. Brown, Budget Manager Richard Dees The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies. Incorporated ON MOTION by Commissioner Stanbridge, SECONDED BY Commissioner Macht, the Board unanimously approved the budget adjustment as outlined and requested in the above letter March 21, 2000 80 • • 8.C. SHERIFF GARY C. WHEELER- COPS MORE 1998 RETENTION PLAN The Board reviewed a Letter of March 15, 2000: 86. 3-�:,, ADDITIONAL ITEM i C -VAP I L „'I ��jerfff BOARD I CIO' '—,• COMrv11SSIGiv GARY C. WHEELER • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION ' 405541 St AVENUE VERO BEACH. FLORIDA 32960-1808 PHONE (561) 588.8700 March 15, 2000 The Honorable Fran Adams, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960-3394 Dear Chairman Adams: At the request of the Department of Justice, the attached Retention Plan needs to be placed on the Board ofCounty Commissioners' letterhead, signed and returned to me as soon as possible. Therefore, I am requesting that it be placed on the March 21, 2000, agenda Sincerely, AAT e- .4JL1, Gary C. Wheeler, Sheriff GCW:mej Attachment RECEIVED. MAR 16 2000 CLERK TO THE BOARD DISTRIBUTION LIST Commissionts t A Adrinistrmor Attorney_ Personnel Public Works,_____ Community Dor Utilities Finuaca.__^, OYg�__ Emerg. Sen.— Rick Mgt. Other—_ .1t. The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated . ?�•"`` March 21, 2000- 81 SOCK �dCA(;'E ON MOTION by Commissioner Stanbridge, SECONDED BY Commissioner Macht, the Board unanimously authorized the Chairman to approve the Retention Plan, as set out and requested in the above letter. RETENTION PLAN WILL BE ON FILE WHEN EXECUTED AND RECEIVED IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2000-007 - AMENDMG SECTION 101.06 OF THE INDIAN RIVER COUNTY CODE ORGANIZATION OF OFFICE OF COUNTY ATTORNEY) (CLERK'S NOTE: THIS ITEM WAS DISCUSSED FOLLOWING ITEM 9.A.2. BUT HAS BEEN KEPT IN THE SAME ORDER AS THE AGENDA FOR PURPOSES OF CONTINUITY) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO TEE BOARD Terrence P. O'Brien, Acting County Attorney, reviewed the proposed ordinance and a specimen employment agreement as submitted in the backup for the meeting. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Frank Coffey, 5045 Fairway Circle, inquired who would determine the number of staff and how would expense for salaries and car allowances be approved for the County Attorney's office. _ March 21, 2000 82 Acting County Attorney O'Brien responded that both items are covered in the annual budget request for the department and which requires approval of the Board of County Commissioners. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Ordinance No. 2000-007 amending Section 101.06 of the Indian River County Code. ORDINANCE NO. 2000-007 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 101.06 OF THE INDIAN RIVER COUNTY CODE. WHEREAS, Section 101.06 of the Indian River County Code sets forth the duties of the County Attorney; and WHEREAS, the Board of County Commissioners has determined that a reorganization and change in employment procedures would be in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT Section 101.06. The county attorney, which reads as follows: The county attorney shall be a member of the Florida Bar and shall be the legal adviser to the commission, the other board officers, boards, and departments. The county attorney shall be responsible for the administration of the county attorney's office and staff and when necessary shall hire, promote, demote, suspend, or dismiss any employee in the office of the county attorney in accordance with the personnel rules of the county. The county attorney or an assistant county attorney shall attend all county commission meetings and render such professional services as may be required by the commission or the laws of the State of Florida. The county attorney shall prepare an annual budget for the operation of the office and shall submit this budget to the administrator for inclusion in the annual county budget. is hereby amended to read as follows: March 21, 2000- 83 E0 c,K �. 1 BOOK The office of the County Attorney shall consist of the County Attorney, a Deputy County Attorney, and legal staff as necessary. The attorneys shall be members of The Florida Bar and shall be legal advisers to the Commission, other Board officers, departments, and such County Boards and Commissions as necessary. The County Attorney shall be hired by the Board of County Commissioners and shall be responsible for the administration of the County Attorney's Office. The County Attorney shall hire the Deputy County Attorney, with the advice and consent of the Board of County Commissioners. All attorneys hired after March 2000 shall be "at will" contract employees. The County Attorney shall hire, promote, demote, suspend, or dismiss any non -attorney employee in the office of the County Attorney in accordance with the Personnel rules of the County. The County Attorney or the Deputy County Attorney shall attend all County Commission meetings and render such professional services as may be required by the Commission or the laws of the State of Florida. The County Attorney shall prepare an annual budget for the operation of the office and shall submit this budget to the County Administrator for inclusion in the annual County budget. SECTION 2. 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 =h. day of March 2000, for a public hearing to be held on the 21 ct day of March . 2000, at which time it was moved for adoption by Commissioner Gi nn , seconded by Commissioner Stanbri dae , and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 21 st day of March , 2000. Attest• K. Barton, Clerk— Deputy Deputy Clerk 0 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By" a, -K Q �rKD Fran B. Adams Chairman 4- KNOWL DGMENT by the Department of State of the State of Florida, this –�4� day of . 2000. March 21, 2000 0 84 mean Tuve Co, I AGflrova0 01818 A -In. 1 ♦ ;� 2 OU Lµ:1at Z� S�irloet Get, t. Risk Mgr. 0 9.A.2. PUBLIC HEARING - ROUND ISLAND SOUTH LAAO SITE - PURCHASE OF CASEY PARCELS APPROVED IN PARTNERSHIP WITH FLORIDA COMMUNITIES TRUST (CLERK'S NOTE: THIS ITEM WAS DISCUSSED PRIOR TO 9.A,1. BUT HAS BEEN KEPT IN THE SAME ORDER AS THE AGENDA FOR PURPOSES OF CONTINUITY.) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD The Board reviewed a Memorandum of March 13,,2000: TO: James E. Chandler County Administrator DEPA3TMENT HEAD CONCURRENCE: 17 Robert M. Keating, AICP �f Community Development Director FROM: Roland M. DeBlois'�AICP� Chief, Environmental Planning DATE: March 13, 2000 SUBJECT: APPROVAL OF PURCHASE OF THE CASEY PARCELS OF THE ROUND ISLAND SOUTH LAAC SITE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. SUMMeRV Staff recommends that the Board of County Commissioners purchase (with bond funds) the Casey (Stewart) parcels of the Round Island South LAAC project. The proposed purchase contract (already executed by the seller) is summarized as follows: r 'r�g: Indian River County Board of County Commissioners / Florida Communities Trust (Indian River County will hold title) Sam: Evelyn S. Casey (TR) (two parcels) Cost -Share: Florida Communities Trust (50%) (includes sham of acquisition costs) Total Price: $235,000 (average ±$50,000 per upland acre; ±$16,096 per acre overall) Other Costc: ±$6,500 (survey, environ. audit, title insurance) (Estimated) March 21, 2000- 85 BOOK 4r� PALL County Sondc Expenditure: ±$120,750 (approximate, not including initial management costs) Acreage: ± 14.6 acres (± 4.7 ac. uplands, ± 9.9 ac. wetlands) LAAC Recommendation_ The County Land Acquisition Advisory Committee, at its meetings on January 26, 2000, voted to recommend that the Board of County Commissioners purchase the subject parcels. Principal Conditlon: Closing subject to County Commission and FCT Governing Body approval The proposed acquisition consists of two of the remaining three southernmost parcels of the nine parcel Round Island South project. The overall project was approved in 1996 as a Florida Communities Trust (FCT) 50150 cost -share project: the six northern parcels of the project have already been acquired in partnership with the FCT. Round Island South is one of the original ten sites on the LAAC acquisition list when the land bond referendum was passed in 1992. The project is ranked 3rd out of 13 sites on the current LAAC acquisition list. County bond fiords are available for the purchase under the first series $15 million bond issuance. Procedures adopted by the Board of County Commissioners for environmental land acquisition include confidentiality of appraisals. In accordance with the County's Land Acquisition Guide, and Section 125.355 of the Florida Statutes, appraisals can be released for public information once an option agreement is executed between a seller and the County. Regarding the Casey parcels, an option agreement has been executed (binding the seller to a negotiated purchase price), and subsequently the appraisals were released from confidentiality. When a county exercises its confidentiality right in purchasing real property, Section 125.355, F.S. requires that the county approve the purchase at a public meeting not less than 30 days after appraisals are released and public notice of the meeting is given. Since the Chairman of the Board of County Commissioners, pursuant to authority delegated by the Board, executed a purchase option for the Casey parcels, and since appraisals of the parcels were made public at that time, the Board must now consider whether to exercise its purchase option. Consistent with Chapter 125, F.S. requirements. this decision will be made at the March 21, 2000 public meeting of the Board of County Commissioners. By having given 30 days public notice of this proposed action, the County will have complied with Chapter 125 requirements as well as LAAC Guide requirements to hold a public hearing before purchasing property with land acquisition bond fiords. The County Land Acquisition Advisory Committee (LAAC), at its meeting on January 26, 2000, voted 12-0 to recommend that the Board approve the purchase contract. The two parcels' natural areas include impounded salt marsh (± 9.0 acres), unimpounded wetlands (± 0.90 acres), and tropical maritime harnmock (± 4.7 acres). The combined parcels have ± 315 feet of road frontage on SR AIA. The upland portion of the property is zoned RS -3, Single -Family Residential, up to 3 units per acre. The wetlands portion of the property is zoned Con -2, Conservation, I unit per 40 acres (with a transfer of density right (TDR) of 1 unit per acre). Currently, the subject property is owned by Evelyn S. Casey (two parcels, one of which was formerly owned by Courtney Stewart) The current combined tax assessed value of the parcels is $153,750. March 21, 2000 mr 0 0 Two issues which are important to LAAC staff with respect to all proposed purchases are obtaining cost share assistance in property acquisition and addressing management costs. Cost -Share As previously indicated, Indian River County has been awarded a 50% cost -share grant from the FCT for the purchase, including 501/o of pre-acquisition expenditures (e.g., environmental audit, survey, appraisals). Management Costs Besides cost -share, management cost is always an issue with environmental land acquisition. The FCT program, which is highly competitive statewide, awards points for projects based on the provision of resource-based public access and use facilities. In order to qualify for FCT cost -share funding, the County obligated itself in its FCT application to provide limited access and resource-based facilities on the overall project property. Specifically, conditions of the Conceptual Approval Agreement include County provision of nature trails, wetland boardwalks, and wildlife observation piers on the overall Round Island South project property. Management of habitat (e.g., exotics removal) is also required under the cost -share agreement. Because the overall Round Island South project is contiguous to Round Island County Park, which has existing parking and restroom facilities among other improvements, public access improvements on the subject parcels will be minimal. Relating to long term management, the property will be incorporated into the countywide park system and managed by the County Parks Division in coordination with county environmental planning staff. Volunteer groups will be asked to assist the County with certain aspects of property management such as nature trail upkeep and litter patrol. A management plan for the overall project was approved by the County Commission and the FCT when the first six northern parcels of the project were acquired. Addition of the subject parcels will have minimal effect on management commitments already made by the County in acquiring the first six parcels. Attached is a page of the approved management pian summarizing anticipated management costs of the overall Round Island South project. In accordance with County Land Acquisition Guide and FCT procedures, two independent appraisals were obtained to determine an approved appraised value of the property. The appraisal firms selected were S. E. Baker Group, Inc., and Wingo & Associates, Inc. The appraised values for the property are summarized as follows. Parcel Approx. Acres Appraised Values Approved Appraised Negotiated Price (% Value of Approved Uplaud Wetland Appraised Value) Casey (fk a. Stewart 2.2 6.0 Baker. S110,000 $110,000 S 110,000 (100%) Parcel) -Lot 23 Wingo: 51051600 Casey - Lot 24 2.5 3.9 Baker: 5125,000 S125,000 $125,000 (100%) Wingo: S120,000 Total: 4.7 ae. 9.9 as (NIA) 5233.000 5234.000 (100% The combined negotiated purchase price of $235,000 is ± 100% of the overall approved appraised value for the subject parcels. March 21, 2000- 87 r In coming to terns with FCT and county staff on the negotiated purchase prices (subject to County Commission and FCT approval), the seller has executed a standard FCT purchase contract Option Agreement with minor modifications. A copy of the contract is attached to this staff report. ANALYSIS Purchase of the two parcels will result in County ownership of all of the parcels west of S.R. AIA between Round Island Park (riverside) and the south county line, with the exception of the southernmost (Stebbins) parcel. As with all LAAC site purchase negotiations, staffs objective is to negotiate a purchase price at or below the approved appraised value, and staff has fulfilled that objective in this case. The negotiated purchase price of the Casey parcels, however, is 100% of the approved appraised value, higher than the average of the two appraisals. Because the negotiated purchase price of the Casey parcels is higher than the average of the appraised values, approval of the Casey land purchase will require a "super -majority" (4 out of 5) vote of the County Commission. Conservation Policy 6.3 of the 2020 County Comprehensive Plan commits the County to acquire a minimum of 100 acres of coastal tropical hammock for conservation purposes. Although the County has fulfilled this minimum acreage requirement, the subject parcels contribute to this policy by conserving ± 4.7 acres of tropical hammock. The purchase would also further objectives in the County comprehensive plan relating to open space, recreation, flood plain protection, and tare species conservation. Staff recommends that the Board of County Commissioners approve exercise of the purchase contract for the Casey parcels of the Round Island South LAAC site, and authorize staff to proceed with closing on the subject parcels in coordination with the Florida Communities Trust as a 50% cost -share partner. • Map of Round Island South project parcels management cost estimates • Excerpt from overall conceptual management plan regarding manag • Option Agreement March 21, 2000 88 -I ,eM r u WS p -- LUT 3 ROMW ISLAND CO_. PAW • r 1�1 s . r C3 r � ACQUIRED) (MMOUSLY r 0 ?V W O W sualEcr usEY rAsou ctwot SL LURE CQ ROUND ISLAND SOUTH March 21, 2000 88 -I Chief Environmental Planner Roland M. DeBlois reviewed the memorandum using backup page 143 (map graphic) and maps of the area displayed on the overhead to aid in his presentation. He pointed out that Round Island South was one of the original LAAC sites when the bond issue referendum was passed in 1992. He advised of the assessed value and discussed the purchase price in relationship to the appraised values. He stated that a super - majority vote of the Board (4 out of 5) would be required to approve the purchase. He pointed out that there is a maritime hammock in the upland and there are opportunities to restore and enhance the marsh lands. He displayed an aerial photograph to indicate the relationship of the Casey parcels to the improved Round Island Park. He advised of staff's recommendation to approve exercising the option for the purchase contract and move forward with the closing. Vice Chairman Ginn thought the appraisals should have been done by local appraisers and questioned who selected the appraisal firms, and Mr. DeBlois stated that the appraisers were selected by the County's acquisition consultant, Charles Hardee ofFloridAffinity, Inc., based on the appraisers' familiarity with the State's process. Mr. DeBlois also stated in response to a further question of Vice Chairman Ginn, that the property would be titled 100% in Indian River County. Commissioner Stanbridge was concerned about the lot to the south, and Mr. DeBlois explained that the parcel belonged to Mr. Stebbins who also owns the adjacent lots in St. Lucie County. He felt that Mr. Stebbins might entertain a package purchase and perhaps we might partner with St. Lucie County. County staff is working toward that goal. Commissioner Stanbridge commented that there will be an opportunity to improve the water quality and thus grants would be available. Vice Chairman Ginn favored our county purchasing the Stebbins' parcel within our boundaries and felt that St. Lucie County should acquire the property on their side of the March 21, 2000- 89 r 0 EOCK i 2) r'�'- ' county line. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Vice Chairman Macht, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the exercise of the purchase contract for the Casey parcels of the Round Island South LAAC site and authorized staff to proceed with closing on the subject parcels in coordination with the Florida Communities Trust as a 50% cost -share partner, as recommended in the memorandum. DOCUMENTS WILL, BE ON FILE WHEN EXECUTED AND RECEIVED IN THE OFFICE OF THE CLERK TO THE BOARD 9.A.3. PUBLIC HEARING - ORDINANCE NOS. 2000-008 AND 2000-009 - COUNTY -INITIATED AMENDMENTS TO COMPREHENSIVE PLAN AND ZONING ORDINANCE - THOMAS AND GRETCHEN COLLINS (,Lggislahvel 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 March 1422000: TO: James E. Chandler, County Administrator DEPARTMENT HEAD/CONCURRENCE Robert M. Keating, AICP; Cen munity Development Director THROUGH: Sasan Rohani, AICP; Chief of Long -Range PlanningS� ✓� FROM: John Wachtel; Senior Planner, Long -Range Plannin ' March 21, 2000 90 c: • DATE: March 14, 2000 RE: County Initiated Request to Amend the Comprehensive Plan to Redesignate ±1.39 Acres from L-2 to C-1, and to Rezone Those ±1.39 Acres from RS -1 to Con -1; and to Rezone ±0.54 Acres from RS -1 to RS -6 PLAN AMENDMENT NUMBER: LUDA 99-09-0068 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. This request involves two portions of one ±1.93 acre parcel. That parcel is located on the northern part of the barrier island, ±700 feet west of Jungle Trail and a quarter mile south of CR 510. Depicted in Figure 1, the parcel runs from Earring Point Drive south to the Indian River Lagoon. Figure 1: Location and Zoning of the Subject Properties Town of Orchid CR 510 ------- -------- -------------------- A-1 A-1 ,m Michael ` Creek RM -6 Earring Point Dr. y Indian River RS -1 Lagoon - RM -6 Subject Property 1 't' -- N Subject Property 2 The western portion of the ±1.93 acre parcel will be referred to as Subject Property 1. With an area of 1.39 acres, Subject Property 1 consists largely of estuarine wetlands. The request is to redesignate Subject Property 1 from L-2, Low -Density Residential -2 (up to 6 units/acre), to C-1, Publicly Owned or Controlled Conservation -1 (zero density); and to rezone Subject Property 1 from RS -1, Single - Family Residential District (up to 1 unit/acre), to Con -1, Conservation District (zero density). While March 21, 2000 - FSI • a� Qsj" F, Subject Property 1 is not publicly owned, public control of the site has been secured through a conservation easement to the County. The remaining +0.54 acres of the ±1.93 acre parcel will be referred to as Subject Property 2 and consist primarily of vacant uplands. This request involves rezoning Subject Property 2 from RS -1 to RS -6, Single -Family Residential District (up to 6 units/acre). There are two purposes for this request. The first is to secure the necessary land use designation and zoning to ensure that Subject Property 1's environmental significance will be preserved. The second purpose of this request is to facilitate the development of a single-family house on Subject Property 2. Building setbacks within the existing RS -1 district (30 feet from all property lines) are designed for lots of approximately one acre or larger. Within the proposed RS -6 district, setbacks (20 feet from front and rear property lines, 10 feet from side property lines) provide more flexibility in locating buildings. At the January 27, 2000, Planning and Zoning Commission meeting, the commission voted 6 to 0 to recommend that the Board of County Commissioners redesignate Subject Property 1 to C-1, and rezone Subject Property 2 to RS -6. Because of an advertising mistake the Planning and Zoning Commission did not formally consider rezoning Subject Property 1 until February 10, 2000. At that time the Planning and Zoning Commission voted 7 to 0 to recommend that the Board of County Commissioners rezone Subject Property 1 to Con -1. Comprehensive Plan Amendment Review Procedures The state allows local governments to use alternative adoption procedures for "small scale" plan amendments that meet certain criteria. Section 163.3187(1)(c) of the Florida Statutes sets the following criteria for small scale amendments: 1. The proposed amendment involves 10 or fewer acres; 2. The cumulative effect of the acreage for all small scale amendments in the jurisdiction does not exceed 80 acres in a calendar year, 3. The proposed amendment does not involve the same property granted a land use designation change within the prior 12 months; 4. The proposed amendment does not involve the same owner's property within 200 feet of property granted a land use designation change within the prior 12 months; 5. The proposed amendment does not involve a change to the comprehensive plan's text; 6. The subject property is not within an area of critical state concern; and 7. The proposed amendment does not involve increasing residential density above 10 units/acre. Small scale plan amendments are deemed to have fewer impacts than typical plan amendments and are eligible for a streamlined adoption process. In contrast to typical plan amendments which require review and approval by the State Department of Community Affairs (DCA), local governments may adopt small scale plan amendments without review or approval by DCA. The procedures for reviewing small scale comprehensive plan amendments are as follows. First, the Planning and Zoning Commission conducts a public hearing to review the request. The Commission March 21, 2000 Gia C has the option to recommend approval or denial of the comprehensive plan amendment request to the Board of County Commissioners. Also, the Planning and Zoning Commission may recommend approval of or deny the rezoning portion of the request. If the rezoning request is denied, only the land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. Following Planning and Zoning Commission action, the Board takes final action to approve or deny the land use amendment and rezoning requests. Besides being exempt from DCA review, small scale amendments are also exempt from the state's statutory limitations on the frequency of adopting comprehensive plan amendments. For example, although the number of typical plan amendments that a local government may consider is not limited, the frequency with which local governments can amend their comprehensive plan is regulated by state law. According to Florida Statutes, typical plan amendments are limited to twice per calendar year. For that reason, the county accepts typical plan amendment applications only during the two "window"months of January and July. All requests submitted during each window month are processed simultaneously. That method ensures that typical plan amendments will be adopted no more than twice per calendar year. State law, however, provides several exceptions to the twice per calendar year limitation. One of those exceptions is for small scale plan amendments. Consequently, a local government may adopt small scale amendments, such as the subject plan amendment, without regard for the twice per calendar year limitation. For that reason, the proposed amendment is exempt from the twice per calendar year adoption limit. The overall ±1.93 acre parcel is zoned RS -1 in the county's zoning atlas and consists of estuarine wetlands and vacant uplands that were cleared in the late 1980's. Although each subject property contains both wetlands and uplands, Subject Property 1 is mostly wetlands and Subject Property 2 is all uplands except for a narrow band of wetlands near the shore of the Indian River Lagoon. The overall parcel is bounded on the north (across Earring Point Drive), east, and west by estuarine wetlands; and on the south by the Indian River Lagoon. Although the county's zoning atlas depicts estuarine wetlands within the county as having various zoning designations, all privately owned estuarine wetlands are deemed to be zoned Con -2, Estuarine Wetland Conservation District (up to 1 unit/40 acres). The overall ±1.93 acre parcel and surrounding properties are designated L-2, Low -Density Residential -2, on the county future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. Although designated L-2 on the future land use map, portions of the subject properties and adjacent lands consist of privately owned estuarine wetlands. Future Land Use Element Policies 1.6 and 1.7 state that privately owned estuarine wetlands are deemed to be designated C-2, Conservation -2. The C-2 designation permits conservation uses, limited recreational uses, and residential uses with densities up to 1 unit/40 acres for on-site development or 1 unit/acre for transferable development rights. March 21, 2000- 93 60n� q :� F�1GE Fes' • I 0 BOOK tA"j, Originally, the subject properties consisted only of estuarine wetlands and a narrow mangrove fringe along the Indian River Lagoon. In the late 1980's, however, a portion of the wetlands were legally filled and mitigated. Currently, Subject Property 1 is predominately wetlands, while Subject Property 2 is nearly exclusively uplands. Both subject properties are within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of nine feet NGVD. The overall ±1.93 acre parcel is within the Urban Service Area of the county. Water lines from the North County Reverse Osmosis Plant extend along Jungle Trail to within a quarter mile of the site. The nearest wastewater collection lines are more than 2,000 feet from the site. Those lines extend along CR 510 from the North County Wastewater Treatment Plant. The overall ±1.93 acre parcel is accessed from Earring Point Drive via Jungle Trail. Earring Point Drive is a two lane marl road that runs west from Jungle Trail and is located within a thirty-five foot wide ingress and egress easement that abuts the site's north boundary. Jungle Trail is a two-lane, unpaved, local road that has been designated by the county as an historic and scenic road with special building setbacks and vegetation protection areas along its entire length. Although the county has a forty foot wide public road right-of-way for this segment of Jungle Trail, the actual width of the traveled way ranges from eight feet to twenty-two feet. 7,rr tr.WXT17 im, itMrTr-7 Past zoning practices of the county for riverfront land and estuarine wetlands explain why the subject properties are currently zoned RS -1 in the county zoning atlas. Currently, zoning in the county is based on future land use designations depicted on a future land use map that is part of an adopted comprehensive plan. That, however, has not always been the case. Although zoning was established in the county in 1957, the county's first comprehensive plan was not adopted until 1976. Not until 1985 was zoning made to conform to the county's comprehensive plan. Prior to 1985, the subject properties were zoned R -2D, Multiple -Family. That zoning district required that all conforming lots be at least 7,200 square feet in size. The maximum density for the R -2D district, therefore, was approximately 6 units/acre. In 1985, a countywide rezoning effort was undertaken to make zoning in the county correspond to the 1982 comprehensive plan's land use designations. The 1982 plan designated the site as LD -2, Low Density Residential -2 (up to 6 units/acre). Land consisting of estuarine wetlands, however, was designated as environmentally sensitive. The subject properties fell into that category. Since the county at that time did not have a special zoning district for environmentally sensitive land, and the extent of the estuarine wetlands was not known, the entire ±1.93 acre parcel was down -zoned from R -2D to RS -1. The RS -1 zoning district, which allows a residential density of up to 1 unit/acre, was consistent with the then applicable 1 unit/acre density of the environmentally sensitive land use designation. March 21, 2000 94 0 When the current comprehensive plan was adopted in 1990, the site was given the L-2 land use designation on the Future Land Use Map. The county, however, recognized that, because of the scale of the Future Land Use Map, the map provides generalized, not site specific information. For that reason, when the plan was adopted, the county also added a provision that required the boundaries of the C-2, Privately Owned Estuarine Wetland Conservation -2, land use designation to be based on a site specific environmental survey of estuarine wetlands on a site. In 1991, the county adopted Land Development Regulations (LDRs) which created the Con -2, Privately Owned Estuarine Wetland Conservation, zoning district for privately owned estuarine wetland areas. Although generally not depicted on the county's zoning atlas, the Con -2 district is established when development is proposed for a site containing estuarine wetland habitat. The boundaries of the Con -2 zoning district (like the boundaries of the C-2 land use designation) are then based on a site specific environmental survey of the property. This information is important because it indicates that the subject properties are currently zoned RS- I because of a past "broad brush" approach to designating environmentally sensitive land. Since the underlying comprehensive plan designation is L-2, the upland portion of Subject Property 2 may be rezoned to any of several residential districts, including the requested RS -6 district. Although not depicted on the zoning atlas, the small wetland portion of Subject Property 2 is zoned Con -2. In this section, an analysis of the reasonableness of the request will be presented. Specifically, this section will include: • an analysis of the request's impact on public facilities; • an analysis of the request's compatibility with the surrounding area; • an analysis of the request's consistency with the county's comprehensive plan; and • an analysis of the request's potential impact on environmental quality. Both subject properties are located within the county Urban Service Area, an area deemed suited for urban scale development. The Comprehensive Plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management and Recreation (Future Land Use Policy 3.1). The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. For land use designation amendment and rezoning requests, this review is undertaken as part of the conditional concurrency determination application process. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since land use designation amendment and rezoning requests are not projects, county regulations call for the concurrency review to be based on the most intense use of the subject property based on the requested land use designation or zoning district. As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. For the land use amendment portion of the subject request, the density/intensity oft1.39 acres (Subject Property 1) will be reduced. For that reason, the land use amendment portion of this request is exempt from the concurrency review. March 21, 2000- &-I eil�Q�i �.,u. rel BOOK 11,2, i ALE t _ 8 The rezoning portion of the request, however, is to increase the density of ±0.54 acres (Subject Property 2) from 1 unit/acre to 6 units/acre. For that reason, the rezoning portion of this request is not exempt from the concurrency review. Therefore, the follow concurrency analysis was conducted for the rezoning portion of the request. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 10.54 acres 2. Existing Zoning District: RS -1, Single -Family Residential District (up to 1 unit/acre) 3. Proposed Zoning District: RS -6, Single -Family Residential District (up to 6 units/acre) 4. Most Intense Use of Subject Property under Existing Zoning District: 1 single-family unit 5. Most Intense Use of Subject Property under Proposed Zoning District: 3 single-family units (Although the size and environmental characteristics of the subject property indicate that no more than one single-family house could be built on the site, regardless of zoning district, for concurrency purposes this staff report will analyze the impacts of three single- family units.) Transportation Three single-family units would be anticipated to generate 3 peak hour/peak season/peak direction trips on the county's roadway network. Sufficient capacity to accommodate those trips exists on all impacted roads. Impacted roads are defined in section 910.09(4)(b)3 of the county's LDRs as roadway segments which receive five percent (5%) or more of the project traffic or fifty (50) or more project trips, whichever is less. Because sufficient capacity is available, the existing level of service on impacted roadways would not be lowered by the traffic generated by development of 3 single- family units on Subject Property 2. Water Centralized potable water service is available to Subject Property 2 from the North County Reverse Osmosis Plant. With the most intense use allowed under the proposed rezoning, Subject Property 2 will have a water consumption rate of 3 Equivalent Residential Units (ERU), or 750 gallons/day. This is based upon a level of service standard of 250 gallons/ERU/day. Since the North County Reverse Osmosis Plant currently has a remaining capacity of approximately 2,300,000 gallons/day, the plant can accommodate the additional demand generated by the proposed zoning. Wastewater Although wastewater collection lines do not extend to Subject Property 2 at this time, the site is located within the North County Wastewater Service Area. If a 3 unit residential project on Subject March 21, 2000 0 0 Property 2 connected to the regional wastewater treatment system, that project would have a wastewater generation rate of 3 Equivalent Residential Units (ERU), or 750 gallons/day. This is based upon a level of service standard of 250 gallons/ERU/day. Since the North County Wastewater Treatment Plant currently has a remaining capacity of approximately 460,000 gallons/day, the plant can accommodate the additional demand generated by the proposed zoning. Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. The county's adopted level of service standard for landfill capacity is 1.97 cubic yards/person/year. With the county's average of approximately 2.3 persons/unit, a 3 unit residential development would be anticipated to house approximately 7 people (2.3 X 3). For the subject request to meet the county's adopted level of service standard of 1.97 cubic yards/person/year, the landfill must have enough capacity to accommodate approximately 14 (7 X 1.97) cubic yards/year. A review of the solid waste capacity for the active segment of the county landfill indicates the availability of more than 820,000 cubic yards. The active segment of the landfill has a 1 year capacity, and the landfill has expansion capacity beyond 2010. Based on the analysis, staff determined that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district. Drainage All developments are reviewed for compliance with county stormwater regulations which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Any development on Subject Property 2 will be prohibited from discharging any runoff in excess of the pre -development rate. In this case, the minimum floor elevation level of service standard applies, since the property lies within an AE flood zone, as designated on the Federal Emergency Management Agency's Flood Insurance Rate Map. Consistent with Stormwater Management Sub -Element Policy 1.2 and section 930.07(2) of the county's LDRs, any new buildings constructed within an AE flood zone "must be elevated a minimum of six inches above the base flood level." Since the subject property lies within Flood Zone AE -9, any development on this property must have a minimum finished floor elevation of no less than 9.5 feet above mean sea level. Besides the minimum elevation requirement, on-site retention and discharge standards also apply to this request. With the most intense use of Subject Property 2, the maximum area of impervious surface under the proposed zoning classification will be approximately 14,113 square feet, or 0.324 acres. The estimated runoff volume, based on that amount of impervious surface and the 25 year/24 hour design stone, will be approximately 14,482 cubic feet. In order to maintain the county's adopted level of service, the applicant will be required to retain approximately 2,999 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is estimated that the pre - development runoff rate is 2.84 cubic feet/second. Based upon staffs analysis, the drainage level of service standards will be met by limiting off-site discharge to its pre -development rate of 2.84 cubic feet/second, requiring retention of 2,999 cubic feet of runoff for the most intense use of the property, and requiring that all finished floor elevations exceed 9.5 feet above mean sea level. As with all development, a more detailed review will be conducted during the development approval process. March 21, 2000- 97 I FF, 0 BOOK i f - C,i`G'- L �s,d L (L, Recreation A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the Subject Property 2 under the proposed zoning district indicates that the adopted levels of service would be maintained. The following table illustrates the additional park demand associated with the proposed development of the property and the existing surplus park acreage. PARK INFORMATION LOS (Acres per 1,000 Population) Project Demand (Acres) Surplus Park Acreage 4.0 0.028 232 Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including drainage, mads, solid waste, recreation, water, and wastewater, have adequate capacity to accommodate the most intense use of Subject Property 2 under the proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request. Land use amendment and rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Those requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing land use amendment and rezoning requests. Of particular applicability for this request are the following policies. Future Land Use Element Policy 143 In evaluating a land use amendment request, the most important consideration 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: • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. March 21, 2000 98 0 I The proposed land use amendment meets the policy's third criterion. On February 13, 1990, when the comprehensive plan was adopted, Subject Property 1 was under private ownership and control. At that time, Subject Property 1 was correctly designated for residential uses. Since then, a conservation easement transferring control of the site to the county has been placed on Subject Property 1. The placement of that easement giving control of Subject Property 1 to the countv ennstitutes a substantial change in circumstances affecting the site and meets the third criterion of Future Land Use Element Policy 14.3. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 14.3. Future Land Use Element Policies 1.5 and 1.6 Future Land Use Element Policy 1.5 states that the Conservation land use designations shall be applied to lands that play a vital or essential role in the functioning of the county's ecosystems and merit preservation. Future Land Use Element Policy 1.6 states that the C-1 designation can apply to environmentally important land that is owned or controlled by public entities for conservation purposes. Subject Property 1 consists of environmentally important estuarine wetlands associated with the Indian River Lagoon. Additionally, a conservation easement gives control of Subject Property 1 to the County. For those reasons, the request implements Future Land Use Element Policies 1.5 and 1.6. Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policy 1.12 states that the L-2, Low -Density Residential -2, land use designation is intended for residential uses with densities up to 6 units/acre. In addition, Future Land Use Element Policy 1.11 states that these residential uses must be located within the urban service area Since Subject Property 2 is located within an area designated as L-2 on the county's future land use plan map and is located within the county's urban service area, and the proposed zoning district would allow residential uses no greater than the 6 units/acre permitted by the L-2 designation, the proposed request is consistent with Policies 1.11 and 1.12. While the above referenced policies are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. The proposed land use amendment involving Subject Property 1 eliminates the development potential of that site. For that reason, no incompatibilities associated with that portion of the request are anticipated. Additionally, the following factors indicate that the proposed rezoning of Subject Property 2 will not increase incompatibilities with surrounding properties. Because of the site's relatively small size, it is not likely to be developed with more than one single-family house, regardless of the zoning district. • Due to the subject property's somewhat isolated location, the site has few neighbors that could be impacted by site development. March 21, 2000- 99 r BOOK ` • Because land surrounding the site consists primarily of wetlands, that land has little development potential. For that reason, it is unlikely that the subject property will ever have any new neighbors. • Land bordering the subject property on the west is owned by applicant. For those reasons, granting the proposed rezoning request for Subject Property 2 would result in development that is compatible with surrounding areas. Potential Impact on Environmental Quality The land use designation portion of the request ensures that the environmental quality of the estuarine wetlands that comprise most of Subject Property 1 will be preserved and protected. Due to the small size of Subject Property 2, development of more than 1 single-family house on that site is unlikely. Because Subject Property 2 is predominately a cleared upland site, the environmental impacts of development on that site would be minimal. Other than a small estuarine wetland area and the mangrove fringe along the Indian River Lagoon, the site does not contain any environmentally important habitat. While federal, state and county regulations protect the wetlands, the mangroves are protected by state law and cannot be trimmed, altered, or removed without state permits. As with all riverfront properties, stormwater management and wastewater disposal issues will be addressed through the county's permitting process. For those reasons, no significant adverse environmental impacts associated with this request are anticipated. The requested land use designation and zoning are compatible with the surrounding area, consistent with the comprehensive plan, meet all concurrency criteria, and will have no negative impacts on environmental quality. As environmentally important land that is under public control, Subject Property 1 meets the criteria for the C-1 land use designation. Subject Property 2 is located in an area deemed suited for low-density residential uses and meets all applicable rezoning criteria. For these reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the attached ordinances to redesignate Subject Property 1 to C-1, to rezone Subject Property 1 to Con -1, and to rezone Subject Property 2 to RS -6. 1. Summary Page 2. Land Use Designation Amendment Application 3. Rezoning Application 4. Approved Minutes of the January 27, 2000, and the February 10, 2000, Planning and Zoning Commission Meetings 5. Land Use Designation Amendment Ordinance 6. Rezoning Ordinance March 21, 2000 100 Community Development Director Robert M. Keating reviewed the memorandum and used an outline (copy presented to the Clerk to the Board and placed in the backup) to focus on the important aspects of this matter. He pointed out that this differs from most Comprehensive Plan amendments in that two public hearings are not required nor does it have to be sent to the Department of Community Affairs because it is considered a small scale amendment. He concluded with staff's recommendation to adopt the proposed ordinances. Commissioner Stanbridge was concerned that if the Board agreed to rezone the ±0.54 acre parcel there was potential for Mr. Collins to build more than one unit on the property. Director Keating responded that the only way that could be done would be through the PD process but the configuration of the (±0.54 acre) property and necessary setbacks would make a PD highly unlikely. Commissioner Stanbridge was further concerned that if the Board granted these changes they would be setting a precedent, and Director Keating pointed out that the rezoning requested is consistent with the present regulations. Chairman Adams inquired as to the depth and width of the property, and Deputy County Attorney Will Collins (no relation to Thomas and Gretchen) provided a map of the parcel. Commissioner Macht recalled that the Board had come to this point because taxpayers' monies were saved by an earlier action concerning the property which included an understanding with Mr. Collins that the property's use and zoning would be modified. Chairman Adams was quite concerned that increasing the zoning on the ±0.54 acre parcel to RS -6 would allow 3 units on the site, and Attorney Collins explained the constraints of the configuration and location as well as the limitations of the conservation easement. March 21, 2000 101 r y � Commissioner Macht felt that the Board would have even more control if Mr. Collins wanted to go into the PD process. Commissioner Stanbridge had a problem with changing the zoning to RS -6 and felt - Mr. Collins needed to live with the RS -1 designation. She strongly advocated the ±0.54 acre parcel not be rezoned to RS -6. Chairman Adams inquired if Mr. Collins would consider a caveat to limit the property to one unit and asked how the Board could arrive at such a limit. She felt it was not unreasonable to leave the ±0.54 acre zoned RS -1. Attorney Collins stated that the Board could decide to not rezone the ±0.54 acres. Then he explained the setback restrictions on the RS -1 zoning versus the RS -6. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bea Gardner, 986 25* Street, Vero Beach, asked that the subject properties be pointed out to her on the ELMO. She expressed concern that there might be a dock built on the 0.54 acre parcel which might lead to a proliferation of docks in that area. Director Keating explained all the restrictions in detail. ChairmanAdams asked Ms. Gardner to restricther remarks to the subject athand, and Ms. Gardner stepped down from the podium. It was determined that no one else wished to be heard and the Chairman closed the public hearing. March 21, 2000 102 ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Ginn, the Board unanimously adopted Ordinance 2000-008 amending the Future Land Use Element of the Comprehensive Plan by changing the land use designation for a ±1.39 acre tract located on the northern part of the barrier island, approximately 900 feet west of Jungle Trail and a quarter mile south of CR 510, from L-2 to C-1; and Ordinance No. 2000-009 amending the Zoning Ordinance and the accompanying Zoning Map for a ±1.39 acre tract located on the northern part of the barrier island, approximately 900 feet west of Jungle Trail and a quarter mile south of CR510 from RS -1 to CON -1. (CLERK'S NOTE: THE INTENT OF THIS MOTION WAS TO APPROVE THE PROPOSED ORDINANCES WITH THE EXCEPTION OF THE REZONING OF THE ±0.54 ACRE PARCEL TO RS -6.) ORDINANCE NO. 2000- 008 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR A ±1.39 ACRE TRACT LOCATED ON THE ON THE NORTHERN PART OF THE BARRIER ISLAND, APPROXIMATELY 900 FEET WEST OF JUNGLE TRAIL AND A QUARTER MILE SOUTH OF CR 510, FROM L-2 TO C-1; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on January 27, 2000, after due public notice, and WHEREAS, the Local Planning Agency voted 6 to 0 to recommend approval of this comprehensive plan amendment to the Board of County Commissioners, and March 21, 2000- 103 BOOK 5 0 0 K I 'pi t , ', ORDINANCE NO. 2000- 008 WHEREAS, this Comprehensive Plan Amendment meets the criteria established in Chapter 163.3187(1)(c), FS, for "small scale development amendments", and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 21, 2000, after advertising pursuant to Chapter 163.3187(1)(c), FS and Chapter 125.66(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted as a small scale development amendment, and one (1) copy is directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: Commencing at the southwest corner of Government lot 3, Section 26, Township 31 South, Range 39 East; then run west along the north line of Government Lot 5 a distance of 705.96 feet to a point. Then run south a distance of 59.51 feet; Then run south 70000'00" east a distance of 6.81 feet; Then run east a distance of 50.00 feet; Then run south 60000'00" east a distance of 60.00 feet; Then run south 80000'00" east a distance of 11.82 feet; Then run south to the mean high water line of the Indian River Lagoon and Point of Beginning. Then retracing the above courses run north 31.11 feet, more or less, to a point; then run north 80000'00" west a distance of 11.82 feet; then tun north 60000'00" west a distance of 60.00 feet; then run west a distance of 50.00 feet; then run north 70000'00" west a distance of 6.81 feet; then run north a distance of 59.51 feet to said north line of Government Lot 5; then run west along said north line a distance of 612.25 feet to the west line of said Government Lot 5; then run south a distance of 21.00 feet more or less to the mean high water line of the Indian River Lagoon; then meander easterly along said mean high water line to the Point of Beginning less and except the west 100.00 feet thereof. Said land lying and being in Indian River County, Florida. March 21, 2000 104 • ORDINANCE NO. 2000-008 Is changed from L-2, Low -Density Residential -2 (up to 6 units/acre), to C-1, Publicly Owned or Controlled Conservation -1 (zero density) and the Future Land Use Map is hereby revised accordingly. SECTION 3. 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. SECTION 4. SeverabilitT It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date Unless challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be April 21, 2000. If challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. This ordinance was advertised in the Press-Joumal on the 8" day of March, 2000, for a public hearing to be held on the 21' day of March, 2000, at which time it was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Gi nn , and adopted by the following vote: March 21, 2000 Chairman Fran B. Adams Aye Vice -Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Aye 105 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY" Fran B. Adams, Chairman ATTEST BY:='= r��A-- -*'� K. Barton;-lgrk 4 7 at�c�cc .'Jl .�C�� � 23r• BOOK i'A1 • BOOK 1120 �1Gt ORDINANCE NO. 2000-008 .4 Acknowledgment by the Department of State of the State of Florida this- day of, '2000. Acknowledgment from the Department of State received on this 7 day of , 2000, at //, '0 A.M./ County and filed in the office of the Clerk of the Board of Coun Comftfissioners of Indian River County, Florida. u\v\j\lu\tcollins\ludaord.wpd to®an Rim Ca Aooroved Dale Admin V1 <r 3 r OU Legal tA .j . Budget - 3 Deal Risk Mgt. ORDINANCE NO. 2000-009 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR A ±1.39 ACRE TRACT LOCATED ON THE ON THE NORTHERN PART OF THE BARRIER ISLAND, APPROXIMATELY 900 FEET WEST OF JUNGLE TRAIL AND A QUARTER MILE SOUTH OF CR 510, FROM RS -1 TO CON -1; AND DESCRIBED HEREIN, AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; March 21, 2000 106 ORDINANCE NO. 2000- 009 NOW, THEREFORE, BE IT ORDAINED, by the -Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: Commencing at the southwest corner of Government lot 3, Section 26, Township 31 South, Range 39 East; then nm west along the north line of Government Lot 5 a distance of 705.96 feet to a point. Then run south a distance of 59.51 feet; Then run south 70o00'00" east a distance of 6.81 feet; Then run east a distance of 50.00 feet; Then run south 60o00'00" east a distance of 60.00 feet; Then run south 80000'00" east a distance of 11.82 feet; Then run south to the mean high water line of the Indian River Lagoon and Point of Beginning. Then retracing the above courses run north 31.11 feet, more or less, to a point; then run north 80°00100" west a distance of 11.82 feet; then run north 60o00'00" west a distance of 60.00 feet; then run west a distance of 50.00 feet; then run north 70o00'00" west a distance of 6.81 feet; then run north a distance of 59.51 feet to said north line of Government Lot 5; then run west along said north line a distance of 612.25 feet to the west line of said Government Lot 5; then run south a distance of 21.00 feet more or less to the mean high water line of the Indian River Lagoon; then meander easterly along said mean high water line to the Point of Beginning less and except the west 100.00 feet thereof. Said land lying and being in Indian River County, Florida. Be changed from RS -1 to Con -1; All with the meaning and intent and as set forth and described in said Land Development Regulations. Effective Date: The effective date of this ordinance shall be the same as the effective date for the related comprehensive plan amendment, Ordinance #2000-008 . If the related comprehensive plan amendment, Ordinance #2000-008 , is not challenged, the effective date of this rezoning ordinance shall be April 21, 2000. If the related comprehensive plan amendment, Ordinance #2000- 008 , is challenged, the effective date of this rezoning ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the comprehensive plan amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21' day of March, 2000. March 21, 2000 KIM F, E00K a 'r'��GL -12j ORDINANCE NO. 2000-009 This ordinance was advertised in the Press -Journal on the 8'' day of March, 2000, for a public hearing to be held on the 215` day of March, 2000, at which time it was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Gi nn , and adopted by the following vote: Chairman Fran B. Adams Vice -Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht _dye Commissioner Ruth M. Stanbridge _dye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BYED /0/1C a 0&- 4w Fran B. Adams, Chairman ATTEST BY: �< Barto'{n, C-lerk— This ordinance was filed with the Department of State on the following date: u\v\j\lu\tcol ins\rzonordl.wpd March 21, 2000 InLhn fbva Cs AMOved Date Admin Legal Budget 3 Z/ Dept Rlsx Mgr. 108 9 40 MOTION WAS MADE by Commissioner Stanbridge, SECONDED BY Vice Chairman Ginn, to deny the request to rezone the ±0.54 acres located on the northern part of the barrier island, approximately 700 feet west of Jungle Trail and a quarter mile south of CR 510 from RS -1 to RS -6. Under discussion, Commissioner Macht felt the Board was somewhat "honor bound" to fulfill the agreement that had been made with the owner, Mr. Collins. In response to Chairman Adams' inquiry, Director Keating explained that RS -1 zoning has 20' side yard setbacks and Mr. Collins' problem is the setback to the east. The RS -6 zoning would give Mr. Collins the building footprint wants. Vice Chairman Ginn asked if there was any other way Mr. Collins could build what he wants without changing the zoning. Commissioner Stanbridge was still opposed to changing the zoning on the ±-/54 acre parcel and suggested that Mr. Collins could change his house plans. Commissioner Tippin stated staff has spent many hours on this and he respected staff's expertise. He saw no problem with changing the zoning to RS -6 on the ±0.54 acre parcel thus allowing Mr. Collins an additional setback. Vice Chairman Ginn agreed, but felt this would be setting a precedent. Acting County Attorney Terrence P. O'Brien commented that eveg the Board does sets a precedent. Vice Chairman Ginn felt the Board had an obligation (to rezone the ±0.54 acre), but did not want to see 3 units on the property. Commissioner Stanbridge pointed out that while Mr. Collins might not build 3 units, if he sold the property, the purchaser would not necessarily have to build just one house there. March 21, 2000- 109 Fr- Boer, Attorney Collins stated that Mr. Collins had agreed to build one home, but if the property were to be sold, if the Board rezoned it RS -6, the successor would not be bound by Mr. Collins' agreement. The Chairman CALLED THE QUESTION and the motion carried 3-2 (Commissioner Macht and Commissioner Tippin opposed). 9.B. PUBLIC DISCUSSION ITEM - APPEAL BY BILL MILLS OF COUNTY ADMINISTRATOR'S DECISION THAT THE PROJECT DEVELOPER IS RESPONSIBLE FOR MAKING IMPROVEMENTS NECESSARY TO MEET THE FIRE CODE FOR THE SULLIVAN STORAGE BUILDING AT 890 9TH PLACE The Chairman announced that this item would be delayed until Mr. Mills' attorney arrived. Later (after item 1 LA. was heard), the Chairman announced that the item had been withdrawn and may or may not be rescheduled. 9.C. PUBLIC NOTICE ITEMS - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS HAS SCHEDULED THE FOLLOWING: TUESDAY. APRIL 4. 2000, 7:00 P.M. - PUBLIC WORKSHOP TO PRESENT CURRENT MANAGEMENT PLAN FOR SEBASTIAN INLET STATE RECREATION AREA: WEDNESDAY, APRIL 5,2000,9:00 A.M. - DEP ADVISORY GROUP MEETING FOR SEBASTIAN INLET STATE RECREATION AREA The Board reviewed a letter of February 15, 2000 and the Chairman read the above notices into the record. March 21, 2000 110 0 'a"o-o'� f Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 February 15, 2000 James E. Chandler, County Administrator Indian River County Administration 1840 — 25'" Street Vero Beach, Florida 32960 Dear Mr. Chandler. David S. Struhs Secremry The Florida Department of Environmental Protection, Division of Recreation and Parks will be conducting a public workshop on Tuesday, April 4, 2000, 7:00 p.m. (EST). The purpose of this meeting is to present the current management plan for Sebastian Inlet State Recreation Area to the public. The DEP Advisory Group meeting for Sebastian Inlet State Recreation Area is scheduled for Wednesday, April 5, 2000, 9:00 a.m. (EST). The purpose of this meeting is to discuss the draft management plan for the park In compliance with subsection 259.032(10), Florida Statutes, the Division of Recreation and Parks is requesting that an announcement of the Division's public workshop and the DEP Advisory Group meeting be made at the Indian River County Board of County Commissioners meeting of Tuesday, March 21, 2000. Enclosed are a copy of subsection 259.032(l 0), Florida Statutes, the public notice and an agenda for the workshop as well as the DEP Advisory Group meeting. If you have any questions or concerns, please do not hesitate to call me at (850) 488-2200. Your wnsideration and attention to this matter are greatly appreciated. BW/bd Enclosures Sincerely, BryXnne White, Planner Office of Park Planning Division of Recreation and Parks "More Protection. Less Process" NO ACTION REQUIRED OR TAKEN. March 21, 2000- PmW an meyded Paper• 111 0 - BOOK PRIOR TO CALLING THE NEXT AGENDA ITEM, THE CFIAIRMAN DECLARED A BRIEF RECESS AT 10:00 A.M. THE MEETING WAS RECONVENED AT 10:05 A.M. WITH ALL MEMBERS PRESENT. - 11.A. CLARIFICATION ON DEVELOPMENT REVIEW OF CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) - (PREVIOUS ITEM: BOSTON HOMES. INC.'S DEVELOPMENT "ORCHID DUNES") The Board reviewed a Memorandum of March 14, 2000: TO: James E. Chandler County Administrator 7DE)RtRTMENT HEAD CONCURRENCE: Robert M. Keating, AI P Community Development Direct6r FROM: Roland M. DeBlois' Chief, Environmental Phuming DATE: March 14, 2000 SUBJECT: REQUEST FOR CLARIFICATION ON DEVELOPMENT REVIEW OF CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 21, 2000. At an appeal hearing on March 7, 2000, the Board of County Commissioners upheld the Planning and Zoning Commission's denial of a site plan ("Orchid Dunes") proposed by Boston Homes, Inc., to build two residences partially seaward of the 1987 State Coastal Construction Control Line (CCCL). At that meeting, the Board directed staff to revise the County's Comprehensive Plan and Land Development Regulations (LDRs) to prohibit construction seaward of the CCCL. Since the March 7, 2000 Board meeting, staff has been unsure how to address ongoing requests for approval of construction seaward of the CCCL, particularly for home construction on existing lots located mostly or entirely seaward of the CCCL. Based upon the Board of County Commissioners' action, the County Attorney's Office has advised Community Development staff not to approve any construction seaward of the CCCL. Instead, the attorneys have advised that all such requests should be taken to the Board of County Commissioners. March 21, 2000 112 0 0- Single -Family Home Permitting Review Site plan and plat proposals, such as Orchid Dunes, are reviewed by the Planning and Zoning Commission and, in some cases, by the County Commission as a matter of procedure. However, building permits for oceanfront single-family homes (and related structures) on platted lots and parcels of record are procedurally reviewed and approved at the staff level. The sequence of steps for an owner to obtain permits to build an oceanfront home (and related structures) seaward of the CCCL starts with the Department of Environmental Protection (DEP), Bureau of Beaches and Coastal Systems. The owner's engineer (or contractor, as applicable) coordinates with DEP staff to obtain a state coastal construction permit. As a part of that process, Florida Statutes requires that the applicant provide a "local letter of approval" verifying that "the proposed activity, as submitted to the Bureau, does not contravene local setback requirements, zoning or building codes, and is consistent with the state approved Local Comprehensive Plan. " In recent years, County environmental planning staff has issued approximately 12 to 20 "local letters of approval" per year for construction of oceanfront single-family homes and related structures. After an applicant obtains a local letter of approval, the DEP permit is finalized, which can take from six months to a year. Subsequently, the applicant applies for a county building permit. Given this sequence of events, and depending on the timing, staff is now dealing with a variety of circumstances that are affected by the Board's March 7 action, including the following: DEP permitting process begin, but "local letter of approval" not yet issued;- "Local ssued; "Local letter of approval" issued by county sta$ but DEP permit and county building permit pending; "Local letter of approval" and DEP permit issued, but county building permit pending. As such, there is an unknown number of oceanfront single-family home building plans already in progress, in various stages, that need to be addressed Summary of Issues Since the Board's March 7 action, denying the Boston Homes site plan request, several different CCCL construction issues have been presented to staff where staff is unsure of the current County CCCL permitting policy. These issues are: March 21, 2000- 1. Single-family home building plans, already in progress at various stages of state and county review, for parcels mostly or entirely seaward of the CCCL. 2. Accessory structures (e.g., pools, accessory buildings) to existing homes on parcels seaward of the CCCL. 3. Additions to existing homes on parcels seaward of the CCCL. 4. Principal and accessory structures on non -oceanfront parcels seaward of the 1987 CCCL (e.g., in Atlantis Subdivision; see attached map). 5. Single-family home building plans for lots completely seaward of the CCCL where the County approved the subdivision after 1987. 6. Real estate closings of sales of parcels seaward of the CCCL. County staff has been contacted by several Realtors, attorneys, contract buyers, and sellers, who are concerned about the developability of lots that are located mostly or entirely seaward of the 1987 CCCL. In fact, some real estate closings associated with the sale of oceanfront lots have been postponed pending clarification of the Board's direction on limiting development seaward of the CCCL. 113 BOOK ,�� IA(VLi�-- BOOK i"AI';t 06 Parcels Seaward of the CCCL Information from the Property Appraiser's Office indicates there are 422 oceanfront parcels in the unincorporated county. In reviewing county tax maps, staff estimates that —275 of those parcels (-65%) are mostly or entirely seaward of the 1987 CCCL. Consequently, strict prohibition of construction seaward of the CCCL will render those parcels unbuildable (or nonconforming, if already developed). County maps indicate there are relatively few vaunt oceanfront parcels in the unincorporated county that have enough depth perpendicular to the ocean, such as the Orchid Dunes site, whereby residences could be designed to be totally landward of the CCCL. Acquisition of Vacant Oceanfront Parcels Of the total 422 oceanfront parcels,114 parcels are classified by the Property Appraiser's Office as "vacant residential land," with a combined tax assessed value of --$54.57 million. If the County is to contemplate acquisition of all vacant oceanfront parcels to prevent development /erosion conflicts, as well as development restriction/ taking conflicts, the Board must consider condemnation of those parcels. Assuming that assessed value is about 800/6 of market value, and that condemnation costs could be up to double the market value, the cost to the County to acquire all vacant oceanfront parcels could run in excess of $125 million. Current DEP Review In the past, the County has let the DEP determine the extent to which a proposed structure may project seaward of the 1987 CCCL and the type of construction and conditions it must meet in order to be so located. In its determination, the DEP uses a 30 -year erosion line estimate, calculated on a site -by -site basis, at the time of the proposed development This deferral to the DEP has heti applied to single-family structures as well as construction proposed as part of site plan, PD, and subdivision projects. This deferral has been predicated on the DEP's expertise in the review and permitting of coastal structures and the county's comparative lack of expertise in such matters. In terms of county project reviews, DEP approval is currently required prior to site plan release for site plan projects, and prior to county building permit issuance for single-family homes. Prior to 1987, the State CCCL was a line of prohibition. In 1987, when the current CCCL was adopted, the DEP started applying the CCCL as a line of regulation, instead of prohibition, because otherwise it would result in illegal taking of land seaward of the adjusted line. If the County now chooses to establish the 1987 CCCL as a line of construction prohibition, it will run into the same illegal taking issues that the DEP had to face in 1987, particularly regarding parcels completely seaward of the CCCL. County Beach Renourishment Plan The County is developing a comprehensive beach erosion control plan, including beach renourishment in areas of critical erosion. The beach renourishment plan is being justified on the premise that it will retard the landward extent of erosion over the coming years. In consideration of the DEP's expertise and extensive coastal regulations; the potential issue of "taking" that would apply to the majority of oceanfront parcels; and the proposed beach renourishment plan, staff thinks that the Board should reconsider its position on prohibiting construction seaward of the 1987 CCCL, and should continue to defer to the DEP regarding the location of structures between the CCCL and the County's Dune Stabilization Setback Line (DSSL). Staff recommends that the Board of County Commissioners reconsider its position on prohibiting construction seaward of the 1987 CCCL, and recommends that the County continue to defer to the DEP regarding the location of structures between the CCCL and the County's Dune Stabilization Setback Line (DSSL). If the Board does not reconsider its position, staff recommends that the Board give staff direction as to how to address ongoing requests for construction seaward of the CCCL, as described herein. March 21, 2000 114 • ATTAcHNIENTSe Map of Atlantis and Silver Sands Subdivisions, showing example of parcels seaward of the CCCL • Example of attorney inquiry on developability of oceanfront parcels relating to real estate sales 112 --Min 27 TG AM LAM �o at o • ®o• s �1 6 ' 9 9 10 17 � � ■ s •s • e JIilAN1LR � r :... now= W GA AC s: • ° � TT �j.L V OT 3 KAM zs ax 39 VM In �- 0 4 0 0 7M X March 21, 2000- PJ3J !R1 T. C t T O E Rm i 6 4 dw s lu U 9 7 ~e Fa BE ICHS 8 Pes Ac 1 4 aw at R— .w VER >a5 t 7 SELY R SMS cam 0 ■■ PJiJ. »a ATIACHfMW 1 115 • N 1987 CCCL Chief Environmental Planner Roland M. DeBlois reviewed the above memorandum in detail using aerial photographs to enhance his presentation. He discussed the 1981 and 1987 CCCLs, how they came about, DEP's position on both lines, and the County's approach with respect to construction outside of those lines. Commissioner Stanbridge inquired if DEP has done any re-evaluation of the critically eroded areas since the 1987 line was established, and Mr. DeBlois thought the State had not, but suggested our Coastal Engineer might be able to respond to that question. He believed the State relies on site -by -site calculation, that they require a 30 -year erosion estimate, and explained how the State does their calculation. Coastal Engineer Jeff Tabar explained that the areas of critical erosion are updated through DEP annually by his office. During that time, they do not reconsider the position of the CCCL. They do re-evaluate where areas are critical or not critical. Commissioner Stanbridge asked what the average distance is between the 1981 and 1987 CCCLs, and Mr. Tabar explained that it can vary throughout the county. Vice Chairman Grin commented it was shocking that there is infrastructure seaward of the 1987 CCCL. Chairman Adams suggested that it was since the early 1980's that we have seen the exponential increase in the erosion on the county's shoreline. She then asked for public input. Bruce Barkett, attorney for a contract purchaser of a lot in Sandpointe Subdivision, which was approved by the Board in 1988 or 1989 after the CCCL was established. He pointed out the location of the lot (number 100), which is seaward of the 1987 CCCL, and stressed that it is not an oceanfront lot. The lot falls under items 4, 5, & 6 on page 212 of the backup. The closing on the lot was supposed to have occurred yesterday. He had written Community Development Director Robert M. Keating after the March 7' meeting to find out March 21, 2000 116 if the department would be issuing building permits seaward of the CCCL but Director Keating advised that he could not respond until the Commission makes a determination. He had listened to the March 7' meeting and it was his understanding that the Board did not intend to regulate or prohibit construction seaward of the CCCL where lots lie completely seaward of the line, but he needed the Board to advise their intention. He stated he had worked for the Department of Natural Resources in 1985 and 1986, at the time they were establishing some of these lines, and the lines were not intended to be lines of prohibition. There is no data to support making them lines of prohibition. His opinion was if the Board made them lines of prohibition, they might be acting in an arbitrary and capricious manner because there is no data to support them being lines of prohibition. Mr. Barkett also represented the Ocean Oaks Subdivision and pointed out the lot on a map and indicated where it lies in relation to the 1987 CCCL. He stressed that the Board approved the plat for the subdivision in 1990 and lots 4-8 are completely seaward of the CCCL. While he did not believe that the Board intended by its action on March 711 to prohibit construction, but by their action, they have denied the owners all reasonable use of their property. They have, in effect, purchased the property and opened up a very ripe area of litigation for attorneys. He believed that was not their intent either. He asked for guidance on these two situations so he can give guidance to his clients. Warren Dill, attorney representing David Courage who owns Lot 8, Block B, in Summerplace, advised that his client purchased the lot in November/December 1998 and, before the purchase, he spent extensive time with County staff, DEP, and the Health Department, checking out everything they could possibly think of before purchasing the lot. The conclusion was that the lot was buildable. If any part of the construction extended east of the CCCL, then the entire structure would have to comply with the State Building Code requirements, and the owner was willing to meet them. (s Mr. Dill was speaking, Director March 21, 2000- 117 A BOOK i s .'-fie Boling was assisting by pointing out the location on a map.) He stressed that the lot is not oceanfront and his client was concerned about any proposed regulations which might prohibit him from using his lot. His client's lot sits in the midst of other lots which have - already been built on. He requested that any guidance given to staff take into account the small lot owners who would probably be wiped out if the Board denied them the use of their property. Ralph Evans, a resident of Indian River County and attorney, advised he had and interest in Boston Homes and represents Mr. Gordon who owns a lot in Seaview. Mr. Gordon has a permit from DEP to build part of his residence seaward of the CCCL. He asked if Mr. Gordon would be issued a permit to build from the County. Secondly, he understood from the March r meeting, the CCCL represents what the people who have studied it believe to be as high as the water will get in a 100 -year storm. With that in mind, Boston Homes is 85 feet from where the level of erosion is today and where the proposed construction is. The erosion rate is 2 feet per year, so it is contemplated it will take 40+ years before the erosion line meets the construction. He wanted to make the point of the responsibilities of the Commissioners when site plans are brought before them and the responsibilities the Planning & Zoning Commission has when site plans are brought to them. When a person comes before the County to get some approvals about the use of their property, it is imperative that they meet the requirements of the regulations of the County (the LDRs). When there is a quasi-judicial proceeding, there are generally two parties and it is not generally adversarial. But when this matter came before the PZC, there was a legislative moment at a quasi-judicial proceeding, which is taboo. If Boston Homes finds it necessary to sue the County on this issue, it will be resolved by whether or not the County had a legislative moment at a quasi-judicial proceeding. He believed that is what happened and why there is such turmoil. Acting County Attorney O'Brien tried to tell the Board this March 21, 2000 118 on March 7. The issue is that the Board cannot legislate at a quasi-judicial proceeding. He thought there was an opportunity under the Code, Section 102.06, for the Commission to reconsider its March 7' decision. Dean Leuthje, engineer and principal with Carter Associates, was representing Sea Oaks Investment. They have the Dune House 8 site plan which has been approved by the County and they have a local letter of approval and, as of yesterday, Mr. Tomasello had his final meeting with DEP and finalized the DEP permit for the project. They will have to rotate the building a little bit. They are already behind all the other buildings on the ocean, but they are going to have to move it back. Staff has said that would be an administrative change and require administrative approval under normal circumstances and he was before them to ask if that would be true. Paul Parent, President of Parent Construction, advised that he had met about 18 months ago with Mr. Robert Gordon, who, as Mr. Evans mentioned, began the process to build a residence in Seaview. Since that time, they have hired the professionals and gotten the permit. The Planning Department advised them about a week ago that until the Board of County Commissioners makes a ruling, their project would not move forward. He was before them to request a clarification. Chairman Adams stated that it was her understanding that the Commissioners did not intend to halt currently moving projects, those that had approved site plans, nor those with platted lots to the east of the CCCL. Bill McCain, principal engineer and president of WF McCain & Associates, advised that he was present to represent Dale Grinstead who has purchased an existing home under construction on north AIA. They have gone through the DEP process to transfer the existing coastal construction permit from the prior owner. There has also been a beachrenourishment that has taken place in that area, funded by the area homeowners. That project changed the March 21, 200OF L, 119 pnn i�• �,- BOOK 30 year erosion line in that area and allows an additional 20-30 feet of development. Mr. Grinstead has received preliminary approval to put a pool in the back of his property. It seemed that the Board's action on March 7`t would halt all construction in that area. - Jim Young, James W. Young and Associates, advised that he has Lot 99 just east of the lot referred to by Mr. Barkett. They have a permit and are about ready to start construction. He has two other projects going in Ambersand which would be severely and negatively affected if the Board's action of March 7' is not rescinded. He urged the Board to reconsider their March 7' action. Chairman Adams asked Acting County Attorney O'Brien to clarify the action the Board took on March 7. Acting County Attorney O'Brien advised that he could clarify the law and stated it was basically the law of equitable estoppel which runs against the government. Citizens have a right to rely on government rules and regulations. When they do rely on them and make investments and if, for some reason, there is an act or omission of the government which causes a substantial change in their position with respect to what they can do with their private property, then you have a "doctrine of estoppel" (Bert -Harris). There are several remedies and he mentioned some of them. He pointed out that 161.053 F.S. allows local government to take over the DEP process, but Indian River County has not done that so perhaps someone could make a good argument against the County. Commissioner Macht thought that the owner was not deprived of his right to build, but because of the adjacency of critically eroded beach, the Board felt that dictated that he build safely behind the CCCL. Their decision on March r was site specific and had nothing to do with any other project in the county. Chairman Adams thought that staff needed clarification as well as those who had projects in process so everyone can move forward. March 21, 2000 120 Mr. Barkett pointed out that some of the concerns were just about lots seaward of the line so, if they make a clarification, he asked that they make it not for those who have already submitted applications, but for everyone. Commissioner Tippin commented that he has not changed his mind, he had voted against it on March 7. He felt it was hazardous when the Board reacts to emotion and develop laws, even though that was not their intent. Stephan Lundberg, an architect, stated the question had dawned on him that if a house on the beach is destroyed by fire or hurricane, what would happen if the decision of the Board is in effect. He thought the people might not be able to replace their home. Commissioner Macht thought it possible to have three 100 year storms in one year and if we have a hurricane anything like the size of Floyd and Irene come ashore, we would not have Ambersand Beach, we would have Ambersand Inlet. This would be true up and down the coast. When people build on the coastline, there should be a clear understanding that they do so at their own risk. He felt the County would be very foolish to take over the DEP process because that would open us to great liability. Chairman Adams thought what the Board did on March 7* was to get the question of erosion out on the table, to look at it, and see how we are dealing with it. Commissioner Macht thought the Board could establish a moratorium if they wanted, based on the lack of a renourishment plan, but that would also be very destructive and would go nowhere. The only thing he wanted to retain out of this whole thing is that if the County issues a letter of approval, it has sort of a sweeping essence that we approve of what is happening, while the Board may not actually approve. Perhaps it ought to be made clear that we should issue a letter of non -opposition. Community Development Director Robert M. Keating interjected that staff takes two actions. During the time an applicant is being reviewed by DEP, the County writes a "Do March 21, 2000- 121 . m BOO Not Contravene' letter stating it does not contravene local zoning requirements. Then, after the applicant finishes with DEP, the County will review and issue a building permit, but that just means they meet the criteria of our building codes. To Vice Chairman Ginn, it appeared that DEP's only regulation is that the building must be on pilings. The DEP has virtually approved everything seaward of the 1987 CCCL since 1997 on the list she was provided. She did not know the legislative intent of the law or what has been done under the regulations. She had a problem with the sequence of events when someone wants to build between the two CCCLs. It seemed to her that the County was in a bind with the DEP and suggested perhaps a strong letter should go to the DEP with a copy to the applicant. She had a problem with the sequence of events on a Sea Oaks Dune House Pointe which originally had been single-family and came back from DEP with multi- family approval. Mr. DeBlois thought the example she cited unfortunately contained a typographical error. The project was actually approved by the PZC. Most of the developments he does are single-family and that was one of the exceptions. To illustrate her concerns, Vice Chairman Ginn provided photographs of multi -family construction between the two CCCLs and commented on the critical erosion on the beach side as well as a turnaround entry which will not accommodate a fire engine. She asked that they be made part of the record. (PHOTOS HAVE BEEN PLACED WITH THE BACK UP FOR THE MEETING.) She had concerns that when the building is threatened by the ocean, the Board would have to issue an emergency armoring permit. Chairman Adams asked how far the construction was from the bluff line, and Mr. Tabar estimated it was probably within 40 feet. Vice Chairman Ginn disagreed saying she thought it was 30 feet at the most. Mr. Tabar believed there were certainly some inherent problems with the DEP review. March 21, 2000 122 • 0 Through the rules and regulations, DEP claims they are trying to force homes to be built as far landward as practicable, but even with discussions and appeals these types of developments are found in critically eroded areas. Chairman Adams wished DEP would hassle the developments as much as they hassle the County on trying to fix the erosion problems. Vice Chairman Ginn displayed additional photographs showing erosion at the Gerstner and Barton properties taken the day after Hurricane Floyd, illustrating the erosion problems at those sites as well as others on the coast. She also had photographs of the Ocean Grill after the 1996 storm (which showed the restaurant on its pilings rooted in the ocean) which she compared to the photograph taken the day after Hurricane Floyd (where the pilings were rooted in sand and the beach extended shoreward a good bit). She commented that the PEP Reef has done its job Chairman Adams appreciated her comment on the PEP Reef. Commissioner Stanbridge appreciated the photographs and thought they pointed out why the Board was trying to seek options for Orchid Dunes so they would not be in the predicament that other coastal developments are. That was why she voted to uphold the PZC denial. She wanted them to use the options to stay out of harm's way. In addition, she felt that we cannot always rely on DEP to do the right thing. Mr. Tabar wished to point out to the Commissioners that he understood there is a possibility from the DEP for them to consider a re-establishment of the CCCL. Ifthe Board will provide conditions or recommendations why the change is needed, the DEP would move forward to consider making a change. It would not eliminate construction seaward of the CCCL, but would reposition the CCCL due to present day conditions. Commissioner Stanbridge wanted to see the CCCL re-evaluated according to our critically eroded areas. There are no options in the worst areas for local government and it March 21, 2000- 123 BOCK J-111w.J t L 1 �, F, BOOK ! L L puts the County in a very awkward position. Mr. Evans explained how the development ended up before the PZC (using a sketch showing two structures, and a site plan with a plat overlay). Otherwise they would have been looking only for a construction permit. He stressed that the Bert -Harris compensation was not what his client had in mind; his client wanted his site plan approved and the denial was not within the Board's purview. The responsibility was that of the State and, on March 7', the Board took it out of that realm. He also discussed how the Board had clarified that their decision was site specific, and he felt the hole was getting deeper. Commissioner Macht felt Mr. Evans was correct and to defend this in court would be ill advised. He believed the complaints and concern should be with DEP and that the Board ought to rescind their action of March 7' regarding that property. He thought they might want to add on all new construction a provision to preclude the builder from coming back to the County for an emergency armoring permit if they build beyond the CCCL. Mr. Evens understood that once someone builds outside of the 1987 CCCL and the DEP checks/approves all the details, the owner is on their own. He understood further that the owner could not go to DEP for armoring because the nature of the construction is designed to withstand water. Further, if the structure comes down due to storm damage, then it cannot be rebuilt. Mr. Tabar stated that Mr. Evans was accurate. The way the law reads now, if you have a house built under the existing CCCL-program, you are not eligible for a seawall. There are two homes in south county where that was recently challenged, and through engineering analysis, they were able to show that certain elements of the house were not up to standards, and they were issued permits for seawalls. So, the law is being stretched somewhat. March 21, 2000 124 MOTION WAS MADE by Commissioner Tippin, SECONDED BY Vice Chairman Grin, to rescind their action (of upholding the PZC denial) on March 7, 2000, on this matter and defer back to the methodology that existed (that FDEP has the prerogative to approve). In making the motion, Commissioner Tippin felt the place to make the changes is in Tallahassee and some work is being done up there. Vice Chairman Grin seconded the motion with reluctance and suggested the County go to the Legislature. Perhaps there is nothing they can do in light of the Bert -Harris ruling that a person cannot be denied the use of their property. Commissioner Macht pointed out how obvious it is that the beaches needed to be re - nourished soon. The Chairman CALLED THE QUESTION and the motion carried unanimously. Director Keating understood that the site plan was now approved with the conditions that were submitted to the PZC, and Commissioner Macht confirmed that was correct. Director Keating also inquired about the second motion on March 7' concerning the direction to staff to draft an amendment to the Comprehensive Plan and to change the LDRs to prohibit construction seaward of the CCCL, and Chairman Adams advised that direction was no longer in effect. Vice Chairman Grin had some concerns about the site plan for Dune House which she will discuss speak with Director Keating. March 21, 2000F 125 M11 r.- F, BOOK Director Keating advised that he would get a copy for Vice Chairman Ginn of 161.053 F.S. which seems to contain the purpose and intent of the CCCL. Commissioner Stanbridge and Chairman Adams liked the suggestion of Mr. Tabar about asking DEP to re-evaluate the CCCL. Even though they may come back with the same line, at least the Commissioners would know it had been re-evaluated. Mr. Tabar advised that he would be pleased to make the request through the Beaches and Coastal Systems Division and Vice Chairman Ginn suggested he take the photographs with him. THE CHAIRMAN DECLARED A 5-M]NUTE RECESS AT 11:10 A.M. THE MEETING WAS RECONVENED AT 11:16 A.M. WITH ALL MEMBERS PRESENT. 11A APPROVAL OF FY 2000 STATE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EWA) AND STATE LOCAL ASSISTANCE AGREEMENT (SLA) GRANT AND APPROPRIATE EXPENDITURES TO IMPROVE AND EXPAND THE EMERGENCY MANAGEMENT PROGRAM The Board reviewed a Memorandum of March 13, 2000: TO: Honorable Board of County Commissioners THROUGH: Douglas Wright, Director Department of Emergency �ervices 46- FROM: Nathan McCollum, Emergency Management Coordinator `V1 0 Department of Emergency Services DATE: March 13, 2000 SUBJECT: Approval ofthe FY 2000 State and Local Assistance Agreement (SLA) Grant and Appropriate Expenditures to Improve and Expand the Emergency Management Program March 21, 2000 126 Annually, the Department of Community Affairs, Division of Emergency Management; administers the State and Local Assistance Grant Agreements (SLA) with each Florida county following authorization and funding provided by the Federal Emergency Management Agency (FEMA). These funds are used to enhance and improve emergency management mitigation, planning, response and recovery for Indian River County. This agreement has been supported by Indian River County for many years as it allows for federal funding to support local emergency management programs. The SLA Agreement is a matching grant and the County has met the matching funds requirement in the 001- 208 (Emergency Management) account without any additional match. This grant provides funds for traimng, equipment, and travel recommended by the Florida Division of Emergency Management. The attached agreement awards Indian River County a total of $32,256.00 for FY 00. In order to continue providing a strong emergency management program in Indian River County, staff proposes the following grant expenditures utilizing the funds provided by the SLA agreement: Allocate $6,000.00 for the purchase and installation of the National Weather Service digital Weather Wire system from Data Transmission Network (DTN) which is our current weather imagery vendor. Due to a change oftransmission equipment bythe National Weather Service, our current Weather Wire vendor (Alden Electronics) can no longer provide service to our area. The new DTN "StormSentry" service will provide all Weather Wire products along with improvements to doppler radar technology and satellite imagery. The initial cost of $6,000.00 covers the FY 99/00 annual subscription cost, computer hardware, printer, satellite dish, and installation. Further annual subscriptions of $2,400.00 will be paid from division operating accounts Allocate $4,000.00 for the purchase of eight (8) UHF radios from Communications International for use at the Special Needs Shelter (Sebastian River High School) during disaster events. During Hurricane Floyd, it was difficult to communicate with all Special Needs care providers because of the size of the campus. This purchase will provide a small and competent communications system within the Special Needs facility and will protect the substantial medical issues to be addressed by medical staff. The ability for all care providers to communicate will enhance the Special Needs Shelter operations and assure immediate response to medical emergencies. 3. Allocate $2,000.00 to account number 001-208-525-039.99 for registration fees associated with training and meetings recommended by the Florida Division of Emergency Management. This is an annual request as part of the agreement expenditures. 4. Allocate $9,000.00 to account number 001-208-525-039.02 for attendance fees associated with training and meetings recommended by the Florida Division ofEmergency Management. This account also provides funding should emergency management staff need to respond to a disaster out of our area This is an annual request as part of the agreement expenditures. 5. Allocate $2,000.00 for the purchase of computer hardware equipment which will be used by the Special Needs Shelter and E911 Data Base Coordinator. Special computer hardware is necessary to operate the Special Needs software and the E911 Data Base Computer Aided Dispatch (CAD) software. The Computer Services Division has reviewed the software issues and agrees with the hardware purchases. 6. Allocate $9,256.00 for the purchase of equipment to complete Phase II ofthe video broadcasting plan from the County Administration Building. Last year the Board approved Phase I of the video broadcasting plan by approving the purchase of camera equipment for "live" public broadcasts on AT&T Charnel 13 and Falcon Charmel 35. This camera allows for immediate broadcast during emergencies such as Hurricane Floyd and Hurricane Irene. Phase II identifies all equipment needed to televise, edit, and produce the emergency announcements. The equipment would remain in the County Administration Building and could be activated at any time. In order to assure compatibility March 21, 2000- 127 F, BOOK 112 ','AGc 0'70, : with the School District equipment, the Board is requested to approve Encore Broadest Equipment as the vendor for this purchase. RECOMMENDATION: In order to continue providing a strong Emergency Management Division program in Indian River County, staff recommends approval of the FY 00 SLA Agreement and approval of the above listed operating/capital equipment from the funding provided by this grant. Staff further recommends the appointment of Emergency Services Director Douglas Wright as the contract manager for this agreement. ATTACHMENTS: 1. Four (4) Copies Of The FY 00 SLA Agreement. 2. Cover Letter From Department Of Community Affairs/DEM. 3. Response To The Office Of Management & Budget Chant Sheet. MOTION WAS MADE by Vice Chairman Grin, SECONDED BY Commissioner Stanbridge, to approve staff's recommendation. Commissioner Macht applauded the Emergency Services Department in their quick response to the recent fire at Indian River Memorial Hospital. In response to Vice Chairman Grin's inquiry on the status of the emergency broadcast radio station, Emergency Services Director Douglas Wright reported that it appears the County will not be able to get a license to operate such a station. He explained there are new Federal Communications Commission regulations where we will be able to obtain a license for a low wattage station. He thought that one transmitter would not cover our whole county and may require a relay or two. The department will continue to pursue getting the license. March 21, 2000 128 _I • • The Chairman CALLED THE QUESTION and the motion carried unanimously. (Approved the FY2000 SLA agreement and the listed operating/capital equipment purchases from the grant's funding and appointed Emergency Services Director Douglas Wright as the contract manager of the agreement.) AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H.C. TELEPHONE BILLING AUDIT - CONSULTING AGREEMENT WITH NATIONAL COST REDUCTION GROUP The Board reviewed a Memorandum of March 14, 2000: Date: March 14, 2000 To: Honorable Board of County Commissioners Through: James E Chandler, County Administrator ,/ From: Thomas W. Frame, Director, Department of General Services �uv.1 ad Subject: Telephone Billing Audit BACKGROUND: In 1994, the County entered into an agreement with a firm known as National Cost Reduction Group (NCRG) homed here in Vero Beach. The agreement entered into basically provided for the review of current billing to determine if any over -charges or incorrect billings were occurring. The outcome of that agreement was the recovery of $12,700.16. NCRG was remitted 50% of that recovery. Attached is copy of a new proposed agreement that in essence would do the same thing. It also gives them 50% of savings for a period not exceeding eighteen months. It also gives the company the opportunity to look at suggest changes or modifications in service and allows them to again to have a 50% share to savings It should be noted that such changes or suggested modifications would require the prior approval of the County. RECOMMENDATION: Staff recommends the approval of the agreement and requests the Board's authorization for the Chairman to execute the proposed agreement. March 21, 2000- 129 BOOK e �. , � �,,�c _ .�. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the Consulting Agreement withNational Cost Reduction Group and authorized the Chairman to execute same, as recommended in the memorandum CONSULTING AGREEMENT IS ON FILE IN THE OFFICE OF TBE CLERK TO THE BOARD 11.E.1. SETTLEMENT - WORKERS' COMPENSATION CLAIM - MARY WILLIAMS (FORMER ROAD & BRIDGE EMPLOYEE) The Board reviewed a Memorandum of March 13, 2000: TO: James E. Chandler, County Administrator THRU: Joseph Baird, Assistant County Administrator FROM: Beth Jordan, Risk Manager - y , DATE: 13 March 2000 SUBJECT: Settlement; Workers' Compensation Claim Staff requests consideration of the following information at the March 21, 2000, regular meeting of the Board of County Commissioners. Background In keeping with Board policy, Administrative Policy Manual 1000.1, Section 309, the Claims Review Committee consisting of James Chandler, County Administrator, Joseph Baird Assistant County Administrator, Terrence O'Brien, Acting County Attorney, Chris Mora, County Engineer acting for James Davis, Public Works Director, and Beth Jordan, Risk Manager, met on March 8, 2000 to review the proposed mediated workers' compensation settlement with Mary Williams, a former Road & Brid a employee. The Committee unanimously approved the settlement which was within its author jr. In keeping with Chapter 286.011, Florida Statutes, it is brought to this public meeting due to the expenditure of public funds. Analysis On July 29, 1993, Ms. Williams, a Motor Equipment Operator, injured her left shoulder when the tractor she was operating tilted onto its side while mowing along a ditch. She underwent surgery to repair the shoulder and returned to work. She retired from employment on September 7, 1995. Subsequently, she claimed injury to her right shoulder and back. Mediation was held on February 28, 2000, and the settlement of $35,000.00 was reached pending approval of the Claims Review Committee. This includes the entire claim, both medical and indemnity (wage loss) benefits, as well as her attorneys fees of $5,000.00 and her costs of $528.16, netting Ms. Williams $29,471.84. Given the exposure for future medical treatment and wage loss benefits, this was considered an equitable settlement for all parties. Recommendation No Board action is required for this matter. The Claims Review Committee has authority to settle such claims. It is being placed on the agenda as a matter of public record in keeping with Chapter 286.011, Florida Statutes. March 21, 2000 130 • • NO ACTION REQUIRED OR TAKEN. 11.E.2. ANNUAL SELF-INSURANCE FUND ACTUARIAL STUDY - PRICEWATERHOUSECOOPERS, LLP The Board reviewed a Memorandum of March 13, 2000: TO: James E. Chandler, County Administrator THRU: Joseph Baird, Assistant County Administrator FROM: Beth Jordan, Risk Manager,.,.y-" . DATE: 13 March 2000 7 SUBJECT: Annual Self -Insurance Fund Actuarial Study Staff requests consideration of the following information at the March 21, 2000, regular meeting of the Board of County Commissioners. Background Since the inception of the modified self-insurance fund in 1988, Coopers & Lybrand, now known as PricewaterhouseCoopers, LLP, has performed the annual actuarial services. Such services are not provided as part of the overall annual County audit Analysis The annual actuarial studyprovides the County with the following information: It separately addresses general liability, automobile liability and workers' compensation self-insured coverages to project ultimate lossesby fiscal year, accrued liability as of 12/31/99 including case reserves, late reported claim reserves and case development reserves; funding recommendations as of 12/31/99 and projected as of 09/30/00 for use in determining the appropriate fund balances in the various funds, giving consideration to excess insurance and Special Disability Trust Fund recoveries; prospective funding recommendations for FY 00-01; cash flow estimates for claims payments; determination of an appropriate margin for adverse development; and prospective expected loss rates. The study considers the protections afforded through Florida's sovereign immunity statute. Each year, the study buildsupon past loss data. The firm is knowledgeable of the County's operations and its exposures. Cost estimate for the study is $12,500.00 to $13,500.00, the same rate as for the past several years. Recommendation Staff recommends that the Board approve continuation of the actuarial relationship with PricewaterhouseCoopers at a cost not to exceed $13,500.00. ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Ginn, the Board unanimously approved continuation of the actuarial relationship with PricewaterhouseCoopers, LLC, at a cost not -to -exceed $13,500, as recommended in the memorandum. March 21, 2000- 131 ALI j 11.E.3. WESTGATE COLONY STREETLIGHTING DISTRICT - PRELIMINARY ESTIMATES The Board reviewed a Memorandum of March 10, 2000: TO: Jim Chandler, County Administrator DATE: March 10, 2000 SUBJECT: Proceeding with Westgate Colony Streetlighting District FROM: Joe Baird, Assistant County Administrator @—b Several residents of Westgate Colony have requested a streetlight district be established Westgate is located on Rt. 60 between 80' Avenue and 79d' Avenue and has approximately 70 lots within the area they would like to include in the streetlighting district. Over a year ago the County received a petition from about forty (40) residents in favor of establishing the streetlighting district if the cost was about $15 to $20 a year. Staff feels that based on very preliminary estimates, the first year Per parcel acre cost could be approximately $33.00 per parcel acre based on the budget below: Westeate Budget: Lights 10@S150 $1,500 Administration 100 Advertising 50 Property Appraiser 75 Tax Collector 75 Contingency 125 Cash Forward 400 Total $2,450/701 per parcel / acre charge 1" year 35.00 per parcel / acre charge god year 26.00 Before proceeding in establishing the streetlight district, staff needs to contact the power company and have them develop a lighting plan, then we have to go through the public hearing process. This streetlighting district would be established 2001-2002 Fiscal Year at the earliest. Recommendation: Request authorization for staff to begin working with Florida Power and Light and begin looking into establishing the Westgate Colony streetlighting district. March 21, 2000 132 Vice Chairman Ginn asked if residents are still in favor of this project even though the cost estimate is somewhat higher than originally anticipated. Assistant Administrator Joseph A. Baird stated that initially it was thought it would cost the homeowners about $15 to $20 each per year. The figures presented in the above memorandum are the preliminary estimates.. Staff was requesting permission to move forward to get the costs and then a public hearing will be held. Joann Sincennes, a Westgate Colony winter resident, spoke of the need for safety for the new families and elderly who live in the subdivision. She stated that after they gef lighting, they will be asking for sewers, and other improvements to bring the neighborhood into the 20th Century. The Chairman CALLED THE QUESTION and the motion carried unanimously. 11.EA SCHEDULE BUDGET WORKSHOP & BUDGET HEARING DATES - FY 2000/2001 Assistant Administrator Joseph A. Baird reviewed a Memorandum of March 15, 2000: TO: Members of the Board of County Commissioners DATE: March 15, 2000 SUBJECT: 2000/2001 BUDGET WORKSHOP/HEARING SCHEDULE THROUGH: Joseph A. Baird(k Assistant County Administrat FROM: Jason E. Brown Budget Manager (:) Listed below for the approval oVthe Board of County Commissioners are the proposed 2000/2001 budget workshop and hearing dates. We have proposed two different dates for the scheduled budget workshops depending upon the calendar of the Board of County Commissioners. March 21, 2000 133 July 10, 2000 Board of County Commissioners to receive Monday `Budget Pack". July 12-13, 2000 SCHEDULED BUDGET WORKSHOPS Wednesday -Thursday OR July 19-20,2000 SCHEDULED BUDGET WORKSHOPS Wednesday -Thursday September 5, 2000 Public Hearing on TENTATIVE budget and Tuesday proposed millage rate at 5:01 p.m. September 12, 2000 Tuesday FINALbudget hearing at 5:01 p.m. Commissioners expressed their preference for the July 12-13 Workshop dates and the suggested dates of September 5 and 12 for the Budget Hearings. ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Macht, the Board unanimously agreed to hold their Budget Workshops on July 12-13, 2000 and to hold their Budget Hearings on September 5 & 12, 2000 for FY 2000/2001. 11.F. ADDENDUM TO HEALTH INSURANCE - GUARANTY OF PAYMENT - SPECIFIC FEE ARRANGEMENT FOR RECONSTRUCTIVE PLASTIC SURGERY SERVICES WITH RALPH M. ROSATO, M.D.,F.A.C.S The Board reviewed a Memorandum of March 15, 2000: TO: James E. Chandler County or FROM: RAL Director of Personnel Joseph Baird Assistant County Administrator DATE: March 15, 2000 _ q, SUBJECT: Addendum to Health Insurance March 21, 2000 134 • • Staff requests consideration of the following information at the March 21, 2000, regular meeting of the Board of County Commissioners. Background At the present time, Blue Cross Blue Shield does not have any reconstructive plastic surgeons in their network who practice in Indian River County. Therefore, employees who need reconstructive plastic surgery either have to travel a significant distance in order to see a surgeon who participates in the network or they can elect to see a nonparticipating provider and pay the higher deductible and coinsurance and also be subject to balance billing. Analysis Due to the extenuating circumstances surrounding this type of service, it is unreasonable to expect employees to travel long distances in order to see a physician. In addition, using a physician outside of the Blue Cross Blue Shield network subjects employees to balance billing, resulting in employees having to pay exorbitant amounts for the services. Recommendation Staff has met with Blue Cross Blue Shield representatives and Mackie Branham of O'Neill, Lee & West. The parties mutually agreed that it would be beneficial to enter into an arrangement with a local physician, Dr. Ralph M. Rosato, who will accept a specific fee arrangement with the County for reconstructive plastic surgery services. Staff recommends that the Board execute the attached Guaranty ofPayment to Ralph M. Rosato, M.D., F.AC.S., a reconstructive plastic surgeon who has an office in Vero Beach, Florida Inresponse to Vice Chairman Ginn's inquiry, Assistant Administrator Baird explained the need for these services by at least three employees. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Stanbridge, the Board unanimously agreed to enter into an arrangement with a local physician, Ralph M. Rosato, M.D., F.A.C.S., a reconstructive plastic surgeon, who will accept a specific fee arrangement with the County for his services, and authorized the Chairman to execute the proposed Guaranty of Payment in his favor, as recommended in the Memorandum. March 21, 2000- GUARANTY OF PAYMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 135 n BOOK J. L' tj t 11.G.1. CHILDREN'S HOME SOCIETY PARCEL OF LAND ON OSLO ROAD - EXERCISE OF COUNTY'S RIGHTS TO BUY BACK The Board reviewed Memoranda of March 6 and March 13, 2000: TO:- Board of County Commissioners FROM: Terrence P. O'Brien, Acting County Attomey-Yr ,�p 0 DATE: March 13, 2000 SUBJECT: Children's Home Society Land Parcel located on Oslo Road RE: I. Modified Deed of May 16, 1995 2. Item 11.C.2 July 13, 1999 BCC Meeting 3. Public Works Memorandum The Board of County Commissioner in 1991 deeded the subject parcel to the Children's Home Society of Florida on the condition that the Society would build and maintain a shelter for runaway children. No shelter was built. In 1995 the Board granted a five year extension and the Society paid the County $25,000. The County retained the right to repurchase the property for $25,000 (see reference #1). The Board, at its regular meeting of July 13, 1999, considered allowing the Society to sell the property and use the proceeds to build a shelter at a different location with the County retaining a right of first refusal if it was determined by Public Works that the parcel was needed for stormwater management (see reference #2). It has been determined by Public Works that the parcel is necessary for a stormwater management. It appears that the Society has a sale price to the County at $82,000 (see reference #3). The action of the County, on July 13, 1999. was, to my knowledge, never reduced to a formal "Release of County Deed Conditions." Therefore, the action of the Commission was not completed and in my view the terms of the modified deed (see reference #1) remain in full force and effect. In view of the foregoing, the following options exist: Exercise the County's rights under the modified deed and pay the Society $25,000 and take possession of the parcel. 2. Determine the parcels present day value and offer that amount which would no doubt be in excess of $25,000. 3. Pay the Society's asking price. March 21, 2000 136 TO: Terrence P. O'Brien Acting County Attorney THROUGH: James W. Davis, P.E. , Public Works Director _ lu T1,, Terry B. Thompson, P.Ec Capital Projects Manager ` n, t•+ FROM: William M. Napier, SRPA, SRA, _ / fir` :: r ~ Right -Of -Way Agent SUBJECT: Children's Home Society Land Parcel Located on Oslo Road DATE: March 6, 2000 The County deeded this parcel of land to the Children's Home Society in 1991 on the condition that a facility would be built within 1 year. The facility was not built, and in 1995 the Society was granted an extension period of 5 years through a Modification to the County Deed. At that time the Society paid the County $25,000.00 for the land. The County had the right to re -acquire the parcel for $25,000.00 if the facility is not built within the 5 year period. The Society again came before the Board of County Commissioners in July of 1999 asking for permission to be able to sell the property on the open market without restrictions. I believe this request was approved by the Board subject to the County being given right of first refusal to purchase the property, should the parcel be needed for storm water management in conjunction with the Oslo Road improvements. The Public Works Department has since, determined that the parcel is needed, and would be adequate for the proposed retention facility. The property currently remains vacant, as the Children's Home Society has never constructed any improvements thereon. At Tent' Thompson's request, I contacted the Children's Home Society in October, 1999 regarding the possible re -acquisition of this parcel by the County. At that time, I spoke with Amanda McGee, Executive Director of the Society who told me that their Board would work on establishing an asking price for the parcel. Since then, I have spoken with Ms. McGee and Stacy Malinowski at the Society several times, and each time I was told that the Society's Board of Directors still needed to meet to set a price. On March 2, 2000 Ms. Malinowski informed me that the Board is meeting again on March 16, so any information she provided me would be subject to Board approval. However, she gave me a "verbal" Price for the parcel of $82,000.00 and did not believe that figure would change. At this time, or in the near future, does the County have any right to re -acquire the land parcel under any current or previous agreement for less than the $82,000.00? Thank you for your assistance in this matter. March 21, 2000- 137 Public Works Director James W. Davis explained the need for the use of this property for a retention pond and recommended the County reacquire the parcel. Acting County Attorney Terrence P. O'Brien explained the Board's options set out in the memorandum. Although there is an emotional aspect to this matter, Chairman Adams commented that this was a business transaction and suggested the County exercise its rights under the modified deed. ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Ginn, the Board unanimously agreed to exercise the County's rights under the modified deed, pay the Children's Home Society $25,000 and take possession of the parcel, as set out in Option 1 in the memorandum. 11.G.2. RESOLUTION NO. 2000-035 - FLORIDA INLAND NAVIGATION DISTRICT (FINDS GRANT APPLICATION - PRANGE ISLANDS CONSERVATION AREA PUBLIC IMPROVEMENTS The Board reviewed a Memorandum of March 15, 2000: TO: James Chandler, County Administrator THROUGH: Jim W. Davis, P.E., Public Works Directo AND Roland Deblois, Chief, Environmental Plan' g & Code Enfo� t FROM: Beth Gambino, Conservation Lands Manager SUBJECT: Prange Islands Conservation Area Public Improvements — FIND GRANT APPLICATION DATE: March 15.2000 It is requested that the data contained herein be formally considered by the Board of County Commissioners at its regular meeting of March 21, 2000. March 21, 2000 138 _I DESCRIPTION AND CONDITIONS When Indian River County acquired the Prange Islands in 1996 and developed a management plan for the property, It was anticipated that the County would apply for grant funds from the Florida Inland Navigation District (FIND) for public access improvements to the islands. Staff is now proposing to apply to FIND for their funding under a current grant cycle. The FIND grant application requires a resolution from the County. The deadline for submission of the application is March 31, 2000. The cost estimate for the project is $40,000.00. The requested FIND grant amount is $20,000.00, to pay for the waterway improvements portion of the project. The balance of $20,000.00 will be required from the County in matching funds or in-kind services (see attached proposed budget detail). RECOMMENDATIONS Staff recommends that the Board adopt the resolution and authorize the Chairman to execute the resolution. Funding will be from account #125-146-539-038-18 (environmental land bond funds). ATTACHMENTS Grant Application Budget Resolution MOTION WAS MADE by Commissioner Macht, SECONDED BY Vice Chairman Ginn, to approve staff's recommendation. Commissioner Stanbridge thought this might encourage boat docking and expressed concern about liability on the part of the County. She wanted to be certain this would be a controlled area. In response, Chief Environmental Planner Roland M. DeBlois explained that in fact this would give the County more control. If we do not provide a dock, people will pull up in boats anyway and probably cause damage to the sea grasses. The concept would be like Joe Earman Park. Both Chairman Adams and Commissioner Stanbridge felt it was important to have the project coordinated by Parks and Recreation. March 21, 2000- 139 Vice Chairman Ginn thought people should have access to the island. She had a concern about the cost for replanting native species, and Mr. DeBlois explained that while the Brazilian peppers had been previously eradicated, the plan is to see what grows, and the estimated cost to replant has been anticipated if it becomes necessary. Beth Gambino, the new Conservation Land Manager for Parks and Recreation, was introduced to the Commissioners. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Resolution No. 2000-035 adopted requesting assistance for Prange Islands Conservation Area public improvements, under the Florida Inland Navigation District Waterways Assistance Program.) RESOLUTION 2000-035 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Board of County Commissioners of Indian River County is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title PRANGE ISLANDS CONSERVATION AREA PUBLIC IlVIPROVEMENTS Total Estimated Cost $ $40,000.00 Brief Description of Project: The Prange Islands Conservation Area consists of two adjacent islands in the Indian River Lagoon just south of the 17a' Street Causeway Bridge, immediately north of the southern Vero Beach city limits along the east shore of the lagoon. The property was purchased in April, 1996 by Indian River County with a 40% cost share grant from the Florida Communities Trust. In addition to replanting the northern part of Prange Island with native species and resource management, a small boat dock has been designed to hold boats beyond the boundaries of seagrass beds in order to lessen harmful impact and erosion caused by current use. The dock structure will also provide opportunities for fishing recreation and education. Signs around the boundaries of existing seagrass beds will be installed to inform boaters of the dock location and exclude boat access from those areas. Also, picnic tables, interpretive signs and a nature trail have been included in the project to provide environmental education and passive recreation for users. March 21, 2000 140 above, RESOLUTION: 2000-035 AND, Florida Inland Navigation District financial assistance is required for the program mentioned NOW THEREFORE, be it resolved by the Board of County Commissioners of Indian River County that the project described above be authorized, AND, be it further resolved that said Board of County Commissioners of Indian River County make application to the Florida Inland Navigation District in the amount of 50.0% of the actual cost of the project in behalf of said Board of County Commissioners of Indian River Count AND, be it further resolved by the Board of County Commissioners of Indian River County that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said the Board of County Commissioners of Indian River County for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. March 21, 2000- 141 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Board of County Commissioners of Indian River County at a legal meeting held on this 21 st day of March 2000. J.K. BARTON CLERK CIRCUIT COURT n est� �"� Signature Fran B. Adams ��� DEPUTY CLERK % Chariman Title Form No. 90-11 (Rev. 10-14-92) Title 11.G.3. RESOLUTION NO. 2000-036 - FLORIDA INLAND NAVIGATION DISTRICT (FM APPLICATION FOR PHASE I - PERMITTING AND DESIGN OF JUNGLE TRAIL SHORELINE STABILIZATION The Board reviewed a Memorandum. of March 8, 2000: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directof FROM: Terry B. Thompson, PE.� Capital Projects Mana -� SUBJECT: FIND Grant Application for Phase I Permitting and Design of Jungle Trail Shoreline Stabilization DATE: March 8, 2000 DESCRIPTION AND CONDITIONS The County Public Works Department has prepared the attached grant application for the Florida Inland Navigation District's (FIND) Waterways Assistance Program to stabilize the shoreline along Jungle trail. This it a Phase I application for permitting and design. A Phase II grant application for construction in Fiscal Year 2001-2002 will be submitted during the next funding cycle. March 21, 2000 142 • The estimated surveying, design and permitting cost for the project is $26,000.00. FIND may grant up to $13,000.00, with the balance required from the County in matching funds. FIND will not make reimbursement on a Phase I application until the County executes a contract for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year deadline, then FIND shall only allow one (1) year from the Phase I deadline to _enter into the required construction contract before Phase I funding is cancelled. RECOMMENDATIONS AND FUNDING Staff recommends that the Board approve the attached resolution and authorize the Chairman to execute the same for Phase I permitting and design of Jungle Trail Stabilization. Funding will be from account #109-214541-067.94 . ATTACHMENT Resolution Grant Application ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 2000-036 for assistance under the Florida Inland Navigation District Waterways Assistance Program for the Jungle Trail Shoreline Stabilization project. RESOLUTION 2000 - 036 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, the Board of County Commissioners of Indian River County is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Jungle Trail Shoreline Stabilization Total Estimated Cost: $26,000.00 Brief Description of Project: This project is to construct a permanent breakwater in front of established mangroves on the shoreline west of Jungle Trail and to plant spartina grasses in areas where mangroves have eroded and washed out. This Resolution is intended for Phase I permitting and designing for this FIND Grant Cycle. March 21, 2000- 143 • BOOK ACt. RESOLUTION: 2000-036 AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Board of County Commissioners that the project described above be authorized, AND, be it further resolved that said Board of County Commissioners make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project. AND, be it further resolved by the Board of County Commissioners that it certifies to the following: 1. That it will accept the terms and condition set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any changes has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Board of County Commissioners for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statues relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or inconjunction with, request for the final 10% of the funding agreed to by FIND. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver the aforementioned project. The foregoing resolution was offered by Commissioner Gi nn who moved its adoption. The motion was seconded by Commissioner Stanbridge and, upon being put to a vote, the vote was as follows: Chairman, Fran B. Adams Aye Vice Chairman, Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth M. Stanbridge Aye Commissioner John W. Tippin Aye ATTEST lz�wt�- BOARD OF COUNTY COMMISSIONERS Jeffery K. Barton INDIAN RIVER COUNTY, FLORIDA Cle of Court BY l d— am u �/Fran B. Adams, Chairman March 21, 2000 144 11.GA JOINT INDIANRIVER COUNTY -INDIAN RIVER COUNTY SHERIFF - INDIAN RIVER COUNTY SCHOOL DISTRICT FUELING DEPOT, FLEET MANAGEMENT COMPLEX AND PUBLIC WORKS COMPLEX - AMENDMENT #1 _ TO THE PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES CONTRACT CHANSON ENGINEERS) AND JOINT PARTICIPATION AGREEMENT The Board reviewed a Memorandum of February 24, 2000: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SWJECT: Joint County/School District Fueling Depot, Fleet Management Complex and Public Works Complex - Amendment #1 to the Professional Architectural/Engineering Services Contract and Joint Participation Agreement REF. MEMO: James W. Davis to County/School District Fleet Management Project Committee dated Feb. 2, 2000 DATE: February 24, 2000 The County Public Works Department staff has negotiated Amendment No. 1 to the Professional Architecture/Engineering Services Contract between Hanson Engineers and Indian River County. Also, a Joint Participation Agreement (JPA) between the County and School District has been prepared to identify a schedule for the work and establish a payment program for the subject project. Both the Amendment No. 1 and JPA are fully described in the above referenced memo from James W. Davis, the Amendment No. 1, and JPA (all attached hereto). on February 17, 2000, the Joint County/School District/Sheriff's Department Committee met and approved the Amendment No. 1 and JPA. The School District will consider approving the JPA on March 14, 2000. At this time, the County staff is ready for Board consideration of both agreements. March 21, 2000 145 BOOK fr1t;,.'� I BOOK Since the project budget has more than doubled (from $2,500,000 to $5,182,222) due to the School District's participation and since the County and School District have - purchased a 25 acre parcel to accommodate the Fleet Management Complex, the consulting architects/ engineers have increased the project design scope of work and compensation. Total architectural/engineering fees, direct expenses, and related costs have increased from $174,500 to $394,956. The standard architectural/engineering fees are about 7.6% of the construction and fixture cost of $4,353,933. This has been a vigorously negotiated amendment. The JPA between the County and School District has been prepared to present a project schedule to identify funding needs for the School District. The alternatives presented are as follows: Approve Amendment No. 1 to the original Architectural/Engineering Services Agreement dated Feb. 10, 1998 and the Joint Participation Agreement between the County and School District. Alternative No_ 2 Deny approval and renegotiate. Alternative No. 1 is recommended whereby the Amendment No. 1 and JPA is approved and the Chairman is authorized to execute both agreements. Funding in the amount of $2,932,222 on the County's behalf is from the It Local option Sales Tax ($3,082,000 budgeted). Ref. Memo, JPA, and Amendment No. 1 March 21, 2000 IER 0 0 Public Works Director James W. Davis advised that the School District had requested the addition of "visa versa" on provision 61 on page 339 of the backup. MOTION WAS MADE by Commissioner Stanbridge, SECONDED BY Commissioner Macht, to approve staff's recommendation and add the requested language. Vice Chairman Ginn inquired about provisions on pages 301, 303, 307, 313, 332, and 323, and Director Davis responded that while Hanson will perform periodic inspections, the County will have an on-site inspector. Director Davis also assured her that he had scrutinized the listed expenses and explained that many of them were due to the environmental restrictions. He also stated that the Road and Bridge staff will be housed in the new complex, therefore 95 additional employees need meeting and conference space, locker rooms, and other necessities. Vice Chairman Ginn stressed that she did not want to see a "box". She wanted the building to have some strong design features so that the final product will be something the County can be proud of, but she is not looking for a Taj Mahal. The Chairman CALLED THE QUESTION and the motion carried unanimously. JOINT PARTICIPATION AGREEMENT AND AMENDMENT NO. 1 TO CONTRACT OF HANSON ENGINEERS, INC. ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 21, 2000F 147 BOCK I —I � r'AGE . 'D" 11.G.5. NORTH COUNTYREGIONAL PARK ENGINEERINGAND ARCHITECTURAL SERVICES - PROJECT -NO. 9926 - PROFESSIONAL SERVICES AGREEMENT - BRAD SMITH ASSOCIATES, INC. (YELLER POOLS) The Board reviewed a Memorandum of March 14, 2000: 21El-f 116S AA0. -�/-/ TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Directo FROM: Christopher J. Kafer, Jr., P.E., County Engineer e SUBJECT: North County Regional Park Engineering and chitectural Services - IRC Project No. 9926 DATE: March 14, 2000 DESCRIPTION AND rONDMONS On February 1, 2000 the Board approved staff to negotiate with Brad Smith Associates, Inc. for design services for the above subject project. Staff has negotiated the attached agreement and detailed scope of work. ALTF.RNATIVEC AND ANA .YSiC The attached three (3) originals of the Professional Services Agreement are presented for Board approval. The fee negotiated is $249,070.00. RFrOMMENDATTQNS Staff recommends that the Board approve the contract negotiated and direct the Chairman to execute the contract on behalf of the Board $2,450,000.00 has been budgeted for FY 99/00 for the project. Three (3) Originals of the Professional Services Agreement with Brad Smith & Associates, Inc March 21, 2000 148 Public Works Director James W. Davis announced that a corrected page 341 had been provided. He advised that the design team had brought in Weller Pools whose specialty was designing pools. We can do a design/build agreement to work with the architect to make sure it is compatible with the rest of the complex. He had been told that we can piggy -back on another bidder's contract with Weller. He felt good about this arrangement. The option is in the contract and he wanted to point it out. It is a unique but a very good opportunity. Chairman Adams was delighted with the design team so far. The pool is vitally important and she hoped there would be a fast time line to get it completed. Director Davis credited Chris Kafer on his staff for a great job. In response to Vice Chairman Ginn's inquiry as to the checking of Weller's references, she was satisfied when advised that Weller had done the pool for the Olympics and also the Kissimmee Pool. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the Professional Services Agreement that had been negotiated with Brad Smith Associates, Inc., in the amount of $249,070. and authorized the Chairman to execute said contract, as recommended in the memorandum. March 21, 2000F AGREEMENT IS ON FILE IN TBE OFFICE OF THE CLERK TO THE BOARD 149 60UK ,�� al J r ' l ' ' 1 J_aL I BOOK ! riot L`, -r 0 11.G.6. NORTH COUNTY REGIONAL PARK SUBLEASE - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. OFFICE OF COASTAL AND AQUATIC MANAGED AREAS - AHWASTER' S MODEL AIRPLANE CLUB - ST. SEBASTIAN RIVER BUFFER PRESERVE (CORACI) The Board reviewed a Memorandum of March 14,,2000: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director �( SUBJECT: North County Regional Park Sublease DATE: March 14, 2000 The County staff has received a sublease for the 130 acre North County Regional Park located at the Southeast corner of the St. Sebastian River Buffer Preserve (formerly Coraci property) along the north side of CR512. The most prominent sublease conditions are as follows: 1.The County must prepare and submit to the State a Management Plan for the Park within 10 months from the date of this sublease. No improvements can proceed until the Management Plan is approved. (page 2 of 14) The Division of Historical Resources must approve the Plan. (page 9 of 14) 2. The County must pay a $300/year Administrative fee to the State. (page 9 of 14) 3. There are 23 Special Conditions (pages 9 - 11) related to the design of improvements. The State must approve of all park design and the Airmaster's Model Airplane field. The County must manage the Airmaster's model airplane field. Staff has negotiated the attached lease to the best of our ability. The lease conditions do not present any insurmountable obstacles for developing the park. March 21, 2000 150 i The staff recommends approval of the sublease agreement and the Chairman be authorized to execute it. Referenced letter and sublease Chairman Adams thought it was necessary to clarify that we do not have to do a management plan for the park; it was included with the St. Sebastian Buffer Preserve Management Plan which has been worked on for the past two years. Keith Fisher, Preserve Manager, is part of the advisory team as the North County park moves forward. Some of the caveats in the sublease reflect items that are important to them and she cited some examples. The County will be submitting the site plan and the Buffer Preserve will be kept posted as we move along with items so they are able to give input. The model airplane club's property comes under our acreage and our management. It is not part of our original acreage, it is an addition to it. There is no change in our park plans. Commissioner Stanbridge wanted to know who would be responsible for the removal of the wild hogs and other things that the Buffer is required to do. Chairman Adams advised that the hog removal would be probably be addressed in the fencing issue, and that may become an issue. If it does become an issue, we will work with the St. Sebastian Buffer Preserve towards that She does not anticipate any delay and so far DEP has been accommodating. ON MOTION by Commissioner Stanbridge, SECONDED BY Commissioner Macht, the Board unanimously approved the proposed negotiated sublease agreement and authorized the Chairman to execute same, as recommended in the memorandum. March 21, 2000 151 Her "Afj;- BOOK i I ", rACc y'rf_1 COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.1, TELEPHONE SYSTEM UPGRADE - DEPARTMENT OF UTILITY SERVICES -NEC BUSINESS NETWORK SOLUTIONS, INC. - BASIC RATE ISDN LINES (ESSX� The Board reviewed Memoranda of March 3 and March 2022000: DATE: MARCH 3, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTU ITY PREPARED AND JEFFREY R. SMITH, CPA STAFFED BY: ASSISTANT DIRECTOR O TTY SERVICES AND ART REISFELD CUSTOMER SERVICE SUPERVISOR SUBJECT: TELEPHONE SYSTEM UPGRADE BACKGROUND In March of 1994, the Department of Utility Services installed a proprietary telephone system. At the time this was done, the PBX system in the County Administration Building was near capacity and the volume of calls for Utilities put a significant drain on the switchboard operator. The Utility was able to get features similar to a key system without having to buy and maintain a Key Service Unit by using ISDN telephones fed by Basic Rate ISDN lines. This was possible because of the County's favorable ESSX contract. Since that time new problems have arisen with the Utility's communication system. With the continued expansion of the Utility's customer base, the volume of calls from customers has continued to escalate to the point that the current Utilities Customer Service staff cannot adequately handle the call volume. The ISDN arrangement does not allow for more telephones with the Customer Service line configuration, thus making it necessary to alter the way the calls are handled ANALYSIS The main concern with the current telephone system is the inability to handle the large volume of calls, especially in the Customer Service area However, there are other major problems with the system. The current setup does not allow an incoming caller to enter another extension if the target of their call is busy or unavailable. If a caller reaches voice mail or a busy signal, he/she will not be able to enter an altemate destination without hanging up and calling back. In conjunction with this, March 21, 2000 152 It is there is a high incidence of "abandoned calls". Abandoned calls are those in which an incoming call does not get answered and eventually the caller hangs up. This occurs mainly in the Customer Service area, where the Representatives are trained not to interrupt service to a "live" customer in order to answer an incoming call. This problem is exacerbated by the fact that under the current setup, there is no finther capability to add additional stations to the main Customer Service number, 770-5300. With the assistance of the County's Telecommunications Manager, Terry Smith, staff began to investigate the available technology, which could provide a solution to the problems facing the Department After reviewing several possible solutions and products, it appears that the best choice for Utilities would be to install the ACD (Automatic Call Distribution) system onto the County's existing PBX (NEAR 2400). This type of system will greet incoming callers with a message that will help the caller to get to the correct work group. If all representatives are busy assisting other customers, the call will be put into queue for the next available attendant This will eliminate the abandoned call scenario described above, and ensure that every caller will, if they choose, speak with a live person. In short, the Department would be working under the County's main telephone number, 567-8000, while retaining the current Customer Service number, 770-5300, the only 770 exchange being held over. An incoming call for Utilities through the main 567 exchange will be greeted with an auto attendant to divert the call to Utilities. Once the call comes into Utilities, another auto attendant process will greet the caller to direct them to the proper work group. For the convenience of the customer, they can call either through the 567 exchange or continue to call the current 770- 5300 number directly. An important benefit included with this system is management software, which will provide real- time reporting of Call Center conditions. This is a powerful management tool to adjust the work force and redirect the workload to meet the needs. This software can be installed on PC's with no additional computer expense. There are other ancillary benefits associated with this proposed system, the most notable of which is the messaging capability. We can record numerous messages that will play when the caller connects to Utilities, which can present notices of water outages, line breaks, basic billing information, etc. This capability is anticipated to reduce the actual number of telephone calls that the Customer Service Representatives will physically have to answer, freeing personnel to accomplish other tasks. Additionally, there are some benefits to the County as a whole. The ACD feature is software that will only have to be purchased one time. If other departments of the County should develop the need to use the Call Center fimction, the only additional equipment required would be new digital telephone sets for that department Communications with other agencies of the County will be enhanced, as the Department will be working on the same system as the County Administration Building and its related agencies. Exhibit A lists other advantages of this proposed change as well as the disadvantages of which the most notable is cost Exhibit B is a matrix, prepared by Terry Smith, which depicts the various systems investigated, with their price quotes. The particular system chosen is the one in the column labeled with the number 4. The $34,823 quoted was the most economical that provided the features we needed to solve existing problems. Also, because the County is under contract with NEC Business Network Solutions for the maintenance of the PBX, equipment additions and software changes have to be done by them in order for the system to by covered by the agreement. Exhibit C shows additional expenses to be incurred, recommended by Terry Smith, that are necessary to integrate this system with the County's current PBX system. These costs total $10,620.00 for a grand total of $45,443. March 21, 2000- 153 • BOOK c LZ During the fiscal 1998-1999, the Department of Utility Services had budgeted $25,000 to upgrade the telephone system. The process of determining the proper system extended past the end of that fiscal year, and with approval from the Office of Management & Budget, that $25,000 is being carried over to fiscal year 1999-2000. Staff is requesting approval from the Board to proceed and authorization to expend the additional $20,443 to acquire and install the proposed new system. RECOMMENDATION Staff recommends that the Board authorize the Department to spend $45,443 to upgrade the current telephone system. These funds will come from Renewal & Replacement funds in the Operating Fund 471. /c Attachments DATE: 3/20/00 TO: IRC BOARD OF CO SIO FROM: JOYCE DAUGHERTY THRU: JEFF SMITH, ASSISTANT DIRECTO DEPT. OF UTILITY SERVICES SUBJECT: ITEM H 1 ON THE COMMISSION MEETING AGENDA FOR 3/21/00 — TELEPHONE SYSTEM UPGRADE After a discussion with Will Collins, it has been decided to strike through Paragraphs 5 and 9 of the Agreement with NEC, and to schedule an installation date of 30 to 45 days post -execution of the document. These changes are agreeable to NEC. March 21, 2000 154 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously authorized the Utility Services Department to spend $45,443 to upgrade the current telephone system, as recommended in the memorandum. SYSTEM MODIFICATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.2. BID #2022 -RECOMMENDATION FOR SEWER PROJECT HORIZONTAL DIRECTIONAL DRILLING - ROCE RIDGE SEWAGE COLLECTION SYSTEM - TRI -SURE CORPORATION The Board reviewed a Memorandum of March 13, 2000: DATE: MARCH 13, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR } I FROM: DONALD R. HUBBS, P.$. �[ DIRECTOR OF LrTnTa Y PREPARED STEVEN J. DOYLE, P.E., CAPITAL PROJECTS MANAGER AND STAFFED JEREMIAH K JOHNSON, E.I. ENVIRONMENTAL ENG BY: SUBJECT: BID RECOMMENDATION FOR SEWER PROJECT HORIZONTAL DIRECTIONAL DRILLING BACKGROUND The above -referenced project allows for the installation of a force main in the Rock ridge Sewage Collection System. Most of the installation has been successfiilly performed using in-house Utility Personnel and staff is seeking approval to award those portions of the work (horizontal directional drills) which cannot be accomplished with in-house forces. The Rock edge Sewer Improvement Project provides two benefits to the County's customers. The first benefit is that the proposed force main piping will reduce current operating pressures in the upstream service area, which reduces electrical operating costs to the consumer. This further reduces long- term maintenance costs by reducing wear & tear to residential sewage pumping units, and helps to reduce backups. The second benefit is a reduction in operating costs associated with the discharge of wastewater to the City of Vero Beach Service area Currently the higher pressures and flows in the Rockridge Sewage Collection Systems necessitate the diversion of sewage to the City of Vero Beach during periods of excessive sewage March 21, 2009 155 I BOOK flows. The County through Resolution No. 93-36 has an inter -local Agreement with the City of Vero, which defines the monthly base charges and volumetric cbzW for discharging to the City's wastewater collection system. The current monthly base charges are $11,600 plus a volumetric charge of $1.10 per 1,000 gallons of sewage treated. Completing the Roclaidge Sewer Improvement Project can reduce annual operating expenses in excess of $139,200. Staff advertised and solicited bids on December 23, 1999 for the Roclaidge Area Sewer Project Horizontal Directional Drilling (HDD) portion. (Refer to Exhibit 1). Staff reviewed and compared the bid proposal to the budgeted amount and concluded that the price was more than originally estimated (Exhibit 2). Furthermore, complaints from other potential bidders were received about the timing of the bid during the hectic, holiday season. Therefore, Staff approached the Board about the possibility of re -bidding the project. The Board elected to accept StaTs recommendation to re -bid the HDD project on February 1, 2000 (Exhibit 3). After successfully re -advertising and notifying the appropriate Directional Bore Contractors/Bidders, bids were received on February 18, 2000. Again only one utility bidder responded to the advertisement. Tri - Sure Corporation was the lone bidder at a cost of $96, 780.00 (Exhibit -4). As a cost reduction measure, it is Staff's recommendation that Bid Item No. 02F -HDD # 6 be omitted from the Contract Documents and that the Notice of Award be issued in the amount of $86,060.00 for the remaining Bid Items. Refer to Exhibit -5 Page no. 00310-5. RECOMN ENDATION The staff of the Department of Utility Services recormnends that the Board of County Commissioners approve the Rockridge Area Sewer HDD bid award to Tri -Sure Corporation in the amount of $86.060.00 for services depicted on the Bid Schedule (less Bid Item 02F -HDD #6) and authorize the Chairman to execute the same. Funding Account No. Funding Account Name: Amotmt: & lacement 471-000-169.472.00 $86 060.00 LIST OF EXHIBITS: List of Attachments: Exhibit 1 Bid Received on December 23, 1999 Exhibit 2 Agenda Item Dated January 31, 2000 Exhibit 2a Project Cost Summary Exhibit 2b Horizontal Directional Drill Cost Summary Exhibit 3 BCC Authorization to Re -bid Exhibit 4 Bid Received from Tri -Sure Corporation on February 18 2000 Exhibit 5 Bid Schedule (las Bid Item No 02F — HDD #6) & Utilities Bid Schedule Disclaimer March 21, 2000 156 ON MOTION by Vice Chairman Ginn, SECONDED BY Commissioner Macht, the Board unanimously approved the Roclaidge Area Sewer HDD bid award to Tri -Sure Corporation in the amount of $86,060 for services depicted on the Bid Schedule (less Bid Item 02F -HDD #6) and authorized the Chairman to execute the same, as recommended in the memorandum. 1.9 DOCUMENT ON i RECEIVED - 11.H.3. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCAI - PAYMENT OF ANNUAL RISK MANAGEMENT PLAN REGISTRATION FEE The Board reviewed a Memorandum of March 13, 2000: DATE: MARCH 13,20M TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. \ , DIRECTOR OF UTILITY SF.R PREPARED GENE A. RAUTH AND STAFFED OPERATION MANAGER BY: DEPARTMENT OF UTILTIY SERVICES SUBJECT: DEPARTMENT OF COMMUNITY AFFAIRS ANNUAL RISK MANAGEMENT PLAN REGISTRATION FEE BACKGROUND: On December 22, 1998, the Board of County Commissioners, (BCC), considered an agenda item for Chlorination System Improvements. During that meeting, the BCC approved Staff's recommendation to fast track the Risk Management Plan (RMP) development. As explained in the Agenda Item, the preparation and submittal of the RMP for the following six treatment plants; North Regional R.O. Water Treatment Plant, South March 21, 2000- 157 County R.O. Water Treatment Plant, West Regional Wastewater Treatment Facility, Central Regional Wastewater Treatment Facility, South Regional Wastewater Treatment Facility, and the North Regional Wastewater Treatment Facility, as required by the Environmental Protection Agency (EPA), were due to EPA no later than June 21, 1999. To meet the June 21, 1999 deadline, the Board authorized the Staff of the Department of Utility Services, utilizing a cross -functional task -team, to develop and implement the County RMPs. The team completed the RMP submittal documents, and submitted them to the EPA for review on May 26, 1999. On February 9, 1999, the BCC considered an agenda item for chlorination system improvements. During that meeting, the BCC approved a lease\purchase agreement for the South Regional Wastewater Treatment Plant for an onsite Sodium Hypochlorite Generation System. The system was placed in service on May 21, 1999. The new system has replaced the old chlorine gas method of disinfection, with an alternate disinfection system. The alternate disinfection system has completely eliminated the risk of an accidental release of chlorine gas to the environment. This conversion has also eliminated the present and future RMP requirement for the South Regional Wastewater Treatment Plant, which Indian River County was required to submit. The conversion of the South Regional Wastewater Treatment Plant prior to the June 21, 1999 deadline has reduced the registration fee that Indian River County is required to submit by $1,000.00. On August 11, 1998, the BCC approved the award of Bid # 8067 to Indian River Industrial Contractors for the expansion of the Central Regional Wastewater Treatment Plant. Within this contract, the County provided for an on-site Sodium Hypochlorite Generation System for the Central Regional plant, which, when placed into service, will replace the old chlorine gas method of disinfection. The alternate disinfection system will completely eliminate the risk of an accidental release of chlorine gas to the environment. This conversion will eliminate the future RMP requirement, and annual DCA Registration Fee for the Central Regional Wastewater Treatment Plant. As stated in the December 22, 1998 Agenda, some County facilities are located near residential areas or schools. Staff will continue to pursue further conversion of the remaining four regional water treatment plants, from chlorine gas disinfection systems, to an alternate form of disinfection system. On January 6, 2000, the Indian River County Department of Utility Services staff conducted the public meeting for the presentation of the Department's RMP and alternate disinfection method conversion. As required by Section 4 of Public Law Number 106- 40, the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act, the Department shared the required hazard assessment information during this public meeting. na sis• As part of the overall compliance requirement of the Clean Air Act amendments, and Accidental Release Prevention (ARP) program, the team has developed and implemented the specific RMPs for each of the treatment plants, as required. The Department of utility March 21, 2000 158 N U L -I Services has been notified by the State of Florida Department of Community Affairs, (DCA), that the County must submit an annual registration fee and the appropriate registration fee form to the State Emergency Response Commission by no later that April 1, 2000. (See attached letter, dated March 6, 2000, from the State Emergency Response Commission). Under the DCA's RMP fee structure, the County is required to submit payment in the amount of $5,000.00 as indicated by the following: Treatment Plant Program Level Fee Amount 1. N Regional RO. Water Tteatr ent Plant Level # 3 S 1,000.00 2. S County R.O. Water Treatment Plant Level # 3 1,000.00 3. W Regional Wastewater Treatment Facility Level # 3 1,000.00 4. Central Regional Wastewater Treatment Facility Level # 3 1.00D.00 5. N Regional Wastewater Treatment Facility Level # 3 1.000.00 TOTAL: S51080.00 Funding for the DCA's RMP fee will come from the following: Account No. 471-218-536-034.97 - $ 3,000.00 Account No. 471-219-536-034.97 - 2,000.00 RECOMMENDATION• The Staff of the Department of Utility Services recommends that the Board of County Commissioners approve payment to the Department of Community Affairs for the Annual Risk Management Plan registration fee in the amount of $5,000.00. March 21, 2000- 159 _ .� 'A' I- ON MOTION by Commissioner Stanbridge, SECONDED BY Vice Chairman Ginn, the Boardunanimously approvedpayment of the Annual Risk Management Plan registration fee, in the amount of $5,000, to the Department of Community Affairs, as recommended in the memorandum. Vice Chairman Ginn credited Department of Utility Services Operation Manager Gene A. Rauth for his great work on this project. 13.A.1. CHAIRMAN ADAMS - INTRODUCTION OF BILLY CHESTNUT At the conclusion of the meeting, Chairman Adams introduced her "shadow" for the day, Billy Chestnut, a junior at Sebastian River High School, who is in the International Baccalaureate (IB) Program. (Item not added) 13.C.1. COMMISSIONERMACHT -INPUT FOR THE ECONOMIC SUMMIT Commissioner Macht asked for input from his fellow Commissioners for the upcoming Economic Summit. There were no specific items mentioned. Chairman Adams requested that Commissioner Macht "bring back our fair share" and advised that she and Commissioners Stanbridge and Tippin will be in Tallahassee at the same time on another matter. 13.C.2. COMMISSIONER MACHT - COMMENT ON EMERGENCY MANAGEMENT - FIRE DIVISION (See item 11.B.) March 21, 2000 160 14.A. EMERGENCY SERVICES DISTRICT None. U.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that following the meeting, the Commissioners would sit as the Board of Commissioners of the Solid Waste Disposal District. Those minutes are being prepared separately. 14.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 11:55 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approved 7®� c9 March 21, 2000- 161 Fran B. Adams, Chairman 60 -. a� '_;